HomeMy WebLinkAboutA032 - Memo from City Attorney, Q&A mailing • Memo
City Attorney's Office
Caring People
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TO: --SteVe—Schainker, City Manager
Terry Bird, Acting Police Chief
Mike Smith, Police Department
Mark Wheeler, Police Department
Clare Bills, Public Relations Officer
FROM: John R. Klaus, City Attorney
DATE: June 7, 2001
SUBJECT: Smoking Ordinance Q & A Mailing
With this is the Q & A mailing as we discussed Tuesday. Steve will prepare a transmittal for the
Mayor to sign. The mailing will go to the food service establishments on the Sanitarian's list, plus
the list from the Ames Visitor and Convention Bureau of hotels/motels that have neither a food
service or liquor license.
Encl.
� 1 �
- City Attorney's Office
515 Clark Avenue,P. 0.Box 811
Caring People Ames IA 50010
Qualily Programs >
Exeepiorml Service Phone: 515-239-5146 • Fax: 515-239-5142
TO: Hospitality Businesses of Ames
FROM: Ames City Staff
SUBJECT: Smoking Ordinance Questions and Answers
DATE: June 6, 2001
Q: When does the ordinance go into effect?
A: August 1, 2001.
Q: What will the ordinance do?
A: Four main things:
(1) Prohibit smoking anywhere in non-exempt food service establishments between 6:00
a.m. and 8:30 p.m.
(2) Require that the area within 15 feet of the main entrance to a food service
establishment be kept smoke free.
(3) Require that persons under 18 be kept from any area of a food service establishment
where smoking is allowed.
(4) Require that hotel/motel lobby areas,corridors and common areas be kept smoke free.
Q: Are bars exempt?
A: Only if the bar has filed with the City Clerk a sworn affidavit that its sales of non-alcoholic
food and services are less than 10% of its total sales.
Q: Can a place that clearly meets the 10%rule be considered exempt without filing the affidavit?
A: No, but the City Clerk will provide affidavit forms (see attached affidavit form).
Q: Can a place come under the 10% rule by "closing its kitchen" on certain occasions or for
certain times of day?
A: No.
Q: How often does the 10% affidavit have to be filed?
A: Once is enough. If the facts change to make it untrue, the affidavit should be withdrawn.
Q: If a liquor licensed establishment that meets the 10% exemption has gotten a"special event"
or"time of day"permit from the police chief to allow minors on the premises, can persons
under 18 be in the establishment if smoking is allowed?
A: No.
Q: Are persons in charge of a place required to report persons observed smoking in violation of
the ordinance to the police?
A: No.
Q: What can the person in charge of an establishment be fined for?
A: 1) designating a part of the premises as a smoking area during a prohibited time;
2) failing to take measures to keep hotel/motel lobby areas,corridors and common areas
smoke free;
3) failing to take measures to keep the area within 15 feet of the entrance to the premises
smoke free;
4) failing to take reasonable measures to prevent persons under 18 from being found in
an area where smoking is allowed.
Q: What can the customer be fined for?
A: 1) Smoking in a non-exempt food service establishment between 6:00 a.m.and 8:30 p.m.
2) Smoking in a hotel/motel lobby, corridor or other common area.
3) If under 18 years of age, being in a place where smoking is allowed.
4) Smoking within 15 feet of the main entrance/exit of a food service establishment.
Q: Is there a way for an establishment to become exempt from the rule against smoke within 15
feet of the entrance to a food service establishment?
A: No.
Q: Will the police respond to calls reporting a violation of the ordinance?
A: Yes, as time and priorities permit.
Q: Will the police file charges against reported violators of the smoking ordinance?
A: Yes. But when a police officer does not personally observe a violation, it will be necessary
for a person who did witness the violation to give the police a sworn affidavit identifying the
violator and stating the place, date and time that the violation occurred. Police will have
affidavit forms with them for that purpose.
Q: Can people who persist in smoking in a smoke free area be told to leave and be charged with
trespassing if they don't?
A: Yes.
Q: Will there be a time and place to ask more questions of the City staff?
A: Yes, at 7:00 p.m. in the City Council Chambers, City Hall, on July 19, 2001.
JRK:gmw
- Office of the Mayor
515 Clark Avenue,P.0.Box 811
Ames,IA 50010
Caring People
Phone: 515-239-5106
Quality Progra). Fax: 515-239-5142
Fx ep(ional Srrvite
June 15, 2001
Dear Food Service Establishment or Hotel/Motel Operator:
The Ames City Council has approved a new"Smoking In Public Places" Ordinance (Chapter 21A
of the Municipal Code) that will take effect on August 1, 2001. In an effort to help you better
understand how this new law will affect your establishment,I have enclosed a copy of the Ordinance
as well as a"Question and Answer" document. In addition, a special meeting has been scheduled
for July 19, 2001, at 7:00 p.m. in the City Council Chambers at 515 Clark Avenue. The City
Attorney and representatives from the Police Department will be present to review the provisions of
this new law and to answer any questions.
One aspect of the enclosed Ordinance that may be of interest to establishments with a liquor license
is the"Ten Percent Exemption"reflected in Section 21A.201. According to this Section,the smoking
prohibition reflected in Sections 21A.101 and 21A.102 does not apply if your"non-alcoholic food
sales" are less than ten percent of the total dollar amount of sales of all kinds at your establishment.
If you qualify for this exemption,you must file the enclosed sworn affidavit with Diane Voss,
City Clerk, at City Hall, 515 Clark Avenue.
I hope the enclosed information and special meeting will serve to familiarize you with the specifics
of this new law. Please share this information with all of your employees who may be responsible for
enforcing the new regulations. If you are unable to attend the special meeting or have any questions
regarding this material, please contact John Klaus, City Attorney, at 239-5146.
Sincerel ,
Ted Tedesco
Mayor
\sls
Attachments
AFFIDAVIT
SMOKING ORDINANCE
LESS THAN 10% EXEMPTION
STATE OF IOWA
ss:
STORY COUNTY
The undersigned, ,being first duly sworn, does hereby depose and
state that:
I. The undersigned is the authorized agent and representative for
2. That is both a food establishment and licensed premises under
the Iowa Alcoholic Beverage Control Act.
3, That sales of non-alcoholic food at
are in a dollar amount that is
less than ten percent of the dollar amount of sales of all kinds at
SUBSCRIBED AND SWORN to before me, a Notary Public in and for the State of Iowa,by the affiant
to me personally known,on the day of 20
Notary Public in and for Story County, Iowa
F85-Smoking Ordinance Affidavit-052901
ORDINANCE NO. 3608
AN ORDINANCE TO AMEND THE MUNICIPAL CODE OF THE CITY OF
AMES,IOWA,BY ENACTING A NEW CHAPTER 21A CONSISTING OF
SECTIONS 21A.100 THROUGH 21A.600 FOR THE PURPOSE OF
PROHIBITING THE DESIGNATION OF SMOKING AREAS IN PUBLIC
PLACES IN ACCORDANCE WITH CHAPTER 142B CODE OF IOWA;
PROVIDING A PENALTY;AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS,"smoking",as defined by Subsection 142B.1(4)Code of Iowa,is,by Subsection 142B.2(1)Code
of Iowa, prohibited in a "public place" as defined by Subsection 142B.1(3) Code of Iowa, except in a designated
"smoking area";and,
WHEREAS,"smoking areas"may be designated,pursuant to Subsection 142B.2(2)Code of Iowa,by persons
having custody or control of public places except in places where smoking is prohibited by ordinance;and,
WHEREAS, it is found that smoking areas have been designated in many such public places in this city;and,
WHEREAS,it is found that the designation of smoking areas in those public places has subjected persons to the
harmful effects of tobacco smoke on their health, and curtailed the number of public places that can be enjoyed by
persons who have an allergy or other heightened sensitivity to smoke; and,
WHEREAS,it is deemed to be in the interest of the public health and the economic welfare of the community
that designation of smoking areas be prohibited in such public places that are frequented,for the most part,by residents
of this city;
NOW,THEREFORE,be it ordained,by the City Council for the City of Ames,Iowa;
Section One. The Municipal Code of the City of Ames,Iowa shall be and the same is hereby amended by adding
a new Chapter 2 1 A as follows:
"CHAPTER 21A
SMOKING IN PUBLIC PLACES
Sec.21A.100. PURPOSE.
The purpose of the provisions of this chapter, Sections 21A.100 through 21A.300 of the
Municipal Code of the City of Ames,Iowa, is to augment the provisions of chapter 142B,Sections
142B.1 through 14213.6 Code of Iowa,by prohibiting smoking, as smoking is defined by Section
14213.1(4)Code of Iowa,in public places,as`public place' is defined in Section 142B.1(3)Code of
Iowa, to prevent the designation in those public places of any smoking area in accordance with
Section 142B.2(2)Code of Iowa.
Sec.21A.101. PUBLIC PLACES WHERE SMOKING IS PROHIBITED.
Smoking,as definedby Subsection 142B.1(4)Code of Iowa,is prohibited in any establishment
that is a `public place' as defined by Subsection 142B.1(3)Code of Iowa.
Sec.21A.102. DESIGNATION OF SMOKING AREA PROHIBITED.
The person having custody or control of any place that is a`public place'as defined by Section
142B.1(3) Code of Iowa, shall not designate any part or portion of that place as a smoking area
pursuant to Section 142B.2(2) Code of Iowa.
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Sec.21A.200. FOOD ESTABLISHMENT,TIME-OF-DAY EXEMPTION.
The provisions of Section 21A.101 and Section 21A.102 of the Municipal Code of the Citv of
Ames, Iowa shall not apply to a food establishment as defined by Section 137F.1(8)Code of Iowa
during that time between 8:30 p.m. and 6:00 a.m. During that time such food establishment may
designate a smoking area in accordance with Section 142B.2(2) Code of Iowa. Such food
establishment that terminates food service at the establishment on a consistent and regularly scheduled
basis at a time earlier than 8:30 p.m.shall not,during the time period between such earlier time and
6:00 a.m.,be subject to Sections 21A.101 and 21A.102 of the Municipal Code of the city of Ames
Iowa,and may,between such earlier time and 6:00 a.m.designate a smoking area in accordance with
Section 142B.2(2)Code of Iowa.
Sec.21A.201. LESS THAN TEN PERCENT EXEMPTION.
The provisions of Sections 21 A.101 and 21 A.102 of the Municipal Code of the City of Ames
Iowa shall not apply to a food establishment as defined by Section 137F.I(S)Code of Iowa that is also
a licensed premises as defined by Section 123.3(20)Code of Iowa if non-alcoholic food sales at such
establishment are less than ten percent of the dollar amount of sales of all kinds at that establishment
and there has been filed with the Ames City Clerk the sworn affidavit of the person in custody and
control of the establishment attesting to that fact. The sales price of non-alcoholic food that is
delivered from a food establishment as defined by 137F.1(8)Code of Iowa to a licensed premises as
defined by Section 123.3(20)Code of Iowa for consumption on the premises to which it is delivered,
shall be included in computing the dollar amount of non-alcoholic food sales and the dollar amount
of sales of all kinds of the establishment to which the non-alcoholic food is delivered,for purposes
of computing the percentage ofnon-alcoholic food sales at the establishment for which the exemption
under this section is sought.
Sec.21A.202. TRUCK STOP EXEMPTION.
(a) The provisions of Section 21A.101 and 21A.102 of the Municipal Code of the city of
Ames, Iowa shall not apply to that portion of a public place, as public place is defined in Section
142B.1(3) Code of Iowa, that is a fully enclosed room within such public place, and which fully
enclosed room has a forced air ventilation system that is separate from the ventilation system for the
remainder of the said public place in which such room is located if the said public place is a food
establishment as defined by Section 137F.1(8)Code of Iowa that:
(i) is located within 1,000 feet of Interstate Highway 35;
(ii) provides parking spaces for more than twelve semi-tractor trailers;and
(iii) has filed with the Ames City Clerk the sworn affidavit of the person in custody and
control of the establishment that the establishment has,in addition to its food sales,
sales of diesel fuel that on average, over a calendar year, amount to more than
twelve thousand gallons per month,as shown by records made in the regular course
of that establishment's business and filed with the said affidavit.
(b) In the event that the dining area of such public place as is the subject of this section is
expanded subsequent to the establishment of an exempt room provided for in this section,there shall
be no increase in the area of the said exempt room.
Sec.21A.203. BOWLING ALLEY EXEMPTION.
(a) The provisions of Section 21A.101 and 21A.102 of the Municipal Code of the City of
Ames,Iowa shall not apply,during the time between the hours of 6:00 p.m. and the following 6:00
a.m. on all days and between 3:00 p.m. Thursday and the following 6:00 a.m., to a public place as
public place is defined by Section 14213.1(3)Code of Iowa,that offers the use of not less than twelve
full scale bowling lanes that are each equipped with operable automatic pin setting apparatus. During
the times stated in this section, such public place with bowling lanes as aforesaid may designate a
smoking area in accordance with Section 142B.2(2)Code of Iowa.
(b) The provisions of Section 21A.101 and 21A.102 of the Municipal Code of the City of
Ames, Iowa shall not apply to that portion of a public place, as public place is defined in Section
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14213.1(3) Code of Iowa, that is a fully enclosed room within such public place which room has a
forced air ventilation system that is separate from the ventilation system for the remainder of the
public place in which such room is located, if the said public place offers the use of not less than
twelve full scale bowling lanes each equipped with operable automatic pin setting apparatus.
Sec.21A.204. RENTED ROOM SOCIAL EVENT EXEMPTION.
Section 21 A.101 and 21A.102 of the Municipal Code of the City of Ames,Iowa shall not apply
in cases in which an entire room or hall is used for a private social function and seating arrangements
are under the control of the sponsor of the function and not the proprietor or person in charge of the
place,all in accordance with Section 14213.2(1)Code of Iowa.
Sec.21A.205. CERTAIN WORK PLACES EXEMPTION.
Section 21 A.101 and 21 A.102 of the Municipal Code of the City of Ames.Iowa shall not apply
to factories,warehouses and similar places of work not usually frequented by the general public,all
in accordance with Section 14213.2(1)Code of Iowa.
Sec.21A.300. SMOKE-FREE AREAS,HOTELS AND MOTELS.
(a) The person in custody and control of any hotel or motel shall take such measures as shall
be reasonably necessary and effective to keep all lobby areas,corridors and other common areas of
the hotel or motel free from any level of tobacco smoke that can be detected by the unaided human
sense of smell.
(b) Smoking,as defined by subsection 14213.1(4),Code of Iowa,is prohibited in any hotel
or motel lobby, corridor or other common area of the hotel or motel.
Sec.21A.301. SMOKE-FREE AREAS,CERTAIN ENTRANCES AND EXITS.
(a) The person in custody and control of any place that comes within the scope of Sections
21A.200, 21A.201, 21A.202, and 21A.203 of the Municipal Code of the City of Ames, Iowa shall
take such measures as shall be reasonably necessary and feasible to maintain all points within fifteen
feet of the main entrance and the main exit of such place free from any level of tobacco smoke that
can be detected by the unaided human sense of smell.
(b) Smoking,as defined by Subsection 142B.1(4),Code of Iowa,is prohibited at any point.
within fifteen feet of the main entrance and the main exit of any place that comes within the scope
of Sections 21A.200,21A.201,21A.202,and 21A.203 of the Municipal Code of the City of Ames,
Iowa.
Sec.21A.400. MINORS PROHIBITED IN SMOKING AREAS.
(a) The person in custody and control of any place that comes within the scope of Sections
21A.200,21A.201, 21A.202, and 21A.203 of the Municipal Code of the City of Ames, Iowa shall
take such measures as shall be reasonably necessary and feasible to prevent persons under the age of
eighteen from being present in any area where smoking,as defined in Subsection 14213.1(4)Code of
Iowa, is allowed under the Municipal Code of the City of Ames, Iowa.
(b) It is unlawful for any person under the age of eighteen to be present in any place where
smoking is allowed under the Municipal Code of the City of Ames, Iowa.
Sec. 21A.500. OUTDOOR SEATING AREAS.
Outdoor seating areas shall be subject to the prohibitions,provisions and exemptions stated in
Sections 2 IA.101, 2 IA.102, 21A.200, 21A.201, 21A.202, 21A.203, 21A.204, 21A.205, 21A.300,
21A.301 and 21A.400,the same as indoor seating areas.
See.21A.600. PENALTY.
(1) Violation of Section 21A.102, 21A.300(a), 21A.301(a), and 21A.400(a) shall be a
municipal infraction punishable by a civil penalty of$500 for a person's first violation thereof,and
a penalty of$750.00 for each repeat violation.
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(2) Smoking in violation of Section 21A.101, 21A.300(b), 21A.301(b), and 21A.400(b)
shall be a municipal infraction punishable by a penalty of$25.00."
Section Two. If any section, subsection, sentence, clause or other part or portion of this ordinance shall be
adjudicated invalid, all the rest and remainder of this ordinance shall be and remain in full force and effect.
Section Three. Violation of this ordinance shall constitute a municipal infraction punishable as herein provided.
Section Four. All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such
conflict, if any.
Section Five. This ordinance shall be in full force and effect on the first day of August,2001,after its third and
final passage by the City Council and publication as required by law.
Passed this 6th day of March , 2001.
Diane R. Voss,City Clerk Ted Tedesco,Mayor
0594
Rev. 1-3-01, 1-24-01, 1-25-01
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