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HomeMy WebLinkAbout08/20/1998 BAKERSFIELD Jacquie Sullivan, Chair Irma Carson Patricia J. DeMond Staff: Trudy Slater AGENDA LEGISLATIVE AND LITIGATION COMMITTEE Thursday, August 20, 1998 4:00 p.m. City Manager's Conference Room Second Floor - City Hall, Suite 201 1501 Truxtun Avenue Bakersfield, CA 1. ROLL CALL 2. APPROVAL OF JUNE 18, 1998 MINUTES 3. PRESENTATIONS 4. PUBLIC STATEMENTS 5. DEFERRED BUSINESS None 6. NEW BUSINESS A. LEAGUE VOTING DELEGATE AND ALTERNATE TO ANNUAL CONFERENCE B. CLEANUP LEGISLATION: HOUSE NUMBER CURB PAINTING; SEISMIC SURVEY ACTIVITIES; AND PARADES C. TOBACCO FREE COALITION REQUEST REGARDING SELF-SERVE TOBACCO DISPLAYS 7. ADJOURNMENT TS:jp FDLE cgPY DRAFT BAKERSFIELD S Irma Carson Patricia DeMond AGENDA SUMMARY REPORT LEGISLATIVE AND LITIGATION COMMITTEE Regular Meeting Thursday, June 18, 1998 4:00 p.m. City Manager's Conference Room 1. ROLL CALL Called to order at 4:15 p.m. Members present: Councilmember Jacquie Sullivan, Chair Councilmember Irma Carson Councilmember Patricia DeMond 2. APPROVAL OF April 16, 1998 MEETING MINUTES Approved as submitted. 3. PRESENTATIONS None 4. PUBLIC STATEMENTS None DRAFT' Agenda Summary Report Legislative and Litigation Committee June 18, 1998 Page -2- 5. DEFERRED BUSINESS A. MASSAGE PARLOR ORDINANCE Lt. Melvin Scott, Bakersfield Police Department, touched briefly on background information relating to the Police Department's June 8, 1998 memo regarding its opposition to changing the current massage parlor ordinance to allow out-call massage. The department conducted a survey of other cities and found, as it is a new area, there is not enough data to quantify pros and cons. Mobile massage would make it very hard to regulate client appointment dates, times, and locations. The existing ordinance allows on-site inspections, which is an issue of concern with out-call massage. Councilmember Carson indicated her concern was to draft an ordinance that would be stringent enough to allow open-view mobile neck massage only in businesses with more than one person only during business hours, not at a home or at a party, licensed and allowed on a case by case basis as in Fresno, after undergoing stringent investigation. She further indicated that to her this was an issue of fairness in employment to people who perform neck massage and also the right for a person to have a legitimate business that can be monitored. In response to a question from Councilmember Carson, Chief Assistant City Attorney Bob Sherfy responded that the City can regulate this type of business without running afoul of equal protection issues. Councilmember Sullivan stated that although she fully supports business promotion and free enterprise, she felt the City's ordinance should remain strong with definitive guidelines. She strongly supports the Police Department's stand on the issue. Councilmember DeMond indicated that of concern was the mobility "floating" issue. She indicated she would not support an ordinance change on a case by case basis. It has taken time for professional massage to develop within the City, and she was concerned that nothing disrupt the base industry and the good provisions the City now has. She further stated that as neck massage grows, other survey guidelines may develop, as well as a comfort level that currently does not exist. DRAFT Agenda Summary Report Legislative and Litigation Committee June 18, 1998 Page -3- Councilmember Carson suggested monitoring controls could be developed regarding open view, business operation, and call logging. Christi Doll stated she had received the meeting notice and that she wanted an out- call license in order to do chair massage in businesses to fully clothed individuals in public view. Harry Angell; _friend of Ms. Doll, asked a number of questions regarding a handout he had provided the Committee on adult entertainers and stated his feelings on the subject. Steven Doll, son of Christi Doll, had questions on various regulations. Councilmember DeMond made a motion to deny the request that the Committee review and change the City's massage ordinance to allow out-call massage at this time. Councilmember Sullivan seconded. Councilmember Carson opposed the motion. Staff will draft committee majority and minority reports. I- 6. NEW BUSINESS None 7. ADJOURNMENT The meeting adjourned at 4:55 p.m. Staff Attendees: Administrative Analyst Trudy Slater; Chief Assistant City Attorney Bob Sherfy; Deputy City Attorney Virginia Gennaro; Police Lieutenant Melvin Scott Other Attendees: Christi Doll; Steven Doll; Harry Angell; Drew Sugars, Channel 17; Lisa Friedman, Bakersfield Californian (P:\L&L\L980618.MIN) July 17, 1998 To: The Honorable Mayor and City Council From: Ronald Bates, League President, Mayor, Los Alamitos Re: Designation of Voting Delegate for League Annual Conference This year's League Annual Conference is scheduled for Friday, October 2, through Sunday, October 4, 1998 in Long Beach. One very important aspect of the Annual Conference is the Annual Business Meeting when the membership takes action on conference resolutions. Annual Conference resolutions guide cities and the League in our efforts to improve the quality, responsiveness and vitality of local government in California. It is important that all cities be represented at the Annual Business Meeting on Saturday, October 3, at 1:30 p.m. at the Long Beach Convention Center. To expedite the conduct of business at this important policy-making meeting, each city council should designate a voting representative and an alternate who will be present at the Annual Business Meeting. League bylaws provide that each city is entitled to one vote in matters affecting municipal or League policy. A voting card will be given to the city official designated by the city council on the enclosed "Voting Delegate Form." If the mayor or a member of the city council is in attendance at the Conference, it is expected that one of these officials will be designated as the voting delegate. However, if the city council will not have a registered delegate at the Conference but will be represented by other city officials, one of these officials should be designated the voting delegate or alternate. Please complete and return the enclosed "Voting Delegate Form" to the Sacramento office of the League at the earliest possible time (not later than Friday, September 18, 1998), so that proper records may be established for the Conference. The voting delegate may pick up the city's voting card at the designated Voting Card Table located in the League Registration Area. The voting procedures to be followed at this Conference are printed on the reverse side of this memo. Your help in returning the attached "Voting Delegate Form" as soon as possible is appreciated. If you have any questions, please call Lorraine Okabe at 916/658-8236. League of California Cities Annual Conference Voting Procedures 1. Each member city has a right to cast one vote on matters pertaining to League policy. 2. To cast the city's vote a city official must have in his or her possession the city's voting card and be registered with the Credentials Committee. 3. Prior to the Annual Conference, each city should designate a voting delegate and an altemate and return the Voting Delegate Form to the League for use by the Credentials Committee. 4. The voting delegate or alternate may pick up the city's voting card at the Annual Conference registration area. 5. Free exchange of the voting card between the voting delegate and alternate is permitted. 6. If neither the voting delegate nor alternate is able to attend the Annual Business Meeting, the voting delegate or alternate may pass the voting card to another official fi.om the same city by appearing in person before a representative of the Credentials Committee to make the exchange. Prior to the Annual Business Meeting, exchanges may be made at the Annual Conference registration area. At the Annual Business Meeting, exchanges may be made at the voting card table located in the front of the meeting room. Exchanges may not be made while a mil call vote is in progress because the Credentials Committee will be conducting the roll call. 7. Qualification of an initiative resolution is judged in part by the validity of signatures. Only the signatures of city officials, who, according to the records of the Credentials Committee, are authorized to use the". city's voting card and who have left a sample of their signature on the Credentials Committee register will be approved. 8. In case of dispute, the Credentials Committee will determine the right of a city official to vote at the Annual Business Meeting. G:\policy\acres\voteprox.doc NISTRATIVE REPORT ADMI I MEETING DATE: June 24, 1998 AGENDA SECTION: Consent Calendar' ITEM: 8. c. TO: Honorable Mayor and City Councilmembers APPROVED FROM: Judy K. Skousen, City Attorney DEPARTMENT HEAD '~ DATE: June 4, 1998 'CITY ATTORNEY ~-~ CITY MANAGER, _(~_~ ~" SUBJECT: Clean-Up Legislation -- Three (3) Ordinances Amending the Bakersfield Municipal Code: Chapter 5.28 -- House Number Curb Painting; Chapter 5.58 ~ Seismic Survey Activities; and Chapter 10.76 -- Parades RECOMMENDATION: ' Staff recommends referral to Legislative and Litigation Committee. .,ACKGROUND: From time to time staff finds provisions in the Bakersfield Munidpal Code which are inconsistent with State or Federal Law or inconsistent with the actual practices of the City, or simply need to be streamlined or updated. The City Attorney's Office has instituted a new procedure wherein we will bring to the attention of the City Council the simple clean-up ordinances for adoption. Both Title 5 amendments have been reviewed by the Public Works Department and meet with their satisfaction. The Title 10 amendments have been reviewed by the Police Department and meet with their satisfaction. 1. Chapter 5.28 (House Number Curb Painting) -- is proposed to be amended to follow the format set for all business permit ordinances. The only substantive changes are as follows: a. The Violation/Penalty provision has been deleted in favor of the General Penalty Provision of Chapter 1.40; b. All regulations governing this activity have been consolidated into one subsection (5.28.040); c. The proposed amendments will modify the requirement that daily reports be made to the Public Works Department designating the location of all house numbers painted to a weekly reporting requirement, designating the location and the date painted (to assure standardized lettering, quality of paint, etc.); and d. The standard Business License "Revocation" and "Appeal" provisions have been added. 2. Chapter 5.58 (Seismic Survey Activities) -- is proposed to be amended to follow the format set for all business permit ordinances. The only substantive changes are as follows: a. The permit is no longer required to be posted on all seismic survey equipment; JN24CA.NB June 4, 1998, 11:05AM ADMINISTRATIVE REPORT Page 2 b. The definition of "manager" to be the Public Works Manager has been deleted; c. The Violation/Penalty provision has been deleted in favor of the General Penalty Provision of Chapter 1.40; d. The provision holding the permit valid for any pedod not to exceed twenty (20) days has been modified to hold the permit(s) valid only as to the dates and times listed on the permit, unless earlier suspended or revoked; and e. The standard Business License "Revocation" and "Appeal" provisions have been added.' 3. Chapter 10.76 (Parades) -- is proposed to be amended to follow the format set for all business permit ordinances. The only substantive changes are as folloWs: a. The definition of "Person" has been expanded to include an "organization"; b. Subsection (c) has been added to 10.76.010 "Definitions" to define the "'l'mffic Authority" (the City official responsible for issuance of the parade permit) to mean the chief of police or his/her designee; c. Amended the application process (10.76.030) to require that applications for permits shall be submitted no less than two (2) working days pdor to the event. The present ordinance requires submission "not less than forty-eight hours= which arguably includes weekends, public holidays, and other circumstances under which City offices might not be open to the public; d. Amended to require an estimated completion time, the location of the assembly and disbanding areas, and a description of sound amplification equipment to be used. e. Amended to require the traffic authority to issue a parade permit conditioned upon the applicant's agreement to comply with all terms of the permit and added the requirements that: (1) The application be complete and truthful; (2) The parade will be conducted in accordance with all laws of the City and the state; (3) The applicant has not had a permit previously revoked unless the City Manager finds that the reasons for the revocation are unrelated to the application; (4) The parade will not constitute an unreasonable burden on City employees or resources, nor create an unreasonable disturbance to the neighboring areas; (5) The parade will move from its starting point to its finish line expeditiously; and (6) The parade will not interfere or conflict with another parade or special event for which a permit has been issued or for which no permit is required. f. The amended ordinance consolidates all regulations to require that one official of the applicant will be in charge of and responsible for the parade. Also requires the applicant to hold harmless and indemnify the City for all claims and damages which may arise due to the applicant's activities under the terms of the permit. g. Added the standard Business License "Revocation," "Appeal," and "Severability" provisions. ~ KSWIGA~bsb S:~COIJNCIL~ADMIN. RPT~CLEANUPg. ORD.wpd JN24CA.NB June 4, 1998, 11:05AM ORDINANCE NO. AN ORDINANCE OF THE COUNCIL OF THE CITY OF BAKERSFIELD AMENDING CHAPTER 5.58 OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO SEISMIC SURVEY ACTIVITIES. BE IT ORDAINED by the Council of the City of Bakersfield as follows: SECTION 1. Chapter 5.58 of the Bakersfield Municipal Code is hereby amended to read as follows: Chapter 5.58 SEISMIC SURVEY ACTIVITIES Sections: 5.58.010 Definitions. 5.58.020 Permit required. 5.58.030 Application w Issuance -- Fee. 5.58.040 Regulations. 5.58.050 Revocation. 5.58.060 Appeal. 5.58.010 Definitions. Whenever used in this chapter, unless a different meaning clearly appears from the context, the words set out in this section shall have the following meanings: A. "Person" means any individual, partnership, corporation or association of any nature whatsoever. B. "Seismic survey activity" means any activity where, for any consideration whatsoever, shock waves, _sound waves, or vibrations are generated for the purpose of surveying, mapping, identifying, classifying or otherwise distinguishing subsurface characteristics indicative of the presence or absence of hydrocarbon substances, including, but not limited to, oil and natural gas. C. "Source equipment" means the equipment from which vibrations emanate during seismic survey activities. 5.58.020 Permit required. No person shall operate, maintain or conduct seismic survey activities in the city in violation of this chapter, or without having a valid permit therefor in accordance with the provisions of this chapter. A separate permit shall be required for each set of source equipment to be used to conduct a seismic survey. 5.58.030 Application -- Issuance -- Fee. A. Applications for permits under this section shall be made on forms to be furnished by the city manager or his designee, shall be submitted no less than thirty days prior to commencement of the survey, shall be signed under penalty of perjury by the applicant and shall require the following information: 1. The name, mailing address, title, telephone number, business name and business address of the applicant; 2. Prior seismic survey permits held by the applicant and whether such permits were ever revoked or suspended and the reason therefor; 3. The site or mute and along which the seismic survey activity is to be conducted, and the period during which the activity will be conducted; 4. The business tax certificate number of the business. B. The application shall be accompanied by the following: 1. A map on a scale not less than one inch for one thousand feet, showing the location or locations or mutes at or along which such activities are to be conducted, and specifying the name of the owner and, if occupied, the occupant of each such location or property along such mute; 2. A detailed description of the method of seismic surveying to be utilized, satisfactory to the city manager or his designee, specifying vibration levels and estimated distances from the source equipment within which noise or vibrations from such activities may be detected by residents and others; 3. A map or maps showing the addresses of all lots or parcels of real property within one thousand feet from each testing site or along each testing route, the names of owners of such properties as shown on the latest equalized assessment roll of the county and a declaration and agreement that not less than five days prior to conducting any seismic survey activity the applicant shall mail, first class, postage prepaid, to each such owner, or deliver to each residence within such radius in a sealed envelope marked "Notice of Seismic Survey Activities" and enclosed in a clear plastic jacket looped over the door handle of the outer door of each residence, a statement describing the nature of the seismic survey activity to be conducted, the location or locations nearest such property where such activity will be conducted, and the name and telephone number of a representative of the applicant who may be contacted for further information for from three days prior to the date such activities are to commence until at least the third day after such activities are to be concluded; Page 2 of 5 Pages -- 4. Proof of public liability insurance, satisfactory to the city manager or the risk manager; 5. Security, acceptable to the city manager or his designee, in an amount set by the city manager or his designee, assuring that the applicant will repair to satisfaction of the city manager or his designee any damages resulting from applicant's seismic survey activities; 6. An indemnification and hold harmless agreement, satisfactory to the city attorney. C. The city manager or his designee shall, in his discretion, issue a permit if he finds: 1. That the application is complete and truthful; 2. The business for which the application is made will be maintained and conducted in accordance with all laws of the city and the state; 3. That a valid business tax certificate has been issued for this business; 4. That no permit issued to the same business or the same owner pursuant to this section has been revoked in the past three years, unless the city manager or his designee finds that the reasons for such revocation are unrelated to this application; 5. That the location of the seismic survey activities will not violate the regulations set forth in section 5.58.040, below; 6. That the seismic survey activities will not constitute a hazard to life or nearby property, nor constitute a nuisance to neighboring property-owners; 7. That the applicant has sufficient insurance. D. All permits issued under this chapter shall be valid only as to the dates and times listed on the permit, unless earlier suspended or revoked. E. The applicant shall pay a fee not to exceed the cost of processing any such application and inspecting such activity as set forth in section 3.70.040. F. Permits may be issued with conditions to ensure that the activity will be operated in a safe and legal manner, will not disturb the peace and quiet of the neighborhood and will not constitute an undue burden on city resources. 5.58.040 Regulations. A. No seismic survey activities may be conducted within three hundred feet of any water well or within one hundred feet of any surface structure, of any irrigation facilities, or of pipes determined by the city manager or his designee to be of poor structural quality. To the extent the latter are disclosed by the inspection of infrastructure preceding the seismic survey activity, information thereon shall be provided applicant at his request. B. No seismic survey activity shall be conducted until the advance notice specified in section 5.58.030(B)(3) has been given; nor shall any such activity be conducted except between seven a.m. and seven p.m. Monday through Friday. No such activity shall be conducted on any national holiday. Page 3 of 5 Pages -- 5.58.050 Revocation. Any permit issued pursuant to this chapter shall be immediately revoked by the city manager or his designee whenever he finds: A. That misrepresentations were made on the application; or B. That the applicant has been convicted of a crime substantially related to the qualifications, functions or duties of the business for which application is made, unless he has obtained a certificate of rehabilitation; or C. That the applicant has done any act involving dishonesty, fraud or deceit with the intent to substantially benefit himself or another, or substantially injure another; or D. That any of the terms or conditions of said permit have been violatedl or that the business has been operated in violation of local, state or federal law. 5.58.060 Appeal. A. Should any applicant be dissatisfied with the decision of the city manager or his designee not to grant a permit or revoking a permit, then said applicant may, no later than ten days after notice of such decision is deposited in the United States mail, addressed to the applicant or permittee at the address provided on the application, make written objection to the city council setting forth the grounds for dissatisfaction, whereupon the council shall hear said objections at a regular meeting no later than three weeks following the filing of the objection with the city clerk. The applicant shall be given written notice no less than three days prior to said hearing. The council may, upon said hearing, sustain, suspend or overrule the decision of the city manager or his designee, which decision shall be final and conclusive. B. Pending the hearing before the council, the decision of the city manager or his designee shall remain in full force and effect and any reversal thereof by the city council shall not be retroactive but shall take effect as of the date of the council's decision. SECTION 2. This Ordinance shall be posted in accordance with provisions of the Bakersfield Municipal Code and shall become effective thirty (30) days from and after the date of its passage. ,o0o, -- Page 4 of 5 Pages --- ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 5.28 OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO HOUSE NUMBER CURB PAINTING. BE IT ORDAINED by the Council of the City of Bakersfield as follows: SECTION 1. Chapter 5.28 of the Bakersfield Municipal Code is hereby amended to read as follows: Chapter 5.28 HOUSE NUMBER CURB PAINTING. Sections: 5.28.010 Definitions. 5.28.020 Permit required. 5.28.030 Application -- Issuance B Fee. 5.28.040 Regulations. 5.28.050 Revocation. 5.28.060 Appeal. 5.28.010 Definitions. Whenever used in this chapter, unless a different meaning clearly appears from the context, the words set out in this section shall have the following meanings: A. "Person" means any individual, partnership, corporation or association of any nature whatsoever. 5.28.020 Permit required. It is unlawful for any person to conduct or carry on the business of painting house numbers on curbs within the city in violation of this chapter or without having a valid permit therefor in accordance with the provisions of this chapter. 5.28.030 Application B Issuance -- Fee. A. Applications for permits under this section shall be made on forms to be furnished by the city manager or his designee, shall be submitted no less than thirty days prior to commencement of business, shall be signed under penalty of perjury by the applicant and shall require the following information: Page I of 4 Pages 1. The name, mailing address, title, telephone number, previously used names, date of birth, sex, height, weight, eye color, hair color, driver's license number, and social security number of the applicant and of all persons who will be employed by the business; 2. The name, mailing address and location of the business; 3. The business tax certificate number of the business; and 4. Prior permits held and whether such permits were ever revoked or suspended, and the reasons therefor. B. The city manager or designee shall, in his or her discretion, issue a permit if he or she finds: 1. That the application is complete and truthful; 2. That neither the applicant nor any employee of the business has done any act involving dishonesty, fraud or deceit with the intent to substantially benefit himself or another, or substantially injure another; 3. The business for which the application is made will be conducted in accordance with all laws of the city and the state; 4. That a valid business tax certificate has been issued for this business; 5. That no permit issued to the same business or the same owner pursuant to this section has been revoked in the past three years, unless the city manager or designee finds that the reasons for such revocation are unrelated to this application. C. Such permit may be issued with conditions to ensure the operation of the business in such lawful and peaceful manner. D. The applicant shall pay a fee not to exceed the cost of processing any such application and inspecting such business as set forth in Chapter 3.70. 5.28.040 Regulations. A. The numbering to be painted shall conform to city specifications as to size and form, and the quality of paint to be used, as determined by the public works department of the city. B. The permitholder shall submit weekly reports to the public works department designating the location of all house numbers painted under this chapter during the preceding week, designating the location and date. C. Any permit issued pursuant to this chapter shall be non-transferrable, and shall be valid only as to the permitholder provided on the application for such permit. D. No person shall represent or hold himself or itself out as representing the city or any department thereof, nor shall any person advertise or circulate literature for the work of painting house numbers on curbs within the city under the pretense or claim that the painting of house numbers on curbs is required by any ordinance or law of any governmental agency. E. No permittee or person shall paint any house numbers on curbs without the prior consent of the owner or occupant of the property of which the curb is a part. F. Any owner or occupant of property desiring to paint his house number on the curb immediately adjacent to his property need not secure a permit or license therefor as provided in this chapter; provided, however, the owner or occupant shall conform to city specifications, size and form of numbering to be painted and the quality of paint to be used as may be determined by the public works department of the city. -- Page 2 of 4 Pages -- 5.28.050 Revocation. Any permit issued pursuant to this chapter shall be immediately revoked by the city manager or designee whenever he or she finds: A. That misrepresentations were made on the application; or B. That the owner or any employee has been convicted of a crime substantially related to the qualifications, functions or duties of the business for which application is made, unless he has obtained a certificate of rehabilitation; or C. That the owner or any employee has done any act involving dishonesty, fraud or deceit with the intent to substantially benefit himself or another, or substantially injure another; or D. That any of the terms or conditions of said permit have been violated, or that the business has been operated in violation of local, state or federal law. 5.28.060 Appeal. A. Should any applicant be dissatisfied with the decision of the city manager or designee not to grant a permit or for the revocation of a permit, then said applicant may, no later than ten days after notice of such decision is deposited in the United States mail, addressed to the applicant or permittee at the address provided on the application, make written objection to the city council setting forth the grounds for dissatisfaction, whereupon the council shall hear said objections at a regular meeting no later than three weeks following the filing of the objection with the city clerk. The applicant shall be given written notice no less than three days prior to said hearing. The council may, upon said hearing, sustain, suspend or overrule the decision of the city manager or his designee, which decision shall be final and conclusive. B. Pending the hearing before the council, the decision of the city manager or his designee shall remain in full force and effect and any reversal thereof by the city council shall not be retroactive but shall take effect as of the date of the council's decision. SECTION 2. This Ordinance shall be posted in accordance with provisions of the Bakersfield Municipal Code and shall become effective thirty (30) days from and after the date of its passage. ,O00 .......... III III III Page 3 of 4 Pages ORDINANCE NO. AN ORDINANCE OF THE COUNCIL OF THE CITY OF BAKERSFIELD AMENDING CHAPTER 10.76 OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO PARADES. BE IT ORDAINED by the Council of the City of Bakersfield as follows: SECTION 1. Chapter 10.76 of the Bakersfield Municipal Code is hereby amended to read as follows: Chapter 10.76 PARADES Sections: 10.76.010 Deftnitions 10.76.020 Permit required. 10.76.030 Application -- Issuance. 10.76.040 Permit -- APplication -- Time for consideration. 10.76.050 Regulations. 10.76.060 Notification of city officials. 10.76.070 Revocation. 10.76.080 Appeal. 10.76.090 Severability. 10.76.010 Definitions. Whenever used in this chapter, unless a different meaning clearly appears from the context, the words set out in this section shall have the following meanings: A. "Parade" means any march or procession consisting of persons, animals or vehicles, or combinations thereof, except funeral processions, upon any public street, public sidewalk, public alley or other public place, which does not comply with normal and usual traffic regulation or controls. B. "Person" means any individual, partnership, corporation, o~ga~[zati~, or association of any nature whatsoever. '!!:!:iii!!!~iii!ili!iiii!:!!~i'"'::::::::"'" .: ::::::::::::::::::::::::::::::::::::: '".:;:':::~:?:' '' '"::.:':':":::':':':::::?:::::':':"":ii'::i!ii!!i::::'~':':''::''''' .':':'-':':'::::i::'"' '": :::::::::::::::::::::::::::::::::::::::::::::::::::::: --Page 1 of 5 Pages-- 10.76.020 Permit required. It is unlawful for any person to conduct a parade in or upon any public street, public sidewalk, public alley or other public place in violation of this chapter, or without having first procured and maintained a valid permit from the traffic authority. 10.76.030 Application -- Issuance. A. Applications for permits under this section shall be made on forms to be furnished by the city, shall be submitted no less than ~ii:.~0rking days prior to the event nor more than ninety days prior to the event, shall be signed under penalty of perjury by an authorized representative of the applicant organization and shall require the following information: 1. The name, mailing address, and telephone number of the organization applying for and conducting the parade and of the parade chairman; 2. The name of the parade, including names of each sponsoring or sanctioning organization; 3. The route; 4. The proposed date, starting time, ~iii~![~:ii~i~i~i:.~i~; 6. 'Proposed ......................................................................................................... number and size of the units in the parade, i~i~!~::~?,~~ 7. Prior permits held by any named organization and whether such permits were ever revoked or suspended and the reasons therefor; and 8. The business tax certificate number of the applicant organization, or letter granting tax-exempt status to the applicant organization. 6. That the parade is not being held for the sole purpose of adve~ising any products, goods, wares, merchandise or event; . Page 2 of 5 Pages-- i~.:::i::i!i!i:':.:!i!i. 91. "-~ii!'!!!'That!?~'bch!'~A~A'de::~!l.~6t inte~&:i~e Wii~i: or::~r~fli~t:.iwith,:anoth~?.~arade'~ ~cial 'event for ~hiCh..a D. All permits issued pursuant to this chapter shall be valid only as to those dates, times, and locations listed on the permit, unless earlier revoked. E. Permits may be issued with conditions to ensure that the event will be operated in a safe and legal manner. Such conditions may include, but shall not be limited to: 1. The date, starting time, and maximum length of time during which the parade may be conducted; 2. The minimum speed and maximum speed of the parade; 3. The maximum space to be maintained between the units of the parade; 4. The maximum number of units to be permitted in the parade and the maximum size of such units; 5. The route to be taken by the parade; and 6. The maximum length of the parade. 10.76.040 Permit-- Application -- Time for consideration. The traffic authority shall, not later than twenty-four hours beforethe start of the proposed parade, if such parade is to be held within eight days of the filing of the application for permit and not later than eight days after filing such application if the parade is to be held nine or more days after filing such application, issue or deny the parade permit. Denial of a permit shall be accompanied by statement of the basis for denial. 10.76.050 Regulations. A. One official ~ii~ii~!i~, designated on the application, shall be in charge of, and responsible for, the parade. B. No person shall, without the consent of the permittee, join or participate in a parade nor in any manner interfere with its orderly conduct. C. No person shall throw any advertising materials, product samples, candy, or any other item from a parade unit or line of march. D. If samples of items or candy or materials are to be given away to the crowd along the line of march, those items shall be handed to members of the crowd on the side of the line of march. 10.76.060 Notification of city officials. Immediately upon the granting of a parade permit the traffic authority shall send a copy thereof to the following: A. The city manager; -- Page 3 of 5 Pages-- B. The fire chief; C. The superintendent of transit of the city; -' D. The director of public works; E. The postmaster of the Bakersfield Post Office; F. The general manager or responsible head of each public transportation utility the regular routes of which vehicles will be affected by the route of the proposed parade. 10.76.070 Revocation. Any permit issued pursuant to this chapter may be immediately revoked by the traffic authority whenever he/she finds: A. That false or misleading statement(s) were made'on the application; or a. That the applicant has done any act ~i~ii!~i~i!i:.~ti~ involving dishonesty, fraud, or deceit with the intent to substantially benefit himself or another, or substantially injure another; or C. That the permit holder has violated any provision of this ordinance or any other applicable law; or D. That any of the terms or conditions of said permit have been violated. 10.76.080 Appeal. A. Should any applicant be dissatisfied with the decision of the traffic authority not to grant a permit or for the revocation of a permit, then said applicant may, no later than ten days after notice of such decision is deposited in the United States mail, addressed to the applicant or permittee at the address provided on the application, make written objection to the city council setting forth the grounds for dissatisfaction, whereupon the council shall hear said objections at a regular meeting no later than three weeks following the filing of the objection with the city clerk. The applicant shall be given written notice no less than three days prior to said hearing. The council may, upon said hearing, sustain, suspend, or overrule the decision of the t~':._~::.!~~, which decision shall be final and conclusive. B. Pending the hearing before the council, the decision of the traffic authority shall remain in full force and effect and any reversal thereof by the city council shall not be retroactive but shall take effect as of the date of the council's decision. Page 4 of 5 Pages-- SECTION 2. This Ordinance shall be posted in accordance with provisions of the Bakersfield Municipal Code and shall become effective thirty (30) days from and after the date of its passage. .o0o, I HEREBY CERTIFY that the foregoing Ordinance was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on by the following vote: AYES: COUNCILMEMBER CARSON, DEMOND, SMITH, MCDERMO'I-r, ROWLES, SULLIVAN, SALVAGGIO NOES: COUNClLMEMBER ABSTAIN: COUNCILMEMBER ABSENT: COUNClLMEMBER CITY CLERK and EX OFFICIO of the Council of the City of Bakersfield APPROVED: BOB PRICE, MAYOR CITY OF BAKERSFIELD APPROVED AS TO FORM: JUDY K. SKOUSEN CITY ATTORNEY By: MICHAEL G. ALLFORD Assistant City Attorney MGA\bsb S:~COUNCIL~DRD~PARADE.ORD -- May 13,~1998 -- Page 5 of 5 Pages-- emOatty June 10, 1998 Mr. Alan Tandy City Manager . 1501 Truxtun Avenue Bakersfield, CA 93301 Committed to promoting public education and to supporting public policies that will Dear Mr. Tandy: eliminate the use of tobacco products Tobacco is the number one cause of preventable death in the United States. Secondhand smoke follOws closely behind as the T~..K.'s Collaborating Partners third leading cause of preventable death. Together, smoking and passive smoking kill over 500,000 people each year. It is particularly noteworthy that for the vast majority of smokers American Cancer Society American Heart Association (90%) tobacco addiction takes place during childhood, when American Lung Association youths are highly susceptible to the negative influences Bakersfield City School District surrounding them and unconcerned about the heavy but long-term California Community Services, Inc. California State University Bakersfield impact that tobacco will take on their lives. Of the 3,000 youths Community Action Against Drug & that begin to smoke every day, one-third will die from tobacco- Alcohol Abuse related diseases. Ebony Counseling Center Foundation for Medical Care of Kern County. The recognition of the tremendous impact of tobacco on Kern Healthy Mothers Healthy Babies County has led to the formation of the Tobacco Free Coalition of Jason's Retreat John L. Digges, Pediatric/an Kern County, a group committed to reducing tobacco use and its Kern County Department of Public toll on our county. The Tobacco Free Coalition is comprised of ae~th members from the community including representatives of local Kern County Economic Opportunity Conx,ration businesses, health professions, and community organizations such ~c~a County Medi~ S~ety as the American Cancer Society, the American Heart Association, Kern County Superintendent of and the American Lung Association. We believe a comprehensive Schools rcm S~r,~c approach to preventing tobacco-related disease and death is mgic of s~ Vorrcst essential. We therefore engage in a wide variety of activities, National Health Services including providing education to youths and involving them in North Bakersfield Recreation & Park District advocacy efforts, promoting smoke-free environments, educating Pac/tic Health Education Center merchants and business owners about tobacco laws, and assisting Perinatal Outreach Progxam communities in planning and conducting local activities to address San Joaquin Community Hospital tobacco use. Together, we have a pool of knowledge and expertise Wall Wall, & Peake ',roux Drug Store on a variety of tobacco issues, and we encourage you to contact the Coalition should you need any information related to tobacco. It is our goal to quickly provide accurate information to the public and to policymakers on any tobacco-related issue that affects the health o f Kern's residents. John L. Digges, M.D., Ph.D., M.P.H. Coalition Chair TFK. c/o Kern County Department of Public Health, 1700 Flower Street, Bakersfield, CA 93305 Phone (805) 868-0327, Fax (805) 868-0263 One issue for Kern County that we would like to bring to your attention is the ease with which youths under the age of 18 can obtain cigarettes and other tobacco products, despite laws which prohibit merchants from selling tobacco to minors. A statewide survey conducted in 1997 found that nearly 22% of tobacco retailers in California were willing to illegally sell tobacco to minors. Even those conscientious merchants who will not sell to minors may inadvertently contribute to the problem by placing their products in open racks or shelves where they can easily be shoplifted. Many studies have documented that kids do not have a problem getting tobacco either through buying or stealing. A simple solution to this problem is to enact a self-service display ban. A self-service display ban would require that tobacco products be placed behind the counter or in a locked case resulting in vendor-assisted sales. Among the benefits of an ordinance banning self-service displays are: · It prevents tobacco shoplifting by minors. · It may discourage younger adolescents from attempting to purchase tobacco. · It promotes identification checking by store clerks. We urge you to consider joining Shafter and the 187 other counties and cities nationwide that have already taken this step to reduce our children's access to tobacco. Enclosed is more information on this issue. Additional materials and sample ordinances are available. We invite you to contact us if you have further questions. Sincerely, Jo L Digges, M D, Ph.D., M.P.H., Chair, Tobacco Free Coalition of Kern County Enclosures cc: B.A. Jinadu, M.D., M.P.H. Director of Public Health Services Health Officer SELF-SERVICE TOBACCO DISPLAYS How They Contribute to Youth Access to Tobacco I Teens and Retailers United to Stop l~obacco Written by: Marianne B. Wildey, MPH Project T.R.U.S.T. 9245 Sky Park Court, #221 San Diego, CA 92123 (619) 594-2999 Editorial review was gratefully received from: Nancy Bagnato Robin Hobart ..... · California Department of Health Services Americans for Nonsmokers Tobacco Control Section Hillary Clarke Rick Kropp Roswell Park Cancer Institute North Bay Health Resources center Ellen Feighery Jenness Keller ~. ~:.c:... Stanford Center for Research in North Bay Health Resources Center Disease Prevention This module was made possible by funds received from the Tobacco Tax Health Protection Act of 1988~Proposition 99, under Grant No. 92-15423 with the California Department of Health Services, Tobacco Control Section. · The California Smokers' Helpline "Quitting is Easier with Help" 1-800-7-NO BUTTS " 1-800-45-NO FUME ;' - ~ On the cover... ~~~ 1. Most supermarkets place cigarettes in 2. Customers can serve themselves to smokeless tobacco, too. 3. Does this store sell any other products besides liquor and tobacco? 4. The ultimate in self-service - a cigarette vending machine. SELF-SERVICE TOBACCO DISPLAYS How They Contribute to Youth Access to Tobacco Introduction Most food, liquor and gas retail What is the problem with Shoplifting is a establishments advertise and sell self-service tobacco tobacco products. Visit a "Mom anddisplays ? particularly Pop" market in your city and what do you see? In most neighborhoods Self-service tobacco displays may common behavior these stores are saturated with contribute to youth use of tobacco in tobacco advertisements. And the two ways. In spite of a lack of clear ainong' tobacco itself, cigarettes iud spit scientific evidence, common sense adolescents- tobacco, is displayed right out front suggests.that open display of tobacco near the cash register for customers products may promote shoplifting of especially 15-16 young and old to see, buy or steal, tobacco by youth and illegal sales of These tobacco displays, adornedtobacco toyouth, year old males. with tobacco advertisements, help frame tobacco as a legal and socially Shoplifting acceptable product. The fact is, however, that youth purchase of Cigarettes are easy to steal and tobacco is illegal and despite resell: In fact grocery retailers have extensive efforts to curb teenage reported cigarettes as the item stolen addiction, underage tobacco use is not most often.2 Overall, almost half of declining and may be on the rised teenage smokers have admitted to stealing cigarettes.3 In one study, This educational module attempts about 22% of 7th graders reported to define and address the problem of · stealing, compared to 8% of 12th how tobacco products are marketed graders? In another study, almost 1 in and sold to minors at more than a 10 teenagers reported shoplifting as million retail estabhshments their primary means of ob.~aining nationwide. Of specific concern is the cigarettes? role of self-service tobacco displays in contributi~g to youth access to and In the past few years, a trend bY thereby use of tobacco, chain stores to lock up tobacco products has been observed primarily What is a self-Service due to management concerns of shoplifting and store image. No tobacco display? longer do customers find cartons of -cigarettes stacked on store shelves. A display of tobacco products, The increases in theft may be generally packs of cigarettes or attributable to the high cost of tobacco. containers of spit tobacco, on a rack, Cigarettes prices have risen on shelf or kiosk, that the public has average about 14% annually over the access to without the assistance of a past 40 years, from 34¢ to $2.40 per store employee, pack, mostly due to manufacturer price, not tax, increases.6 garette sales Illegal Sales to Minors Where have selfZ'service Until the pioneering work by tobacco displays been ' Stanford University in 1988, little eliminated? tOminors research had been conducted in the 0 area of reducing the supply of tobacco Enactment of ordinances to remains a products to youth in order to reduce eliminate self-service tobacco their consumption of tobacco.7 displays is gaining in popularity, ' Subsequent documentation efforts relying on mounting anecdotal S{~rlOUS across the nation indicated children evidence that such bans reduce bl under 18 years of age were successful shoplifting of tobacco and sales to pro em ~ buying cigarettes over the counter minors. Ordinances which ban on average 67% of the time and 88% self-service tobacco displays have of the time from cigarette vending been successfully enacted in more machines2 than 50 cities nationwide, primarily in the states of California, Despite community efforts to Minnesota, Michigan, 'I educate retailers, cigarette sales to minors remains a serious problem? Massachusetts and New Jersey2$ Law enforcement in many This provision is often included in a more comprehensive ordinance to communities are reluctant to actively enforce sales laws,~° the most effective limit youth access to tobacco, such deterrent for reducing illegal sales,u,~2 as in conjunction with a ban on in spite of evidence that active cigarette vending machines. enforcement reduces underage use of tobacco, u.,3.,,- What have been the Self-service tobacco displays do results of self-service little to remind salesclerks and customers alike that tobacco is an age- tobacco display bans ? restricted product. Also, a self-service There is no published literature environment offers no deterrence for on the impact of self-service those underage tobacco buyers who tobacco display bans on shoplifting might be intimidated by salesclerk or illegal sales of tobacco rates from interaction. Such interaction provides the 50 plus cities with such.~n an excellent opportunity for ordinance. The program known for salesclerks to ask for and check ID of its field experience in young tobacco purchasers, implementing self-service tobacco display bans and monitoring their A solution to the problem: effects is STAMP from North Bay Health Resources Center in Prohibiting tobacco sales California. This group has cited from setf-servi_ce displays? anecdotal evidence that locking up tobacco helps reduce illegal sales to A ban on self-service sales of minors.~6 tobacco would require that all tobacco sales transactions be made with Researchers in Minnesota salesclerk assistance. All tobacco compared sales to minors rates of products would be sold from behind stores which had voluntarily eliminated self-service tobacco the sales counter or from locked cases only. / displays with stores which had not. re~trofitting costs are actually incurred The study found that stores which by retailers. Tobacco company Tobacco retailers locked up ALL tobacco (in cases or representatives generally provide behind counter) were significantly retailers suitable storage facilities, fear self-service less likely to sell cigarettes to minors complete with brand logos, at no than stores which did NOT lock up all charge, bans will increase tobacco products. Stores without self- Retailers are fearful that less construction costs service were also more likely to ask visibility of tobacco will result in for identification from the underage fewer sales. Yet given the powerfully al .d decrease buyers participating in the stud~,: addictive nature of tobacco, it is tobacco sales and When the minors' IDs were checked, unlikely that regular (adult) smokers sales were refused 96% of the time? would be influenced by promotional merchandising changes - their need What arguments against for nicotine will maintain their allowanc{~S. self-service displays bans purchasing behavior. are posed by tobacco The other reported financial loss would be from the elimination of -. -..~". :'% retailers ? lucrative fees paid for shelf space by Retailers offer two main tobacco companies. Slotting fees are arguments against a ban on self- paid to retailers to keep products in service tobacco displays: view and reach of customers. In the i.nconvenience to salesclerks and case' of tobacco, the slotting fees may financial losses. It is unclear as to offset any financial losses due to how salesclerks from small Stores shoplifting. Slotting fee amounts would be inconvenienced by havi.ng received by retailers is difficult to .. determine,a to reach behind or overhead to retrieve tobacco products for Self-service display ban customers. Larger stores such as proponents argue that slotting fees supermarkets would need a manager may be recouped, at least m part, by or other employee to get the prbducts . stocking other non-tobacco products as it would be unwise for salesclerks in those vacated prime locations. One to leave their cash registers certain economic impact of a ban on unattended, self-service tobacco displays would be ~ '" One reported financial loss would loss of state sales tax revenues and come in the form of construction costs store profits from the tobacco no to modify existing or purchase new longer sold to minors. These losses shelving for behind the counter or may be reduced if those stealing locked storage. It is uncertain that tobacco are forced to buy it. a Accurate figures of promotional allowances received by retailers are very difficult to obtain as retailers are not required to divulge their income. A crude estimate of $1500 ammally per tobacco retailer is derived by dividing the $1.5 billion in promotional allowances paid to U.S. retailers by tobacco companies Jn 1992~ by an estimated 1 million tobacco retailers. Fee amounts appear to vary depending upon size and type of store. According to 1995 public testimony by a California retail trade organization, small store owners receive $2000-$7000 per year. 3 Does the public support a advertising is perhaps a third way that self-service tobacco displays may % supported a. ha.of self-service tobacco be contributing to youth use of ban on self-· displays? tobacco. Some communities may opt to not only restrict tobacco sales, but Preventing youth from buying or advertising and promotion as well. ,.rvice displays stealing tobacco is a politically correct ' and safe platform for the public and A ban of tobacco displays may to prevent media to support. Indeed, a national help to clean up store environments survey by the Robert Wood Johnson with regards to tobacco ads. Tobacco displays often located around or on hoplifting by Foundation indicated that-the public does not believe that retailers have the sales counter at childrens' eye level would be moved to behind the minors, the right to display tobacco products sales counter or eliminated entirely. wherever they want. Seventy-eight percent supported a ban on self- But will a display ban permanently reduce tobacco advertising in stores? service displays to prevent shoplifting The answer is unknown. by minors? What is known is that tobacco Communicating such support to companies spent a record $5.2 local policy makers is essential to BILLION dollars on advertising and achieve enactment of an ordinance banning self-service tobacco displays, promotion in 1992, 84% of which was spent on store based advertising28 Store It is perhaps the children of a based expenditures include: community that can most · coupon and 'value added discounts dramatically attest to the problem · point of sale display ads with self-service displays by · promotional allowances describing the tobacco use problem (slotting fees; items for stores su'ch as among youth and the ease by which clocks and trash cans) youth can purchase or steal tobacco. · specialty item distribution (items School personnel working in the for customers such as caps and t-shirts) area of tobacco use prevention and Through youth-oriented cessation and parents are also eager advocates of self-service tobacco marketing campaigns, the tobacco display bans. In a public forum their industry reinforces the acceptability, and expectation of tobacco use among testimony of youth and tobacco youth. They make tobacco products statistics while important, can be appealing and attractive to youth by strengthened by presentation of any glamorizing smoking and associating youth-oriented products commonly it with images of success, sexuality, found displayed adjacent to tobacco friendship, attractiveness, vigor, in stores, such as candy, and baseball rebellion, independence, initiation cards, into adulthood, leisure and sports. It is not surprising that youth A few words about store- with high exposure to tobacco ads based tobacco advertising indicate they are more likely to smoke in the future? Kids who smoke and promotion overwhelmingly prefer Marlboro, Self-service tobacco displays Camel and Newport, the three most appear to contribute to youth use to heavily advertised brands.~ When tobacco by promoting shoplifting and the RJ Reynolds Tobacco Company illegal sales. These displays, placed in introduced Joe Camel, the number of prime sight and reach locations, all underage smokers who bought Camel carry tobacco advertisements, much cigarettes jumped from 0.5% in 1988 of which is youth-oriented. The to 32.8% in 1991.~2 · oositive ~ of tobacco from I ' A legal analysis was conducted Summary ., to explain how state and local governments might regulate Research has indicated that two. advertising and promotion of tobacco influences of youth tobacco Use are products. It claimed that such action parental example and peer pressure. is possible, if care was taken to avoid Unlike these influences, however, the' conflicts with federal statutes and influences of easy access, through First Amendment laws that regulate shoplifting and illegal sales, and commercial speech. The Federal advertising are amenable to social Cigarette Act only prohibits states and environmental changes. Working at this level, appropriate intervention from regulating cigarette advertising effort~, such as advocating for bans on and promotion "based on smoking self-service of tobacco, move beyond and health." Yet proposed state and the focus of the individual to the local laws to ban tobacco social, political and economic factors advertisements that promote smoking which promote and reinforce the use by minors, for example, may be freely of tobacco. ~ regulated without constitutional problems?3 (Such was the basis for Self-service tobacco display bans are believed to help limit access to Mangini vs RJ Reynolds that alleged and advertising of tobacco products, the Joe Camel campaign reduces and in turn, reduce underage minors to illegally purchase - consumption of tobacco. Given the cigarettes.) Potential impact, enactment of such a community policy change should be facilitated by youth and tobacco control advocates. Model Comprehensive Ordinance Regulating the Manner of Sale of Tobacco Products SECTION 1. TITLE This ordinance shall be known as the Regulation of the Manner of Sale of Tobacco Products Ordinance. SECTION 4. REGULATION OF MANNER OF SALE OF TOBACCO PRODUCTS A. Any person, business, tobacco retailer or other establishment subject to this ordinance shall post plainly visible signs at the point of purchase of tobacco products which state "THE SALE OF TOBACCO PRODUCTS TO PERSONS UNDER EIGHTEEN YEARS OF AGE IS PROHIBITED BY LAW. PHOTO ID IS REQUIRED TO PURCHASE TOBACCO". The letters of these signs shall be at least one quarter (1/4") high. B. No person, business, tobacco retailer, or owner, manager or operator of any establishment subject to this ordinance shall sell, offer to sell 9r permit to be sold any tobacco product to an individual without requesting and examining identification establishing the purchaser's age as eighteen years or greater rmless the seller has some reasonable basis for determining the buyer's age. C. It shall be unlawful for any person, business, or tobacco retailer to sell, permit to be sold, offer for sale or display for sale any tobacco product or tobacco promotional product.by means of self-service merchandising or by means other than vendor-assisted sales. D. No person, business, or tobacco retailer shall locate, install, keep, maintain or use, or permit the location, installation, keeping, maintenance or use on his, her or its premises any vending machine £or the purposes ot' selling or distributing any tobacco product. For a complete vemion of a model ordinance, contact STAMP, a project of the North Bay Health 5 Resources Center (707) 762-4591. References 1 Preventing Tobacco Use At!!ong Young People: A Report to tile S~,rgeon General. USDHHS, Public Health Service, Centers for Disease Control, National Center for Chronic Disease Preventio.~ and Health Promotion, Office on S.noking and Health, 1994. 2 Little R. Hottest picks in grocery stores. USA Today, USA Snapshot, Dec. 13, 1990. 3 Roswell Park Cancer Institute. Survey of alcohol, t'obacco and drug use: Ninth grade students in Erie County, I992. Buffalo, NY: Roswell Park Cancer Institute, Department of Cancer Control and Epidemiology, 1993. 4 Pennsylvania Department of Health, Tobacco Control Program. Tobacco and Pennsylvania's Students--The 1993 survey. September 1994. 5 Cimoski J., Sheridan M. Tobacco acquisition prattices of adolescents in two Wisconsin communities. Wisconsin Medical Journal 1994; 93: 585-91. 6 Tobacco Institute. The tax burden on tobacco: Historical compilation, vol. 29, 1994. 7 Altman G., et al. Reducing the illegal sale of cigarettes to'minors. [AMA 1989; 261: 80-3. 8 Keay K., et al. Effect of a retailer intervention on cigarette sales to minors in San Diego Count3; California. Tobacco Control 1993; 2: 145-51. 9 .-kltman D., et al. Sustained effects of an educational program to reduce sales of cigarettes to minors. Amer [ Pub Hlth 1991; 81: 891-93. 10 Office of Evaluation and Inspections. Youth access to cigarettes. New York: USDHHS, OIG, May 1990; No. OEI-02-90-02310. 11 Jason L., et al. Active enforcement of cigarette control laws in the prevention of cigarette sales to minors. JAMA 1991; 266: 3159-161. 12 Feighery E., et al. The effects of combining education and enforcement to reduce tobacco sales to minors. JAMA 1991; 266: 3168-171. 13 DiFranza J., et al. Reducing youth access to tobacco (Letter to the Editor). Tobacco Control 1992; 1: 57-8. 14 Hinds M. Impact of a local ordinance banning tobacco sales to minors. Public Hlth Rep 1992; 107: 355-58. 15 "Ordinances which ban self-service tobacco displays." Americans for Nonsmokers' Rights, Berkeley, CA: February 5, 1995. 16 Kropp R. Unpublished data from STAMP, 1995. .. 17 Forster J. Unpublished data from University of Minnesota, 1995. 18 Federal Trade Commission Report to Congress for 1992 Pursuant to tile Federal Cigarette Labeling and Advertising Act, Washington, DC: US Federal Trade Commission, 1994. 19 Robert Wood Johnson Foundation Youth Access Su~.ey: Results of a National Household Survey to Assess Pubic Attitudes about Policy Alternatives for Limiting Minor's Access to Tobacco Products, Princeton, NJ: Mathematica Policy Research, Inc., December, 1994. 20 Pierce J., et al. Tobacco Use in California. An Evaluation of the Tobacco Control Program, 1989-1993. La Jolla, Calif: University of San Diego; 1994. 21 Morbidity & Mortality Weekly Report, Centers for Disease Control, March 13, 1992. 22 DiFranza J., et al. RJR Nabisco's cartoon camel, promotes Camel cigarettes to children. ]AMA 1991; 266. 23 Bierig J., et al. Legal analysis of approaches to state and local regulation of tobacco advertising and sales in the US. Tobacco Control 1994; 3: 257-62. 24 Bohrnstedt G., et al. Statistics for Social Data Analysis, 2nd ed. Itasca, Illinois: I.E. Peacock Publishers, Inc., p. 114. ~ AUG-Ii-1998 10:J4 FROM CITY OF SHAFTER TO ~241850 P.02 8.05.010 Chapter 8.05 with obstructive airway disease and cardio- vascular disease. SMOKING B. Substantial scientific evidence exists that the direct usc of tobacco products caus- Secti, ,ns: es cancer, heart disease and various other 8.¢ tS.010 Control of smoking, medical diseases. The Surgeon General of 8.(15.020 Authority. the United States labels smoking "the larg- 8.{ ~$.030 Definitions. est s/ngle preventable cause of premature 8.{~$.040 Smoking prohibitions, death and disability for the U.S. popula- 8.1 ~$.050 Places where smoking is lion." permissible. C. The National Centers for Disease 8.~ '5.060 Nonretaliation. Control have found that at least four hun- 8.~ $.070 Posting requirements, dred thirty-four thousand Americans die 8.1 5.080 Violation--Smoking or each year from tObacco-caused diseases. posting. The Surgeon General of the U.S. and the 8.t $.090 Enforcement. U.S. Department of Health and Human 8.1 ~$.100 Regulating the sale of Services have found that a majority of those tobacco products. Americans who die of tobacco-caused dis- 8J~$.110 Other applicable laws. eases became addicted to nicotine in tobac- co pmducm as adolescents before the age of legal consent. 8.05. }10 Control of smoking. D. Reliable scientific studies assessed by ~ City Council of the City of Shafter the EPA have found that sidestream or sec- hotel y finds as follows: ond-hand tobacco smoke caused the death A. Reliable scientific studies, including of at least fifty-three thousand American studi ~s by the Surgeon General of the Unit- nonsmokers annually ',md is a leading cause ed S ams, studies commissioned and ~- of premature death and disability among sesse by the U.S. Environmenial Protection nonsmokers. Age~ 3' (EPA), and the Surgeon General's E. Employees, subjected to prolonged 1986 report on the Health Consequences of exposure lo second.hand smoke in the Invol antaty Smoking, conclude that expo- workplace, have been found in scientifically sure :o tobacco smoke places healthy non- conducted .~tudies to experience a loss of smo ers al increased risk for developing job productivity and some have been forced lung :ancer. Other health hazards of invoi, to take periodic sick leave becau,~e of reac- unta smoking include respiratory lnfec- lions to said second-hand smoke. Further- tton bronchoconstricfion and broncho- more, studies have shown higher costs to spasa ~. While all members of the population the employer are associated with smoking axe aly at increased risk due to exposure in the workplace due to increases in absen- to see ond-hand tobacco smoke, it constitutes teeism, accidents, cost of medical care, lox a sp~ :iai health hazard foi children, teens, of productivity and cleaning and malnte- the e defly and people with chronic lung nonce repai~. A recent scientific study has disor lets. including asthmatics and those reported that second-hand smoke from 122-1 (:~aff~ 9.94~ 8.05.010 robs{ :o may cause a significant amount of M. The city council declares that the cardi ~vasculax disease in thc United Stales purpose of this chapter is to protect the and ~hat the number of deaths from this health, safety and general welfare of the caust: may exceed the dealhs caused by lung residents of persons employed in, and pcr- disea ;e associated with second-hand smoke, sore who frequent, the city, who would F. Smoking in public places and benefit by the regulation of smoking, and to wor~ :}laces is a major cause of fires and recognize that the need to breath smoke-free dam: ge to merchandise and equipment as air shall have priority over the desire to well ~ costly maintenance and repairs to smoke. (Ord. 457 § I (part), 1994) fumi ure and fixtures. G The National Institute on Drag Abuse 8.05.020 Authority. has ~ ancluded that the nicotine in tobacco This chapter is enacted pursuant to provi- pwdl ets is a powerful addictive drug and sions ofSection~ 1.01.010 through 1.01.100 ident fie~ nicotine addiction as the most for the puq~o~ of restricting and regulating wide ;pread example of drug dependerlc¢ in smoking in order to reduce the hazanls and the ~ mired States. The Surgeon General of nuisance which smoking causes to those the t LS. has found that nicotine in ~obacco who are involuntarily exposed. (Ord. 457 § producers is as addictive as cocaine and 1 (pm), 1994) hero se. ,,,,. H The health care costs produced by 8.05.030 Definitions.' smol lng-related ailments and diseases con- As used in this chapter, those terms iden- stitu~; a hea~y and avoidable financial drain tiffed in this section shall, unless the context on o~ .r community. ' indicates othetxvise, be ascribed the meaning I, Opinion surveys show that a majority contained herein. of th~ citizens of Kern County favor r~stric- "Bar" means an ar~a which is devoted to tion m smoking in areas accessible to the the s~rving of alcoholic beverages for con- gene:al public, sumption on the premises, in which the I. Air pollution caused by smoking is serving of food, if any. is incidental to the an o: fensive annoyance and irritant. Smok- consumption of alcoholic drinks. The dining ing ~ults in serious and significant physi- area of a restaurant utilized primarily for the cai (l scomfort to many nonsmokers and in serving and consumption of food shall not thos~ imxtances constitutes a public nui- comtitute a hal'. even though alcoholic sanc,. ' ' beverages may be served therein. K Second-hand smoke has been found "Commercial Enterprise" means any by t~ ,~ Environmental Protection Agency to business entity formed for profit-making be a mown carcinogen, purposes, including, but not limited to, L. The U.S. Surgeon General has con- professional coq~oration~ and other entities cluC that children exposed to second-hand under which legal, medical, dental, engi- sm( :e have more respiratory infections and neering, architectural or other pn:ffessional lung problems than chililren who are not services are delivered, and also any per,on expo ;ed to secondary smoke, charged with the responsibility of contnal- ~' ling conduct on behalf of the enterprise ~ AUG-ii-1998 10:~6 FROM CITY OF SHAFTER TO J~41850 P.04 8.05.030 upon my premises regulated by this chap. ings for clerical, administrative or supervi- ter. sory work, a complex o£ such enclosures · "1~ nployee" means any person who is and a building containing such enclosures, empl, ,yed by an employer in the consider- whether or not the building is utilized pri- ation ~'or direct or indirect monetary wages marily for other purposes such aa retailing, or .i~fit and any person who volunteers his wholesaling, storage or manufacturing, or he~ services for a nonprofit entity, together with all hallways, stairways, eleva- E[nployer" means any person, panner- tots, escalators, restrooms, lobbies, waiting snip, [colgora'tion, including any public rooms, reception area~, entry amaa and entit.~, or nonprofit entity, who employs the conference moms within or associated with serviqes of one or mom individuals. -the complex of such enclosures, including: E~cJosed area means all space between 1. Legal, medical, dental, engineering, a flo6r and ceiling which is served by a accounting, counseling and otherpmfessicm- com~ .on heating, ventilating and air condi- al offices: tinnix g system and is enclosed on ali sides 2. Insurance. real estate, rickel collcc- by s( lid walls or windows (exclusive of tion agency and other offices where busi- doors or passageways) including all space ness services are offemi to' or goods or therei screened by partitions which do not services are offered to or may be ordered by exten to the ceiling or axe not solid, or may be paid for by members, of the .,,=,. "~ .'mbers of the general public" includes general public; and shoPl~rs, customers, palxons, patients, sm- 3. Offices to which members of the dentsi clients and other similar invitees of general public are admired in order to a con~merciai entell~rise, public agency or promote the objects or puq~ose.s of the nonp~fit entity, and excludes employees public agency or nonprofit enlities. there ,f, sales representatives, service repair "Organized outdoor event" means a pers~ ~s and persons delivering goods, mcr- scheduled concert, performance, sporting chan( ise or services to a commercial enter- event, public demonstration or other similar prise, nonprofit entity or i~blic agency, occurrence, open to members of the general "I~ )np~fit entity" means any corpora- public taking place outside an enclosed tion, Lmincorporated association or other area. entit) created for charitable, philanthropic, "Person" means any individual, partner- educational, character-building, political, ship. corporation, unincorporated associa- sociai or other similar purposes, the net tion, joint venture, busine,~ trust, joint stock ptoce.,ds from operations of which ate corn- company, club or other organization of any mitte~ to promotion of the objects or put- kind. poses of the organization and not to private "Pmprielor" means each owner, operator, gain. i:ogether with any person charged with manager or other person having control of the n q:)onsibility of controlling conduct on an establishment or facility within which behai ." of the entity upon any premises smoking is regulated by this chapter. regui ted by the provisions of this chapter. "Restaurant" means any dinner house, "C ~ce"means an area enclosed by walls coffee shop, cafeteria, luncheonette, soda ~ eonu ning a desk, table or similar l~rnish- fountain, fast food service and other estab- 122-3 (sh.n~. 9~) AUG-ii-1998 10:ZG FROM CIT'f OF SHAFTER TO 3241850 P.05 8,05.030 lislm ent where cooked or otherwise pre- 1. A place utilized for:. the manufac- pa.m food is sold to members of the gert- turing, pwcessing, assembly, maintenance er'al 1 ~blic for consumption on the premis- or repair of any products, goods, equipment, es. Tle term docs not include a cafeteria or tools, nppliances, furnishings or other ob- luncl room defined ns a "workplace" by this jeer: or the physical storage for purposes of secti~ ,n, whether or not members of the wholesaling, future utilization for operation- gene al public incidentally frequent the al purposes, or furore Wansfer preceding facili :y. consumption or other utilization of any ";If-serviCe displays" means open dis- products, goods, merchandise, materials, pla) ~f tobacco products and point'f-sale .~pplics, equipment, tools, appliances or tobacco promotional products that the pub- furnishings; lic h~ accem to without the intervention of 2. A place utilized or operated for a an e~ployee, purpose described by Section 8.05.030(I-1) '5 noking" means lighting, inhaling, ex- and from' which members of the general halin ,~ or burning any pipe. cigar, cigarette, public are excluded: wee¢ or plant, or carrying any lighted pipe, 3. A place utilized as a union hall, light~ d cigar, lighted cigarette, lighted weed, cafeteria, lounge, lunchroom, restroom. lighi~ d plant or other ignited combustible conference mom, training room. lecture subsl race in any manner or in any form. room or classroom pfimaxily for the use or ..=.. '~I ~bacco pwduct" means any tobacco benefit of employees. cigar :tte, cigar, pipe tobacco, smokeless Notw/thstancling the provisions of the tobacco, snuffor any other form of tobacco definition, a private residence including whi~ I may be utilized for smoking, chew- either an attached or detached garage shall lng, ~halatlon or other manner of ingestion, not constitute a workplace, except when the '" obacco store" means a place utilized residence serves as a licensed or unlicensed pt'in trily for the retail sale to members of day care facilit7 for children or the elderly. the general public of tobacco products or (Ord. 457.§ I (pan), 1994) acce~ sories and in which the sale of any other products is merely incidental. 8.05.0d0 Smoking prohibitions. '~ obacco vending machine" means any Except as otherwise provided in this elec onic or mechanical clevice or appli- chapter, it is unlawful for any member of ance the operation of which depends upon the general public or any other person, the ~ertion of money, whether in coin, including an employee, to smoke in places pap~ ' currency or otber things representative which include, but are not limited to, the of w tlue, which dispenses or releases a following enclosed areas: toba/Co pmducL A. Public Places. Public places shall "V~orkplace" means any enclosed area include: whic~ is occupied by two or more employ- 1. Merchandise display areas, checkout ees ~f a commercial enterprise, nonpwfit stations, counters and other pay stations; entit~ or public agency including but not 2. Hallways: limit~! to the following: 3. Restrooms; ..~. a.. Escalators. elevators and stairways; AUG-11-1998 10:37 FROM CITY OF SHAFTER TO J~41850 P,06 8.05.040 5. Lobbies; E. Tenninals and depots. Terminals. 6. Reception areas; depots, and other facilities utilized by mom- 7. Waiting rooms; bcrs of the general public for the purpose of g. Service lines; being transported upon or departing from 9. Classrooms~ meeting or conference airplanes, trains, buses and taxis. room:, or lecture hails; F. Taxis and buses. Buses, taxicabs and 10, Othcr places in which members of all public transit conveyances operated by the gcneral public congresate for service or or licensed by the city, which are ud{{zcd other, vise frequent, by passengers and operatom B. Stores. Stores shall include: O. Theaters. Theaters include motion 1. The enclosed common areas of shop- picture theaters, meeting halls and audimri- ping nails; urns where motion pictures or live theatrical 2. Automobile dealerships, furniture or musical or dramatic productions are made other showrooms for the display of ruer- to an audience consisting of members of the ehan¢ [se offered for sale at retail; general public assembled for the porpose of 3. Grocery, specialty, deparlment and witnessing the performance or presentation. other ftores which sell goods or merchun- This section shall not be construed to pm- dise t retail; vent smoking by performers in connection 4. Service stations, stores or shops for with a stage production or by persons mak- ..~,,. the ~ )air or maintenance of appliances, lng a presentation concerning addiction to shoe: or motor vehicles, barber shops, tobacco or other drags. beau' shops, cleaners and laundromais, H. Recreational facilities. Areas of sports video lame, pool hall and other amusement pavilions, gymnasiums, exercise rooms, cente {, and other similar establishments health spas, arenas, swimming pools, skat- offeriag services or products to members of lng finks, bowling alleys and other similar the gt :neral public, places where members of the general public C. Banks. Banks include Savings and assemble to either engage in physical exer- loan tssociations, credit unions and other else, participate in athletic competition or simil; r institutions which offer financial witness sports events. servi~fes to members of the general public. I. Recreation halls. Areas of recreation D'.i.H°telsandm°tels. Hotels and moteL~ halls and other similar facilities where in wmch guests typically rent lodging for members of the general public play bingo conti,+.uous l~fiods less than thirty days. or cards, dance or engage in recreational, .Smolgng is. permissible in rental rooms and character-building or cultural activities. m on. premlses bars and other areas as pro- $. Restaurants. Any coffee shop, vide~ in Section 8.05.050. The availability cafeteria, sandwich stand, reda fountain, of nc lsmoking rooms will be prominently fast food service, private and public school poste i as "Smoking Prohibited," and ash cafeteria and uny other eating establishment trays will be removed. Customers seeking which gives or offers for sale food to mom- acco[ Imodations should b~ rout/nely ad- bets of the general public, guests or em- vised of the availability of nonsmoking ployees, as well as kitchens in which food ~ room 122-5 ~sh,a~, 9-v4) AUG-ii-1998 10:58 FROM CITY OF SHAFTER TO 3~41850 P.O? 8.05,040 is [~ .~pared on the premises for service' merchandise, equipment and pwvislon of else~ here, including cater/rig facilities, services. · C~ mmencing upon adoption of the ordi- L. Hospitals. Hospitals, r~st and conva- nanc~ codified in this chapter, the owner, lcscent homes, medical clinics; physical man get or operator of a restaurant shall therapy facilities and other places where desi aate not less than fifty percent of medical, dental, psychiatric or counseling avail tble customer seating as nonsmoking. .services are delivered to member~ of the Corn aencmg tiuee months after adoption of general public. Operators of facilities treat- said ~ ,rdinance, the owner, manager or oper- lng psychiatric or chemically impaired pa- ator. ,f a restaurant shall designate not Ics~ tients may permit smoking by patients in than seventy-five percent of the a~ailable designated a~as. provided the medical cus~ nerseating as nonsmoking. Commenc- director of such facility has determined in lng., x months after the adoption of said writing that such practice is beneficial for ordir race. the owner, manager or operator the recovery or treatment of such patients of a estaurant shall designate all available and that the practice will not interfcr~ with custc her seating as nonsmoking. The own- the recovery and treatment of nonsmoking er, n anager or operator of the restaurant patients, and provided that adequate shall post signs as prescribed by Section nonsmoking areas ate made available for 8.0S. Kg] and remove all ashtrays from nonsmoking patients. This section mail not table located in the nonsmoking area~, be construed to prevent smoking in loca- Whe~ a bar shares the same enclosed area tions or otherwise under conditions in which with r~taurant, the bar seats are to be smoking is expressly authorized by or under court d with the restaurant sea~s in deter- statut~ or admi~fistrative regulations appli_ minii g the total number of nonsmoking cable to such licensed facilities. resta~ rant seats. The owner, manager or M. Schools. Any school or educational open tot shall post a notice at the restaurant institution openged by a commercial entra ~;e that a nonsmoking section is enterprise, public agency or nonprofit entity avail ~ble. It shall not constitute a violation for the purpose cfi'providing academic class- of th/t ~ chapter to smoke in a location where room instruction, trade, craft, computer or smo~ ~g has been autl~rized by this chap- other technical training, or instruction in ter. ! dancing, artistic, musical or other cultural *~ provisions of this section shall not skills. he c~ nstxued in any manner to restrict or N. Day care faciliti~. Day care facilities othe~ sase impair the authority of an owner, shall include private residence~ during the man~ let or operaWr to increase the time when such residences are operated as nons~oking seating in a restaurant or bar. day care facilities for children or the elder- ICI Places of exhibition. Libraries, muse- ly. urns, ~all¢fies. convention halls and similar O. Workplace. Smoking is prohibited in facilities where memb~r~ of the general enclosed w~rkplaces under the control of a publi~ as.qemble for the purpose of viewing public or private employer in which mere- the t ,,hibition of art. artifacts, objects of ber~ of the general public have access inthe histv ical or cultural significance, pwducts, course of conducting business, including but 8.0~.040 not aited to the following: open office dining rooms or areas of restaurants, hotels ama shared offices, private offices, hall. and motels while these places are occupied ways, mstrooms, escalators, elevators, stair- for private functions to which only persons ways, lobbies, recept/on a~as, waiting specially invited are entitled to attend and room classrooms, meeting or conference from which mcmbers of the general public mom and auditoriums, are excluded; Or, ire cafeter/as, lunchrooms and Ioung. F. In any enclosed place wherein this es shi Il be deemed workplaces and smoking chapter s~edfically perm/ts smoking, not- prohi~ ited therein, whether or not such withstanding the fact that such location is a fac'il les are open to members of the goner- workplace accessible to members of the al pt ~lic. general public; Ea~:h commercial enterprise, nonprofit G. The foregoing places where smoking entry and public agency shall comply with is permitted are not considered workplaces, thes~i,'moking prohibitions and be responsi- subject to the provtsiom of Section ble !or their implementation in thc 8.05,030. Employers will, however, attempt work ~lace, ami "No Smoking" signs shall to find a reasonable alternative accommoda- be po ~ted in the mnnner prescribed by Sec- tion which is feasible for nonsmoking em- tion .05.070. (Ord. 457 § I (part), 1994) ployees who do not wish to be assigned to work in a smoking permissible area; 8.05. tS0 Places where smoking is H. Notwithstanding any provision in permissible. Chapter 8.05 which permits smoking in a St~ oking may be permitted in all loca- place of employment, any nonsmoking tions where smoking is not prohibited by employee may object to his or her employer this ( aapter, including the following Ioca- about smoke in his or her woricplace. The tions: employer shall attempt to reach a reasonable A. A private residence, including an at- accommodation, insofar as possible. (On/. tacbe t or detached garage, whether or not 457 § i (part), 1994) the r~ Adence is utilized for office or other busin,,ss purposes, except when such resi- 8.05.060 Nonretaliation. dence is operated as a day care facility for. No person or employer shall discharge, childlen or the elderly; refuse to him or in any mnnner retaliate B. Bars; against any employee or applicant for em- C. Tobacco stores, whether operated as ployment because such employee or appli- a sep rate business entity or as a physically cant exercises any right to a tobacco smoke- separ ~ed facility within a dep'amnent store free envirooment afforded by this chapter. or otl er business entity: (Ord. 457 § 1 (part), 1994) D. Private clubs during events attended exclu ~ively by members of the organization 8.05.070 Posting requirements. and heir invited guests and from which A. Each owner, operalor, manager or mere ~rs of the general public are excluded: other person having control of an establish. E. Conference/meeting rooms, public meat or facility within which smoking is and ivate assembly rooms, banquet rooms, regulated by tltis chapter shall conspicuous- 122-7 ~sa,n~, AUG-ii-1998 10:~9 FROM CITY OF SHAFTER TO J241850 P.09 $.05.070 ly I~ ;t in every place where smoking is and onehundreddollars for cachsubsequent prohi )Red either "No Smoking" signs with violarion. Any employer or proprietor who lette~,l not less than one inch in height violates any provision of this chapter by and/or the international "No Smoking" sym- failur~ to post required signs, and/or by bol ¢1 resisting of a pictorial I~q~resentation failure to request violaling smokers to exlJrl. of a ibuming cigarette enclosed in a red guish the lit object may be guilty of an circle with a r~ bar across it. infraction punishable by a fmc of one hun- B. An owner, operator or manager of a dred dolla~ for the first violation, and two buil( ng wherein, pursuant to these tegu. hundred fifty dOllars for each subsequent latiE S, there is no smoking permitted in violarion and/or may have hkvher business any s ~ace in the building may limit the "No license revoked. Subsequent violations may Stool ing" postings to first floor entrances be prosecuted as misdemeanors with fines and e~xits and to the elevator lobby areas of up to one thousand dollars and/or jail time ail ot~er floors, up to six months. (Ord. 457 § I (part), C.l.Motion picture theaters shall show 1994) upon ~me movie or live action screens for ar least five seconds prior to the showing of 8.05.090 l~nforcement. ' each "eamre motion picture the message that A. Voluntary enforcement and manda~- smok lng is prohibited within the audience ry compliance of this chapter shall lie with seatir.g asea and other areas as specified, the employer/proprietor of the establish- D. Hotels and motels will prominently ment. An individual violating this chapter post in the lobby a sign notifying patrons of shall be requested by the employ- the a~ailabilityofnonsmoking accommoda- er/proprietor not to smoke and shall be tions The rooms so designated will be made aware of the posted "No Smoking" poste i as nonsmoking rooms and ashtrays signs. If the individual continues to viola~ will ~e removed. (Ord. 457 § ! (part), this chapter, the employer/proprietor shall 1994 inform the individual they a~ guilty of an infraction of a city ordinance punishable by 8.0~. ~80 Violation--Smoking or a fifty dollar fine for the first violarion and posting, a one~htmdred-dollaz fine for each sub, c- A Any person who violates any provi- cluent violation. sion ~ f this chapter is guilty of an infraction B. It shall be the responsibility of the an& Jpon conviction thereof, shall be pun- city manager of the city of Shafter, or his ished in a manner prescribed in subsection designee, to enforce, on behalf of the city, B of this section, the provisions of this chapter. The city B. Fines forthe crimes made infractions manager, or his designee, shall be autho- by lJ lis chapter shall be levied in the rized to prosecute, in the name of the city, amo~ nra pr~:scribed. Any person who vie- criminal actions for the recovery of fines for late~ lny provision of this c_hapt~r by smok- violations of the prohibitions of this chapter ing I i a designated nonsmoking area shall in the amount described in Section be g jlty of an infraclion, punishable by a 8.05.080. fine ~f fifty dollars for the first violation. ~ AUG-ii-1998 10:40 FROM CITY OF SHAFTER TO ~241850 P.10 · 8.O5.O9O C. In the performance of the enforce- under and the District Attorney may pro. merit responsibilities assigned by thischap- ceed to abate thc same by filing a civil ter, t~ t~ city manager, or his designee, shall action in a court of competent jurisdiction. do th following: b. Lic~ Revoca~on. Any continuing I. Eslablish a telephone number thnaugh violalion of the provisions of this chapter wltic I all complaints by citizens relating to by a proprietor may result in the revocation viola ions of this chapter may be directed or of owner's business license by the city of refer ed; Shafter. 2. Reduce' such complaints to writing, c. Injunctive Relief. A temporary re- and maiyze the frequency md volume straining order, preliminary and/or perma- there ,f in relation to alleged violations of nent injunction may be issued against a this ,ihapter by or at paracular establish- proprietor for any conttrming violation of merit or facilities; the provisions of this chapter. (Ord. 457 § 3. Conduct an on-site inspection of any I (part), 1994) es'tab ishment or facility with respect to whic ! ~ nature and volume of complaints 8.05.100 Regulating the sale of sugg ~ts Iongslanding and pronounced yin- tobacco products. latio~ s of any of the provisions of this A. Any person, business, tobacco retailer chap ~r;, or other establishment subject to this chap- ~.. 4. Provide to the owner, operator or ter shall post, at the point of purchase of man~ ]er of any such establishment or facili- tobacco products, plainly visible signs ty a :opy of the provisions of this chapter which state, 'THE SALE OF TOBACCO and uch advisory assistance to r~:tify fu- PRODUCTS TO PERSONS UNDER mm violations as may be necessary to - EIGHTEEN YEARSOFAGEISPROHiB. achi~ ye compliance with the provisions of ITED BY LAW; PHOTO ID REQUIRED." this hapter; The letle~s of said signs shall be at least 5. Follow up such investigation and one-quarter inch high. advic with a written directive explaining in B. No person, business, tobacco retailer detai . the steps required in orcler to achieve or owner, manager or operator of any estab- tutm ,. compliance with the provisions of lishment subject to this chapter shall sell, i~ this :hapter, offer to sell or permit to be sold any tnbac- 6. If the violations do not cease follow- co product to any individual without te- l' lng =xpiration of a' reasonable period of questing and examining idcnlJfication estab- time request commencement of a criminal lishing the purchaser's age as eighteen yeats or c 'il proceeding by the District Attorney or greater unless the seller has some reason. pul~ ant to the provisions of Section able basis for determining the buyer's age. 8.05. )90 or civil remedies listed below as C. It shall be unlawful for any person, may ~e appropriate to do one, some or all business or tobacco retailer to sell, permit of th following civil remedies: to be sold. or offer for sale any tobacco a. Public Nuisance. Any continuing product by means of self-set, ice displays or viola on of the provisions of this chapter by any other means other than vendor-as- ,,.~, may be declared a public nuisance here- sis'ted sales. AUG-ii-!998 10:41 FROM CITY OF SHAFTER TO 3241850 P.11 8.05.100 D. No pe~on, business, tobacco refailer or othi ;r establishment subject to this chap- ter shi d/ locate, install, keep. maintain or use, ~r permit ~he location, ins~llafi~, keepi~ g, maimenanc~ or use on his, her or im 10n nnises any vending machine for the purpo! e of selling or distributing any tobac- co ptc,iuct. Any tobacco vending machine in use o~ the effective date of the ordinance codifi~:d in this chapter shall be removed witltin thirty days after the effective dat~ of said ol xiinance. er. ow net, manager or operator of any tablisl rnent subject to ~is chapter who violat~ s any provision of this chapter shall be de rned guilty of a misdemeanor and upon ¢ ~nviction shall be subject to a fine as provid ~d in Section 8.05.080 of this chapter. (ord. ;$7 § 1 (part), 1994) 8.05. 10 Other applicable laws. Thi:~ title shall not be interpreted or con- su'ued to permit smoking where it is other- wise estfic/ed by other applicable laws. (Ord, ~57 § I (pan), 1994) 1231124 TOTAL P.11