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
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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