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HomeMy WebLinkAbout5/18/2016 - STAFF REPORTS - 5.E. Chapter 6.10 SMOKING PROHIBITED IN CERTAIN PUBLIC AREAS Page 1 of 4 Palm Springs Municipal Code Up Previous Next Main Collapse Search Print No Frames Title 6 HEALTH AND SANITATION Chapter 6.10 SMOKING PROHIBITED IN CERTAIN PUBLIC AREAS 6.10.010 Purpose of chapter. Because smoking of tobacco, or any other weed or plant, is a positive danger to health and a cause of material annoyance, inconvenience, discomfort and a health hazard to those who are present in confined places, and in order to serve public health, safety and welfare,the declared purpose of this chapter is to prohibit the smoking of tobacco, or any other weed or plant, in certain areas which are used by or open to the public. (Ord. 1261 § 1, 1986) 6.10.020 Definitions. (a) "Bar" means an area which is devoted to serving of alcoholic beverages and in which the service of food is only incidental to the consumption of such beverages. (b) "Eating establishment"means every publicly or privately owned eating place, including every coffee shop, cafeteria, short-order cafe, luncheonette, sandwich shop, soda fountain and restaurant. (c) "Employee"means any person who is employed by an employer for direct or indirect monetary wages or profit. (d) "Employer"means any person who employs the services of an individual person. (e) "Enclosed"means closed in by a roof and walls with appropriate openings for ingress and egress, but does not include areas commonly described as public lobbies. (f) "Motion picture theater"means any theater engaged in the business of exhibiting motion pictures. (g) "Park"means all grounds, buildings, improvements, and areas dedicated to use by the public for park, recreation, or open space purposes and over which the city has acquired right of use for such purposes. The term "Park" includes sidewalks, trails, and pathways in or around park facilities, park strips, and other grounds of any park. (h) "Smoking" means the combustion of any cigar,cigarette, pipe or any similar article, using any form of tobacco or other combustible substance in any form. (i) "Workplace"means any enclosed area of a structure or portion thereof intended for occupancy by business entities which will provide primarily clerical, professional or business services of the business entity,or which will provide primarily clerical, professional or business services to other business entities or to the public, at that location. "Workplace" includes, but is not limited to, offices spaces in office buildings, medical office waiting rooms, libraries, museums, hospitals and nursing homes. Except as herein defined,words used in this chapter shall have the meanings commonly ascribed to them. In case of a dispute over the meaning of a word,the definition shall be that given in the most recent edition of Webster's Collegiate Dictionary. (Ord. 1788 § 1, 2011; Ord. 1261 § 1, 1986) 6.10.030 Smoking prohibited—Elevators. Smoking is prohibited and is unlawful in elevators. (Ord. 1261 § 1, 1986) 6.10.040 Smoking prohibited—Hospitals,_health care and child care facilities. . ._flEM NG � _.. http://www.gcode.us/codes/palmsprings/view.php?topic=6-6_10&showAll=1&frames=on 5/12/2016 Chapter 6.10 SMOKING PROHIBITED IN CERTAIN PUBLIC AREAS Page 2 of 4 (a) In public areas of health care facilities and hospitals, as defined in Section 1250 of the California Health and Safety Code, including waiting rooms, public hallways and lobbies, smoking is prohibited, except in specially designated smoking areas, which may be all or part of a public area. (b) Every publicly or privately owned health care facility, including hospitals, shall make a reasonable effort to determine preference and to assign patients placed in rooms occupied by two or more patients according to the patient's individual nonsmoking or smoking preference. Where a nonsmoker is placed in a room with a smoker, the rights of the nonsmoker shall be given precedence. (c) In rooms and areas occupied by nonsmoking patients, smoking shall be prohibited for hospital staff, visitors and the general public. "STAFF AND VISITOR SMOKING PROHIBITED"signs and/or the international logo sign for no smoking shall be conspicuously posted in each nonsmoking patient's room. (d) In child care facilities, including those in private homes, during operating hours in rooms where children are present, smoking is prohibited. (Ord. 1261 § 1, 1986) 6.10.050 Smoking prohibited-Public meeting rooms. Smoking is prohibited and is unlawful in hearing rooms, conference rooms, chambers and places of public assembly in which public business is conducted,when the public business requires or provides direct participation or observation by the general public. (Ord. 1261 § 1, 1986) 6.10.060 Smoking prohibited—Theaters and auditoriums. Smoking is prohibited and is unlawful in every publicly or privately owned theater, auditorium,or other enclosed facility which is open to the public for the primary purpose of exhibiting any motion picture, stage drama, musical recital, athletic events or any other performance or event in all areas except either in that area commonly known as the lobby,or in areas not open to public, except athletic events where smoking shall be permitted in specially designated areas. Every owner and/or manager of such theater, auditorium or other enclosed facility used for the purposes stated herein, shall post signs conspicuously in the lobby stating that smoking is prohibited within the theater, auditorium or facility, and in the case of motion picture theaters, such information shall be shown upon the screen for at least five seconds before showing feature motion pictures. Any facility in use for conventions or similar purposes or for exhibitions associated therewith are exempt from the provisions of this chapter during such use. (Ord. 1261 § 1, 1986) 6.10.070 Smoking prohibited—Eating establishments. Smoking is prohibited and is unlawful in all indoor eating establishments serving food whose occupancy capacity is fifty or more persons. This prohibition shall not apply to any such establishment maintaining a contiguous no smoking area of at least one-quarter of the seating capacity. This prohibition shall not apply to any rooms which are being used for eating establishment purposes for private functions. If a smoking area is maintained, the preference of the patron is to be determined by the management and the patron shall be seated according to preference if possible. Any portion of an indoor eating establishment used for bar purposes is excluded from the restrictions of this section. (Ord. 1261 § 1, 1986) 6.10.080 Smokin4Prohibited—Department stores. Smoking is prohibited and is unlawful in public areas of every department store which sells dry goods, clothing or utensils, excluding areas outdoors. (Ord. 1261 § 1, 1986) 6,10.081 Smoking prohibited—Parks. Smoking is prohibited and is unlawful within any Park. (Ord. 1788 § 2,201 1) 6.10.082 Smoking prohibited—Airport terminal. Smoking is prohibited and is unlawful in all public areas of the Palm Springs Municipal Airport Terminal, http://www.gcode.us/codes/palmsprings/view.php?topic=6-6_10&showAll=1&frames=on 5/12/2016 Chapter 6.10 SMOKING PROHIBITED IN CERTAIN PUBLIC AREAS Page 3 of 4 including lobbies, waiting areas, restrooms and baggage claim area. This prohibition does not apply to leased areas of the terminal building. Section 6.10.090 of this chapter shall apply to such leased areas. (Ord. 1279 § 1, 1987) 6.10.090 Regulation of smoking in the workplace. (a) Within ninety days of the effective date of this chapter, or within ninety days of having first engaged the services of an employee, for employers who are not in operation on the effective date of this chapter, each employer shall adopt, implement and maintain a reasonable written smoking policy which should contain at a minimum the following: (1) Prohibition of smoking in employer conference and meeting rooms, classrooms, auditoriums, medical facilities,and elevators; (2) Provision and maintenance of a contiguous no smoking area of not less than one-half of the seating capacity and floor space in cafeterias, lunchrooms and employee lounges; (3) Any employee in the workplace shall be given the right to designate his or her immediate work areas as a nonsmoking area and to post it with appropriate signs or sign. The policy adopted by the employer shall include a definition of the term"immediate work area"which gives preferential consideration to nonsmokers. (b) In any dispute arising under the smoking policy,the rights of the nonsmoker shall be given precedence. (c) Except where other signs are required, whenever smoking is prohibited in the work place, conspicuous signs shall be posted so stating, containing all capital lettering not less than one inch in height, on a contrasting background. In lieu of such signs the international no-smoking logo may be prominently displayed. (d) The smoking policy shall be communicated to all employees within two weeks of its adoption. (e) Notwithstanding the provisions of subsection (a)of this section, every employer shall have the right to designate any workplace as a nonsmoking area. (f) This section is not intended to regulate smoking in the following places and under the following conditions: (1) A private home which may serve as a workplace,except as required pursuant to Section 6.10.040(d); (2) Any property owned or leased by other governmental agencies; (3) A private, enclosed workplace occupied exclusively by smokers, even though such a workplace may be visited by nonsmokers,excepting places in which smoking is prohibited by the fire marshal or by other law, ordinance or regulation; (4) Food and beverage service areas of indoor eating establishments; (g) An employer who in good faith develops and promulgates a reasonable written policy regarding smoking and nonsmoking in the workplace shall be deemed to be in compliance with this chapter provided that a policy which designates an entire workplace as a smoking area shall not be deemed a reasonable policy. (Ord. 1261 § 1, 1986) 6.10.100 Postingof signs,required. (a) Except where other signs are required, whenever in this Chapter smoking is prohibited; conspicuous signs shall be posted so stating,containing appropriate language in capital lettering not less than one inch in height and/or the international no-smoking logo, on a contrasting background. It is the duty of the owner, operator, manager or other persons having control of such room, building or other place where smoking is prohibited, to post such signs or to cause such signs to be posted.Nothing herein shall be deemed or construed to authorize violation of the Palm Springs sign ordinance. (b) It shall be unlawful to wilfully mutilate or destroy any signs required by this chapter. (Ord. 1788 § 3, 2011; http://www.gcode.us/codes/palmsprings/view.php?topic=6-6_10&showAll=1&frames=on 5/12/2016 Chapter 6.10 SMOKING PROHIBITED IN CERTAIN PUBLIC AREAS Page 4 of 4 Ord. 1261 § 1, 1986) 6.10.110 Other agency cooperation Federal, state, county, school and special district officials are urged to enact and enforce provisions similar to the provisions contained herein. (Ord. 1261 § 1, 1986) 6.10.120 Structural modifications not required (a) It shall be the responsibility of employers to provide smoke-free areas for nonsmokers within existing facilities to the maximum extent possible, but employers are not required to incur any expense to make structural or other physical modifications in providing these areas. (b) Nothing in this chapter shall require the owner, operator or manager of any theater, auditorium, health care facility or any building, facility, structure or business to incur any expense to make structural or other physical modifications to any area or workplace. (c) Nothing in this section shall relieve any person from the duty to post signs or adopt policies as required by this chapter. (Ord. 1261 § 1, 1986) 6.10.130 Exemptions. Any owner or manager of a business or other establishment subject to this chapter may apply to the individual, department or agency designated by the city council for an exemption or modification to any provisions of this chapter due to unusual circumstances or conditions. (a) Such exemption shall be granted only if the designated individual, department or agency designated by the city council finds from the evidence presented by the applicant for exception at a public hearing either that: (1) The applicant cannot comply with the provisions of this chapter for which an exemption is requested without incurring expenses for structural or other physical modifications, other than posting signs,to buildings and structures; (2) Due to such unusual circumstances, the failure to comply with the provision for which the exemption is requested will not result in a danger to health or annoyance, inconvenience or discomfort. (b) The applicant for an exemption shall pay the fee prescribed by city council resolution with the application to cover cost of the hearing and noticing of the hearing. (Ord. 1261 § 1, 1986) 6.10.140 Penalties. Violation of any provision or failure to comply with any requirement of this chapter is an infraction. (Ord. 1261 § 1, 1986) 6.10.150 Severability. If any provision or clause of this chapter or the application thereof to any person or circumstance is held to be unconstitutional or to be otherwise invalid by any court of competent jurisdiction, such invalidity shall not affect other chapter provisions or clauses or application thereof which can be implemented without the invalid provisions or clause or application, and to this end the provisions and clauses of the ordinance are declared to be severable. (Ord. 1261 § 1, 1986) View the mobile version. http://www.gcode.us/codes/paimsprings/view.php?topic=6-6_10&showAll=1&frames=on 5/12/2016 Jay Thompson From: Lynda Barbour <lynda.barbour@cancer.org> Sent: Tuesday, May 17, 2016 7:33 PM To: Robert Moon; Geoff Kors Cc: Jay Thompson;Jennifer Nelson Subject: FW: 05.18.16Item S.E. Expansion of smoke-free outdoor areas, including dining patios discussion - Support Attachments: SHS facts- good for business ACSCAN 2014.pdf; Palm Springs SF OD LOS Final.docx Good evening Mayor Moon and Councilmember Kors, My original email was too big with the attachments I intended... I will send those under separate cover. On behalf of the American Cancer Society Cancer Action Network, we respectfully submit this letter of recommendation and supporting documents for expanding smoke-free policies for council consideration during the 5.18.16 council meeting. There are many resources to assist the city and it's staff in this effort and we look forward to working you to improve the health of your residents. Sincerely, Lynda Barbour Lynda Barbour, MPH ( Southern California Government Relations Director American Cancer Society Cancer Action Network, Inc. 2655 Camino del Rio North Suite 100 San Diego, CA 92108 Phone: 619.682.7416 1 Mobile: 619.742.4861 Fax: 619.296.0928 acscan.org M t;canoeraction etwork- A acscan.org This message(including any attachments)is intended exclusively for the individual to whom ills addressed and may contain proprietary,protected, or confidential information. If you are not the named addressee,you are not authorized to read,gnat, copy,or disseminate this message or any part of it, If you have received this message in error,please notify the sender immediately. os�id/t®�,L M 01CancerAction Net® May 17, 2016 ez The Honorable Robert Moon Palm Springs City Council 3200 E. Tahquitz Canyon way Palm Springs, California92262 Item 5.E. Expansion of smoke-free outdoor areas, including dining patios discussion - Support Dear Mayor Moon and Members of the City Council : The American Cancer Society Cancer Action Network writes to urge the Palm Springs City Council to develop an ordinance to expand smoke-free outdoor areas to include outdoor dining and bar patios in Palm Springs restaurants, and include buffer zones of 15-25 feet from indoor smoke- free areas . Since the city last passed any major smoking ordinances, there have been hundreds of smoke-free policies passed across the country to provide protection from the toxic effects of secondhand smoke . If your city were to enact a strong smoke-free outdoor dining policy, you would join almost 100 cities in California that have passed ordinances to protect families and workers; cities as diverse as Solana Beach, Malibu, Pasadena, and Mill Valley have expanded smoke- free policies in outdoor dining areas and bar patios. Current state law protects both workers and families from the carcinogenic effects of secondhand smoke inside restaurants, but those protections do not extend to outdoor patios where there is clear evidence that being outside does not negate the harm of secondhand smoke exposure. • The U. S . Environmental Protection Agency has classified secondhand smoke as carcinogenic to humans, placing it in the same category as radon, benzene, and asbestos . • The U. S . Surgeon General has declared that there is "no risk-free level of exposure to secondhand smoke. Breathing even a little secondhand smoke can be harmful to your health. " • In 2005 , the California Air Resources Board (ARB) released a report that evaluated the first-ever monitoring of the level of outdoor exposure to secondhand smoke on the health of California residents . Based on the conclusions of this American Cancer Society Cancer Action Network 2655 Camino Del Rio North,Ste 100;San Diego CA 92108 619.682.7416•(F)619.296.0928•lynda.barbourocancer.orK report, the ARB adopted a regulatory amendment identifying secondhand smoke as a toxic air contaminant - an outdoor air pollutant that may cause or contribute to an increase in deaths or in serious illness, or which may pose a present or potential hazard to human health. Of the cities in California that have passed smoke-free outdoor dining ordinances, there has been no indication of any negative economic consequences. In fact, cities like Beverly Hills have experienced the opposite and restaurants in that city experienced an increase in sales following the passage of its ordinance. Broad smoke-free policies change social norms by making non-smoking behavior the expected "normal" behavior. Smoke-free laws encourage smokers to quit or cut down on their smoking and decrease youth initiation. We urge the council to develop and enact the strongest possible smoke-free outdoor dining ordinance. The American Cancer Society Cancer Action Network stands ready to provide support, direction and resources to facilitate a staff report and recommendations . Sincerely, r Lynda Barbour, MPH Director, Government Relations, Southern Region American Cancer Society Cancer Action Network CC : Members, Palm Springs City Council Attachments : ACSCAN Fact sheets : secondhand smoke; smoke-free policies, and ChangeLab Solutions smokefree checklist American Cancer Society Cancer Action Network 2655 Camino Del Rio North,Ste 100;San Diego CA 92108 619.682.7416•(F)619.296.0928•lyncla.barbourPcancer.org Smoke-Free Policies [ancerActan Network- • • • For Husines5 The Surgeon General's reported in 2006'and again 20102 that there Smoke-free Laws Do NOT: is no risk-free level of exposure to secondhand smoke(SHS). Smoke- • Hurt Restaurant or Bar Revenue free laws and policies provide immediate and long-term health • Reduce Tourism benefits for smokers and non-smokers alike and are good for Smoke-free Laws Do: businesses and workers. . Save Businesses Money • Protect Lives FACT: Smoke-free Laws Do NOT Harm Restaurants Numerous studies examining the impact of state and local smoke-free restaurant laws have found that these laws do not hurt,and may even benefit, restaurant sales. • Studies examining the impact of local smoke-free ordinances in California, New York, Massachusetts,Texas, Arizona, Indiana,Wisconsin, Florida, Maryland, Kentucky, Kansas,and North Carolina found that smoke-free laws had either positive or no effects on restaurant revenues and other economic indicators.3,4,5,6,7,8,9,10,11,12,13, 14,15,16,17,18 19,20 o For example, one year after the passage of a strong smoke-free ordinance went into effect in New York City,the city's bars and restaurants experienced an 8.7 percent increase in tax receipts—an increase of approximately$1.4 million—and the rate of restaurant openings remained unchanged." o As another example, a 2012 study of restaurants and bars in 11 Missouri cities found that eight of the cities experienced increases in sales after local smoke-free ordinance implementation and the other three did not experience any decline." • Smoke-free ordinances may actually increase restaurant resale values. Smoke-free restaurants in California and Utah had a 16 percent(or$15,300) median increase in sale price compared to restaurants in communities where smoking was permitted'23 • More people are demanding smoke-free establishments. In Michigan,a 2011 poll found that 74 percent of likely voters support the state's smoke-free law,compared with 66 percent that supported the law before it went into effect. In addition,93 percent of respondents indicated that they go to restaurants and bars just as or more often than they did before the law took effect 24 • The Bowling Proprietors'Association of America (BPAA)found that an increasing number of bowling centers are adopting voluntary smoke-free policies. The BPAA also found that fewer bowlers smoke,and the top reason why people choose not to bowl is because of the smoky environment. Moreover, nonsmoking bowlers outspent smokers, making nonsmokers a lucrative customer base." FACT: Smoke-free Laws Do NOT Harm Bars Numerous studies have also found that smoke-free bar laws laws do not hurt, and may even benefit, bar sales. • Research examining the impact of smoke-free ordinances in communities in California, Florida, Kentucky, Massachusetts, Maryland, Minnesota, New York Oregon, and Texas showed that these laws had no negative effect on bar sales or service workers' employment.26,17, 28,29,30,31,32,33,34,35,36 In fact, bar businesses are no more sensitive to changes in smoking behavior than other hospitality businesses.17 • A 2007 study found that smoke-free ordinances had no significant effect on the resale value and profitability of bars,contrary to the 30 percent decrease in value purported by the tobacco industry.38 These data were supported by studies in nine states including Texas and Florida, all of which reported no effect or an increase in bar revenue and employment following passage of smoke-free laws.19,40,41 Page 1 of 4 • Public support for smoke-free bars is strong. Surveys conducted in Montana and Nebraska found that a vast majority respondents planned to visit bars, restaurants, bowling allies and other service industries equally or more frequently than they did prior to the implementation of smoke-free laws in their communities 42'03 A 2010 Ohio poll also found that nearly three in four voters believed that bar employees should be protected from SHS in their workplaces." FACT:Smoke-Free Laws Do NOT Reduce Tourism Several studies have shown that smoke-free policies do not affect tourism or hotel/motel revenues 41,46,47,49,49 • One study found that smoke-free laws were associated with increased hotel revenues in four localities: Los Angeles, CA, New York City, NY, Mesa,AZ, and the state of Utah " • Another study found that the number of tourists that visited California and New York increased after the implementation of these states' smoke-free policies.Additionally,the study looked at seven other localities and observed no significant changes in tourism following the implementation of smoke-free policies.s' • Approximately one year after Florida's smoke-free law took effect, researchers found no significant change in the number of visits to recreational sites across the state. Moreover,the number of people employed in the leisure and hospitality industry increased almost 2 percent.s2 FACT: Smoke-Free Laws SAVE Businesses Money The costs of second hand smoke(SHS) are significant. The 2014 Surgeon General's report estimated the economic value of lost wages,fringe benefits, and services associated with premature mortality due to SHS exposure to be$5.7 billion per year nationwide.This estimate excludes the lasses due to morbidity and far underestimates the total economic impact of SHS.63 • Smoking employees have significantly higher absenteeism and injury,accident, and disciplinary rates than their nonsmoking colleagues s4,s5,se.57,se,59 • Some business owners have been found liable in lawsuits filed by sick employees seeking damages related to smoking in the workplace.60,61,62,63,64 • Business owners that allow smoking in the workplace increase their costs of doing business: Employers pay increased health, life,and fire insurance premiums, make higher workers'compensation payments, incur higher worker absenteeism,and settle for lower work prod uctivity.6s,66,67,66,69,70,]l,72 Other costs associated with smoking in the workplace are increased housekeeping and maintenance costs. • One year after New York City's smoke-free law took effect,smoking among the city's adults declined 11 percent, resulting in 140,000 fewer smokers, and preventing 45,000 premature deaths. These declines in smoking and related disease saved over$500 million annually in tobacco-related health care costs, part of which would have been incurred by local businesses.",14 Conclusion Existing research strongly indicates that smoke-free laws are good for businesses,for workers, and for customers. Research published in leading scientific journals has shown consistently and conclusively that smoke-free laws have no adverse effects on the hospitality industry,JS'16 and actually benefit businesses. The 2006 Surgeon General's Report furthers this point, concluding that"evidence from peer-reviewed studies shows that smoke-free policies and regulations do not have an adverse economic impact on the hospitality industry.."" No one should have to choose between a job and good health. ACS CAN strongly supports legislative and regulatory measures that limit smoking in public places and work environments. Furthermore,ACS CAN opposes preemptive state legislation that restricts local authorities from regulating smoke-free air and urges policymakers and community leaders to support smoke-free efforts,which reduce and prevent disease,suffering and death from tobacco. Page 2 of 4 References 1 U.S.Department of Health and Human Services(HHS)(2006). The Health Consequences of Involuntary Exposure to Tobacco Smoke:A Report of the Surgeon General. 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Analysis of Taxable Sales Recipts:Was New York City's Smoke-Free Air Act Sad for Restaurant Business/ Journal of Public Health Management Practice 5(1);14-21. 48 Dai,C.et al.(2004). 69 Hahn,E.J.,et al.(2005). 50 Glantz,S.A.and A.Charlesworth(1999). 51 Glantz,S.A.and A.Charlesworth(1999). 5z Dai C,et al.(2004). 53 U.S-Department of Health and Human Services(HHS).(2014). The Health Consequences of Smoking-50 Years of Progress:A report of the Surgeon General,Atlanta,GA:U.S.Department of Health and Human Services,Center for Diseases Control and Prevention,National Center for Chronic Disease Prevention and Health Promotion,Office on Smoking and Health.Printed with corrections,January 2014. sa Halpern,M.T.,Shikiar,R.,Rentz,A.M.,and Khan,Z.M.(2001). Impact of Smoking Status on Workplace Absenteeism and Productivity. Tobacco Control 10:233-238. 65 Ryan,J.,Zwerling,C.,and Orav,E.D.(1992). American Journal of Public Health 82(1):29-32. 56 Ryan,J.Zwerling,C.,and Jones,M. (1996)Cigarette Smoking at Hire as a Predictor of Employment Outcome. JOEM 38(9);928-933. 57 Penner,M.and S.Penner(1990). Excess Insured Health Care Costs from Tobacco-Using Employees in a Large Group Plan. Journal of Occupation Medicine 32(6):521-523. 58 Robbins,A.S.,Fonseca,V.P.,Chao,S.Y.,Coil,G.A.,Bell,N.S.,and P.J.Amoroso.(2000).Short Term Effects of Cigarette Smoking on Hospitalisation and Associated Lost Workdays in a Young Health Population.Tobacco Control 9:389-396. 59 HHS(2014). 60 Uhbi v.State Compensation Insurance fund (CA,1990). 61 Magow v.Middletown Board of Education(NJ,1998). 63 Shimp v.New Jersey Bell(NJ,1976). 63 Smith v. Western Electric Co.(MO,1982). 6°McCarthy v.Department of Social and Health Services(WA,1988). 65 Kristein,M.M.(1983). How Much Can Business Expect to Profit from Smoking Cessation? Preventive Medicine. 12:359-381. 66 Marion Merrell Dow,Inc.(1991). The Economic Impact of Smoking:In the Workplace;On Cardiovascular Health;On Wound Health and Recovery from Surgery;On Infants and Children;On Pulmonary Health;On Dental and Oral Health. Medical Information Services,Inc. 67 Musich,S.,Napier,D.and D.W.Edington(2001). The Association of Health Risks With Workers'Compensation Costs. Journal of Occupational and Environmental Medicine 43(6):534-541, 68 Halpern et al.(2001). 69 Ryan et al.(1992). 70 Ryan et al.(1996). 71 Penner&Penner(1990). 13 HHS(2014). 73 New York City Department of Health and Mental Hygiene(2004). New York City's Smoking Rate Declines Rapidly from 2002 to 2003,the Most Significant One-Year Drop Ever Recorded. Available online at http,//www.nvc.gov/html/doh.html/public/press04/pro52-0512.html, 7 6 Frieden,T.R.et al.(2005). 75 Scalia,M.,A.Lai,Hyland,A.and S.Glantz(2003). Review of the Quality of Studies on the Economic Effects of Smoke-Free Policies on the Hospitality Industry. Tobacco Control 12:13-20. 76 Scollo,M.and A.Lai(2004). Summary of Studies Assessing the Economic Impact of Smoke-free Policies in the Hospitality Industry. Melbourne: VicHealth Centre for Tobacco Control. http://www.vctc.org.au/tc-re5/Ho5pitality5ummary.pdf. ))HHS(2006). October 2014 Page 4 of 4 Jay Thompson From: ARLENE SANFORD <arlenesanford@mac.com> Sent: Friday, May 13, 2016 3:38 PM To: Robert Moon; Ginny Foat; Chris Mills;JR Roberts; Geoff Kors Cc: Jay Thompson; David Ready; Cindy Cairns Subject: Let's support smokefree public patios in Palm Springs Attachments: SmokefreeOutdoorDining april, 2016.pdf;Why I Support Smokefree Patios .docx; desert sun- Valley cities get failing grades for anti.docx On May 18 I will be appearing before the city council to ask you to enact an ordinance to ban smoking on public patios in Palm Springs. 1 am sending you a few items today so that you may be familiar with the issue before the meeting. Attached are the following: 1. A letter explaining my position 2. A list of all places in the US with Smokefree Outdoor Dining and Bar Patio Laws compiled by the American Nonsmokers' Rights Foundation 3. A recent article from the Desert Sun detailing the Coachella Valley's "failure to protect citizens from exposure to tobacco smoke, according to a new report from the American Lung Association." I have support for this idea from many neighbors, visitors and restaurant managers and I hope that you will see its merit. Thank you very much for your time. Arlene Sanford 555 E. Avenida Granada Palm Springs. 92264 310 617 5173 Sent from my iPhone 7rl-f S, t UtzLENE sANFozD April 14,2016 Dear Mayor Moon,City Manager Ready and distinguished members of the Palm Springs City Council, I would like the City Council to consider passing an ordinance to support smokefree public patios in Palm Springs. The United States Surgeon General has stated that there is no safe level of exposure to secondhand smoke. It kills tens of thousands of Americans every year and causes serious life-threatening illnesses to thousands more. In 2006, the California Air Resources Board classified secondhand smoke as a"toxic air contaminant"in the same category as asbestos,cyanide and arsenic,all of which can lead to serious illness and death.On restaurant patios,secondhand smoke threatens the health of the waiters,waitresses and others whose job it is to serve the diners. And secondhand smoke decreases our quality of life here in Palm Springs,disturbing the simple pleasure of sitting outside and enjoying a meal in the beautiful warmth of the desert. There is already a chapter in the city's municipal code,Chapter 6.10,that prohibits smoking in many public areas including parks,the airport and,of course,the inside of most restaurants. I ask that this be expanded to ban smoking on all public patios,most importantly restaurants,bars and coffee houses. Let us join the many other places in the country that have already implemented this law including the states of Hawaii,Iowa,Maine, Michigan and Washington,and California cities from Sausalito to Santa Monica,as well as over 225 other cities throughout the country and a growing number of places throughout the world. With such an ordinance in place we can increase the health and quality of life of all residents and visitors to our beautiful city. Thank you for your consideration. Sincerely, ArlenzSa'L o C; 555 F. Avevllda(�ra wAwl. P a1*wSpruug; Cal. 92264, Te& 310-617-5173 armed@m.ac,.camp = AMERICAN NONSMOKERS' RIGHTS FOUNDATION Defending your right to breathe smokefree air since 1976 Municipalities with Smokefree Outdoor Dining and Bar Patio Laws Enacted as of April 4, 2016 This list includes those municipalities that have enacted laws for 100% smokefree outdoor dining and bar patios. The list does not include those municipalities that have restricted smoking to certain parts or percentages of outdoor dining or bar patios. For more information about clean outdoor air, visit our smokefree outdoor resource page. Note, the jurisdiction(s) affected by County-level laws vary widely. 1. Clay AL 34. Loma Linda CA 2. Creola AL 35. Malibu CA 3. Fultondale AL 36. Mammoth Lakes CA 4. Gadsden AL 37. Manhattan Beach CA 5. Monroeville AL 38. Martinez CA 6. Vestavia Hills AL 39. Mill Valley CA 7. Agoura Hills CA 40. Monterey Park CA 8. Baldwin Park CA 41. Moorpark CA 9. Belmont CA 42. Morgan Hill CA 10, Calabasas CA 43. Morro Bay CA 11. Calexico CA 44. Mountain View CA 12. Camarillo CA 45. National City CA 13. Campbell CA 46. Oakley CA 14. Carlsbad CA 47. Palo Alto CA 15. Carpinteria CA 48. Paradise CA 16. Carson CA 49. Pasadena CA 17. Compton CA 50. Petaluma CA 18. Contra Costa County CA 51. Piedmont CA 19. Corte Madera CA 52. Pinole CA 20. Cupertino CA 53. Rancho Cordova CA 21. Daly City CA 54. Richmond CA 22. Davis CA 55. San Anselmo CA 23. El Cajon CA 56. San Fernando CA 24. El Cerrito CA 57. San Jose CA 25. Emeryville CA 58. San Leandro CA 26. Fremont CA 59. San Mateo CA 27. Hayward CA 60. San Rafael CA 28. Hemet CA 61. San Ramon CA 29. Hermosa Beach CA 62. Santa Clara County CA 30. Huntington Park CA 63. Santa Monica CA 31. La Canada Flintridge CA 64. Santa Rosa CA 32. Lafayette CA 65. Sausalito CA 33. Larkspur CA 66. Sebastopol CA 2530 San Pablo Avenue, Suite J • Berkeley, California 94702 • (510) 841-3032/FAX (510)841-3071 www.no-smoke.org • am@no-smoke.org Page 1 of 7 67. Sierra Madre CA 118. Lynn MA 68. Solana Beach CA 119. Marion MA 69. Sonoma County CA 120. Marlborough MA 70. South Pasadena CA 121. Medfield MA 71. Temple City CA 122. Medway MA 72. Tiburon CA 123. Methuen MA 73. Union City CA 124. Milton MA 74. Ventura CA 125. Montague MA 75. Walnut Creek CA 126. Natick MA 76. Windsor CA 127. Needham MA 77. Arvada CO 128. New Bedford MA 78. Avon CO 129. Newburyport MA 79. Boulder CO 130. North Andover MA 80. Eagle County CO 131. North Reading MA 81. Edgewater CO 132. Northampton MA 82. Fort Collins CO 133. Northborough MA 83. Louisville CO 134. Orange MA 84. Tift County GA 135. Pittsfield MA 85. DeKalb IL 136. Provincetown MA 86. Hesston KS 137. Rockport MA 87. Manhattan KS 138. Shelburne MA 88. Owensboro KY 139. Sherbom MA 89. Alexandria LA 140. Somerville MA 90. Cheneyville LA 141. South Hadley MA 91. Ouachita Parish LA 142. Stockbridge MA 92. West Monroe LA 143. Sunderland MA 93. Woodworth LA 144. Sutton MA 94. Adams MA 145. Tyngsborough MA 95. Amherst MA 146. Watertown MA 96. Andover MA 147. Wayland MA 97. Bolton MA 148. Whately MA 98. Boston MA 149. Williamstown MA 99. Bourne MA 150. Winthrop MA 100. Buckland MA 151. La Plata MD 101. Cambridge MA 152. Portland ME 102. Charlemont MA 153. Austin MN 103. Dartmouth MA 154. Hutchinson MN 104. Deerfield MA 155. Olmsted County MN 105. Easthampton MA 156. Anguilla MS 106. Gill MA 157. Arcola MS 107. Grafton MA 158. Baldwyn MS 108. Granby MA 159. Beulah MS 109. Greenfield MA 160. Brandon MS 110. Hamilton MA 161. Coahoma County MS 111. Hatfield MA 162. Courtland MS 112. Hingham MA 163. Crawford MS 113. Hudson MA 164. Duck Hill MS 114. Lee MA 165. Duncan MS 115. Lenox MA 166. Durant MS 116. Leominster MA 167. Ethel MS 117. Leverett MA 168. Farmington MS Page 2 of 7 169. Fayette MS 201. Philadelphia PA 170. Forest MS 202. Aiken County SC 171. Friars Point MS 203. Beaufort SC 172. Georgetown MS 204. Colleton County SC 173. Indianola MS 205. Duncan SC 174. Isola MS 206. Easley SC 175. Itta Bane MS 207. Estill SC 176. Iuka MS 208. Greenville SC 177. Louisville MS 209. Hampton SC 178. Magee MS 210. Hartsville SC 179. Mendenhall MS 211. Hollywood SC 180. Monticello MS 212. Inman SC 181. Moorhead MS 213. Lancaster Sc 182. Nettleton MS 214. North Augusta Sc 183. New Augusta MS 215. Pendleton Sc 184. Pickens MS 216. Simpsonville Sc 185. Plantersville MS 217. Spartanburg Sc 186. Rolling Fork MS 218. Sumter SC 187. Sidon MS 219. Walterboro SC 188. Sledge MS 220. West Pelzer Sc 189. State Line MS 221. Williamston SC 190. Sumner MS 222. Yemassee SC 191. Tutwiler MS 223. Desoto TX 192. Walnut MS 224. Duncanville TX 193. Walnut Grove MS 225. Lufkin U 194. Weir MS 226. Waxahachie TX 195. Wesson MS 227. Clark County WA 196. Fort Lee Borough NJ 228. Mill Creek WA 197. Mesilla NM 229. Pierce County WA 198. Santa Fe NM 230. Tacoma WA 199. Ithaca I NY 231. Lincoln County WV 200. Westchester County NY 232. Ohio County WV Note: Hawaii, Maine, Michigan, and Washington State law prohibit smoking in outdoor dining and bar patios, as does the Commonwealth of Puerto Rico. Municipalities with Smokefree Outdoor Dining Laws Enacted as of April 4, 2016 This list includes those municipalities that have enacted laws for 100% smokefree outdoor dining. The list does not include those municipalities that have restricted smoking to certain parts or percentages of outdoor dining areas. For more information about clean outdoor air, visit our smokefree outdoor resource page. 1. Klawock AK 3. Bessemer AL 2. Petersburg AK 4. Clay AL Page 3 of 7 5. Creola AL 56. Loma Linda CA 6. Fultondale AL 57. Los Angeles CA 7. Gadsden AL 58. Los Gatos CA 8. Homewood AL 59. Malibu CA 9. Monroeville AL 60. Mammoth Lakes CA 10. Troy AL 61. Manhattan Beach CA 11. Vestavia Hills AL 62. Marin County CA 12. El Dorado AR 63. Martinez CA 13. Agoura Hills CA 64. Mill Valley CA 14. Alameda CA 65. Monterey Park CA 15. Alameda County CA 66. Moorpark CA 16. Albany CA 67. Morgan Hill CA 17. Arcata CA 68. Morro Bay CA 18. Baldwin Park CA 69. Mountain View CA 19. Belmont CA 70. Murrieta CA 20. Berkeley CA 71. National City CA 21. Blue Lake CA 72. Newark CA 22, Calabasas CA 73. Novato CA 23. Calexico CA 74. Oakland CA 24. Camarillo CA 75. Oakley CA 25. Campbell CA 76. Ojai CA 26. Carlsbad CA 77. Palm Desert CA 27. Carpinteria CA 78. Palo Alto CA 28. Carson CA 79. Paradise CA 29. Chula Vista CA 80. Pasadena CA 30. Compton CA 81. Petaluma CA 31. Contra Costa County CA 82. Piedmont CA 32, Corte Madera CA 83. Pinole CA 33. Culver City CA 84. Pleasanton CA 34. Cupertino CA 85. Rancho Cordova CA 35. Daly City CA 86. Reedley CA 36. Davis CA 87. Richmond CA 37. Del Mar CA 88. Rohnert Park CA 38. Dublin CA 89. Ross CA 39. El Cajon CA 90. San Anselmo CA 40. El Cerrito CA 91. San Fernando CA 41. Emeryville CA 92. San Francisco CA 42. Encinitas CA 93. San Jose CA 43. Eureka CA 94. San Leandro CA 44. Fairfax CA 95. San Luis Obispo CA 45. Fremont CA 96. San Mateo CA 46. Hayward CA 97. San Rafael CA 47. Hemet CA 98. San Ramon CA 48. Hermosa Beach CA 99. Santa Barbara County CA 49, Huntington Park CA 100. Santa Clara County CA 50. La Canada Flintridge CA 101. Santa Monica CA 51. Lafayette CA 102. Santa Rosa CA 52. Laguna Hills CA 103. Sausalito CA 53. Laguna Woods CA 104. Sebastopol CA 54. Larkspur CA 105. Sierra Madre CA 55. Livermore CA 106. Solana Beach CA Page 4 of 7 107. Sonoma County CA 158. Palatine IL 108. South Pasadena CA 159. Riverside IL 109. Temple City CA 160. Schaumburg IL 110. Tiburon CA 161. Westchester IL 111. Tuolumne County CA 162. Wheaton IL 112. Union City CA 163. Crown Point IN 113. Ventura CA 164. Elkhart IN 114. Walnut Creek CA 165. Franklin IN 115. West Hollywood CA 166. Greenwood IN 116. Windsor CA 167. Valparaiso IN 117. Arvada CO 168. Hesston KS 118. Avon CO 169. Manhattan KS 119. Boulder CO 170. Mission KS 120. Eagle County CO 171. Ashland KY 121. Edgewater CO 172. Owensboro KY 122, Firestone CO 173. Somerset KY 123. Fort Collins CO 174. Abbeville LA 124. Louisville CO 175. Alexandria LA 125. Steamboat Springs CO 176. Cheneyville LA 126. Superior CO 177. Monroe LA 127. Timnath CO 178. Ouachita Parish LA 128. Berkeley Lake GA 179. West Monroe LA 129. Chatham County GA 180. Woodworth LA 130. DeKalb County GA 181. Adams MA 131. Douglas GA 182. Amherst MA 132. Pooler GA 183. Andover MA 133. Tift County GA 184. Aquinnah MA 134. Tifton GA 185. Arlington MA 135. Valdosta GA 186. Belmont MA 136. Hawaii County HI 187. Billerica MA 137. Glenwood IA 188. Bolton MA 138. Arlington Heights IL 189. Boston MA 139. Barrington IL 190. Bourne MA 140. Buffalo Grove IL 191. Buckland MA 141. Burr Ridge IL 192. Cambridge MA 142. Deerfield IL 193. Charlemont MA 143. DeKalb IL 194. Chilmark MA 144. Evanston IL 195. Cohasset MA 145. Hanover Park IL 196. Dartmouth MA 146. Hawthorn Woods IL 197. Deerfield MA 147. Highland Park IL 198. Easthampton MA 148. Hinsdale IL 199. Edgartown MA 149. Hoffman Estates IL 200. Essex MA 150. La Grange IL 201. Gill MA 151. Lake Bluff IL 202. Grafton MA 152. Lake Forest It. 203. Granby MA 153. Libertyville IL 204. Greenfield MA 154. Lincolnshire IL 205. Hamilton MA 155. Lindenhurst IL 206. Hatfield MA 156. Long Grove IL 207. Hingham MA 157. Northbrook IL 208. Hudson MA Page 5 of 7 209. Lee MA 260. Baldwyn MS 210. Lenox MA 261. Bassfield MS 211. Leominster MA 262. Beulah MS 212. Leverett MA 263. Booneville MS 213. Lexington MA 264. Brandon MS 214. Lynn MA 265. Bruce MS 215. Marion MA 266. Calhoun City MS 216. Marlborough MA 267. Centreville MS 217. Medfield MA 268. Coahoma County MS 218. Medford MA 269. Courtland MS 219. Medway MA 270. Crawford MS 220. Methuen MA 271. Crystal Springs MS 221. Milton MA 272. Duck Hill MS 222. Montague MA 273. Duncan MS 223. Natick MA 274. Durant MS 224. Needham MA 275. Ethel MS 225. New Bedford MA 276. Farmington MS 226. Newburyport MA 277. Fayette MS 227. North Andover MA 278. Flora MS 228. North Reading MA 279. Forest MS 229. Northampton MA 280. Friars Point MS 230. Northborough MA 281. Georgetown MS 231. Oak Bluffs MA 282. Greenwood MS 232. Orange MA 283. Hernando MS 233. Pittsfield MA 284. Indianola MS 234. Plymouth MA 285. Isola MS 235. Provincetown MA 286. Itta Bane MS 236. Rockport MA 287. luka MS 237. Saugus MA 288. Jackson MS 238. Shelburne MA 289. Jonestown MS 239. Sherborn MA 290. Louisville MS 240. Somerville MA 291. Lumberton MS 241. South Hadley MA 292. Madison MS 242. Stockbridge MA 293. Magee MS 243. Sunderland MA 294. Mendenhall MS 244. Sutton MA 295. Meridian MS 245. Tisbury MA 296. Monticello MS 246. Tyngsborough MA 297. Moorhead MS 247. Watertown MA 298. Nettleton MS 248. Wayland MA 299. New Augusta MS 249. Whately MA 300. Picayune MS 250. Williamstown MA 301. Pickens MS 251. Winthrop MA 302. Pittsboro MS 252. La Plata MD 303. Plantersville MS 253. Portland ME 304. Poplarville MS 254. Austin MN 305. Prentiss MS 255. Hutchinson MN 306. Rolling Fork MS 256. Olmsted County MN 307. Sidon MS 257. Amory MS 308. Sledge MS 258. Anguilla MS 309. Starkville MS 259. Arcola MS 1 310. State Line MS Page 6 of 7 311. Sumner MS 350. Williamston SC 312. Sumrall MS 351. Yemassee SC 313. Tupelo MS 352. Alton TX 314. Tutwiler MS 353. Bonham TX 315. Walnut MS 354. Brownsville TX 316. Walnut Grove MS 355. Conroe TX 317. Weir MS 356. Desoto TX 318. Wesson MS 357. Duncanville TX 319. Woodville MS 358. Highland Village TX 320. Bismarck ND 359. League City TX 321. Grand Forks ND 360. Lufkin TX 322. Walhalla ND 361. Nacogdoches TX 323. Fort Lee Borough NJ 362. Paris TX 324. Mesilla NM 363. Waxahachie TX 325. Roswell NM 364. West Lake Hills TX 326. Santa Fe NM 365. Clark County WA 327. Ithaca NY 366. Mill Creek WA 328. Nassau County NY 367. Pierce County WA 329. Westchester County NY 368. Tacoma WA 330. Philadelphia PA 369. Barbour County WV 331. Aiken County Sc 370. Berkeley County WV 332. Beaufort Sc 371. Boone County WV 333. Colleton County Sc 372. Brooke County WV 334. Duncan Sc 373. Cabell County WV 335. Easley Sc 374. Fayette County WV 336. Estill SC 375. Grant County WV 337. Greenville SC 376. Greenbrier County WV 338, Hampton SC 377. Hampshire County WV 339. Hartsville SC 378. Hancock County WV 340. Hollywood SC 379. Kanawha County WV 341. Inman SC 380. Lincoln County WV 342. Lancaster SC 381. Logan County WV 343. North Augusta Sc 382. Marshall County WV 344. Pendleton SC 383. Mineral County WV 345. Simpsonville Sc 384. Mingo County WV 346. Spartanburg SC 385. Ohio County WV 347. Sumter SC 386. Raleigh County WV 348. Walterboro SC 387. Wayne County WV 349. West Pelzer SC 388. Webster County WV Note: Iowa State law prohibits smoking in outdoor dining areas. If you know of a smokefree outdoor dining law that is not currently listed here, please contact ANRF at (510) 841-3032 or anr(a no-smoke.ora. May be reprinted with appropriate credit to the American Nonsmokers'Rights Foundation. ©Copyright 1998-2016 American Nonsmokers' Rights Foundation. All rights reserved. [LS-33] Page 7 of 7 Valley cities get failing grades for anti -smoking rules ORBarrett Newkirk, The Desert Sun 5:26 p.m. PST February 5, 2016 Most of the Coachella Valley is failing in terms of efforts to protect citizens from exposure to tobacco smoke, according to a new report from the American Lung Association. Six of the valley's nine cities received failing grades in the association's latest annual report evaluating cities and the state on policies that promote smokefree air, reduce tobacco sales and other factors. Palm Desert's C grade made it the best in the valley. Desert Hot Springs and Coachella scored Ds, and the others were all Fs. No city in Riverside County received an A, but a few earned Bs. Palm Desert did comparatively well primarily because an ordinance city leaders passed in 2009 aiming to reduce people's exposure to second-hand smoke in shared spaces. The rules forbid smoking within 20 feet of the main entrance of businesses and requires restaurants that allow smoking in outdoor areas to move those areas at least 20 feet from their main entrance. At the time, business owners decried the rule change. But over the intervening seven years, Palm Desert's Director of Community Development Ryan Stendell said, "We haven't heard a peep." "It was controversial," Stendell said. "But the good news is that it (has) benefited our community with little backlash." No other valley city appears to have followed Palm Desert's lead. Palm Springs and Indio, for example, ban smoking in many places where people gather together but don't have the same rules about outdoor smoking as Palm Desert. The American Lung Association gave California an F for its statewide tobacco laws, including an 87 cents per pack cigarette tax that's been unchanged since 1998. A group of anti-smoking advocates that includes the American Lung Association in California is hoping voters will get to decide in November whether to raise the tobacco tax by $2. A major anti-smoking push is still alive in Sacramento But across California, 82 local municipalities adopted tobacco ordinances in 2015 that helped boost their grade. They include Hemet, which raised its score from a D to a B through a smokefree outdoor air policy. Other B grades in Riverside County were for the cities of Murrieta and Temecula. The county received a C for its tobacco rules for unincorporated communities. The American Lung Association used its report to raise awareness of flavored tobacco products, which largely appeal to young people. Only a few California cities have passed rules regulating their sales. According to the association, more than 16,000 kids in California start smoking each year and tobacco remains the most preventable cause of death in the state. Health and wellness reporter Barrett Newkirk can be reached at (760)778-4767, barrett.newkirk@desertsun.com oron Twitter @barrettnewkirk.