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Home Rule_Smoke Free Environments Correspondence
Tx~ crrY of Dubuque F DLTB E a"-'~~~~ Masterpiece on the Mississippi ~' ~~ 2007 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Home Rule DATE: January 16, 2008 I respectfully recommend Mayor and City Council approval to send correspondence to our State Legislators asking that they support a law that allows cities to have local determination over the implementation of smokefree environments. ~~~ ~ti^~ Michael C. Van Milligen MCVM/jh cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Angie Brandel, Hillcrest Family Services TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Smokefree Indoor Air DATE: January 16, 2008 Attached is information provided by City Council Member Joyce Connors related to smokefree indoor air. '~C2 ~,~ Michael C. Van Milligen MCVM/jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager SMOKEFREE AIR ADVOCACY Secondhand smoke is a cause of serious disease and death, including heart disease, cancer, and asthma. It is the third leading cause of preventable death in the U.S., causing 53,000 deaths in nonsmokers every year, according to the National Cancer Institute. The 2006 Surgeon General's Report confirmed that there is no safe level of exposure to secondhand smoke, that cleaning the air and ventilating buildings cannot eliminate exposure, and that establishing smokefree environments is the only proven way to prevent exposure and protect health. Despite this information, the tobacco industry and its allies try to undermine proposed smoke- free laws in every community in order to protect their profits at the expense of public health. • Are there attacks on reputable scientifcc studies, such as the EPA and Surgeon General's reports, that conclude that secondhand smoke is dangerous? • Are there claims that local businesses will lose 30% of their business? • Are new hospitality associations or smokers' rights groups suddenly appearing i~: town? These are some of the common tactics used during smokefree campaigns to oppose the proposed law. Other tactics include proposing smoking rooms, ventilation, and other "accommodation" alternatives, which do not address the negative health effects caused by secondhand smoke exposure. Americans for Nonsmokers' Rights is a national, member-based, not-for-profit organization dedicated to protecting nonsmokers from exposure to secondhand smoke. Visit the ANR websites for more information: www.no-smoke.org & Www.protectlocalcontrol.org GOOD FOR HEALTH, GOOD FOR BUSINESS Hundreds of municipalities across the country have implemented laws which bring 100% smokefree air to workplaces, often including restaurants and bars. Some of these diverse communities include: • Citronelle, AL • Tempe, AZ • Boulder, CO • Decatur, GA • Springfield, IL • Bloomington, IN • Lawrence, KS • Lexington, KY • Boston, MA • Bloomington, MN • Jackson, MS • Tupelo, MS • Helena, MT • Lincoln, NE • Roswell, NM • New York, NY • Corvallis, OR • El Paso, TX • Lincoln County, WV • Laramie, WY Americans for Nonsmokers' Rights 2530 San Pablo Ave, Suite J Berkeley, CA 94702 Phone: (510) 841-3032 Fax: (510) 841-3071 www.no-smoke.org AMERICANS fir NONSMOKERS' RIGHTS SMOKEFREE CHAMPION ADVISORY NETWORK SMOKEFREE INDOOR AIR POLICIES WORK! HAVE EXPERIEI~iCE? • Your experience with a smokefree air campaign can help a policymaker who is facing similar issues in I~IEED ADVICE? • Is your community considering a smokefree air law? More than 6,800 communities in the U.S. are now covered by a local or state 100% smoke- free law, representing 45.7% of the U.S. population, and showing that smokefree indoor air is a mainstream idea whose time has come. another community . Policymakers dealing with a proposed smokefree air law are concerned about acting in the best interests of their community, especially when there is vocal opposition to the proposed law. As you know, acting in the best interests of the community means protecting the health and well-being of all workers, residents, and visitors. Americans for Nonsmokers' Rights would like to put you in contact with mayors or city councilpersons in other communities who can learn from your experience. A phone call, letter, or email from you can help to address their questions and concerns. i ~ Q • Would you like to hear from other policymakers who have enacted smokefree air laws in their community? Almost every community experiences opposition to a proposed smokefree air law in the form of claims of economic doom and gloom, cries of infringement on personal or business rights, or calls to compromise the integrity of the law. A policymaker who has been in the same situation and addressed similar issues can help you feel more confident in taking the important step to protect the health of your community. "As mayor, I was proud to sign the City's smokefree ordinance. Smoke- free restaurants and bars help make our city healthier and reflect our values as a community." - Hon. R.T. Ryback, Mayor of Minneapolis, MN From Barrow, Alaska to Austin, Texas, from Laramie, Wyoming to New York City, smokefree air laws work across the country. ~ If you are interested in joining the smokefree Champion ~ I Advisory Network, or would like more information, I ~ please mail in this form, call ANR at (510) 841-3032, or ~ 1 send an email to am@no-smoke.org. I I 1 ~ Name ~ 1 1 1 Position I 1 Address ~ City, State, Zip I I I I Phone I 1 Email I I I What type of experience or information are you willing ~ to share with other policy makers, or what information ~ would you find useful? Select all that apply: ~ ^ Share Experience ^ Receive Advice ~ I 1 ~ ^ Success Story ^ Community Support ~ I I I ^ Economic Impact ^ Public Education I I ~ ^ Legal Challenge ^ Implementation/Enforcement j I I ~ ^ Restaurants ^ Bars ^ Bingo/Pool Halls ~ I Comments: I _ ~" /~ E ~(~C> l '~ N/`~~ .it~-C-vu-v~-~~-~'r~ /'~,.,r~~~~.tic~; :Zs~ Nt, J /~~ mo e'tree nc~oor ir: Good ~or health. Good ~or ~usiness. Where is your community in relation to the rest of the country with smokefree air? Establishments must be smokefree in their entirety and at all times to be defined as "100% smokefree." Smoking is not permitted in attached bar areas, enclosed and separately ventilated rooms, and/or during certain business hours. smokefree Laws as of October 7, 2007 • More than 2,600 municipalities have laws in effect that restrict where smoking is allowed indoors. • More than 650 municipalities are 100% smokefree either in workplaces and/or restaurants and/or bars at the local level. • 26 states/commonwealths plus the District of Columbia have laws in effect that have some sort of 100% smokefree protection. • A 100% smokefree workplace and/or restaurant and/or bar law protects roughly 58 percent of the United States population. • At least 13 countries (England, France, Ireland, Northern Ireland, Scotland, Uruguay, Norway, New Zealand, and Bhutan) are 100% smokefree nationwide in restaurants and bars. In addition, 10 of Canada's 13 provinces and 6 of Australia's 7 territories/states are 100% smokefree in all restaurants and bars. Americans for Nonsmokers' Rights 2530 San Pablo Avenue, Suite J • Berkeley, California 94702 • (510) 841-3032 /FAX (510) 841-3071 www.no-smoke.org • am@no-smoke.org U.S. Municipalities and State with 100% smokefree Indoor Air Laws As of October 1, 2007, 2007 T Smo~ce~ree ~ndoor~ir: ~jood for r]ea~t~l. (,~jood for j'jusiness. Secondhand Smoke & the Ventilation Lie Ventilation systems and smokiing rooms are ineffective at protecting people from secondhand smoke and are costly. The U.S. Surgeon General confirms that not only do they not eliminate the health hazards to employees and customers caused by secondhand smoke exposure, but they also leave business owners with possible legal challenges and steep maintenance, worker compensation, and property insurance bills because of secondhand smoke's toxic and poisonous components. Even a little is dangerous. Going smokefree is easy, safe, and cost-free! • Indoor air quality improves immediately and dramatically when establishments go 100% smokefree. Bk~-•npw~, M Belure and Alin Clean Ydaw Ar W.+ uoo -- _ .....a.. ~ ^~w. 4 nao ) i '°°° k~f~, ~ ,~ ' ~ ]3i I ~ i C~ I ~l ~ j 300 ; ~yl'v~ Y `I ; ~e•~w: o - o ~~ ~ >~ .~ a..rrrw...... t,.m,. ~~..,. ~4.-,.~..u..,.....«,..a..~.... ry-~rr...wn..rtr.. w Air Gualily Survey (PM 2.5) Indoor Samples, Prc d PostSPAA u ......_..~~-.._..., .~ • Using current indoor air quahty standards, ventilation rates in smoke-filled environments would result in a virtual windstorm indoors. Hear it from the Experts • The U.S. Surgeon General has concluded that there is no "risk-free level of exposure to secondhand smoke "and that ventilation and other air cleaning technologies cannot control for or eliminate the health dangers posed by exposure to secondhand smoke. The American Society of Heating, Refrigerating, and Air Conditioning Engineers (ASHRAE), the international standard-setting body for ventilation rates for acceptable indoor air quality, has determined chat there are no ventilation or air cleaning technologies that can eliminate the health risks posed by secondhand smoke, and encourages businesses to make indoor environments 100% smokefree. Its ventilation rates apply only to smokefree environments, so smoke-filled workplaces are not in compliance with ASHRAE's reputable standards. • Air filtration retailers and manufacturers know the limits of their products. The Sharper Image, Brookstone, IQAir North America, Radio Shack, Wein Products, and United Air Specialists, Inc. are just a few of the air filtration companies which now carry health disclaimers on their merchandise, stating that there is no air cleaning system that can eliminate the health risks caused by secondhand smoke exposure. Americans for Nonsmokers' Rights 2530 San Pablo Avenue, Suite J • Berkeley, California 94702 • (510) 841-3032 /FAX (510) 841-3071 yuww.no-sre~oke.org • am@no-smoke.org Smo~Ce~ree ~ndoor~ir: ~jood for f "1ea~th. ~jood for ~usiness. Secondhand Smoke & the Economy • 100% smokefree indoor air laws create healthier economies. No local or state community has reported experiencing an economic loss after their smokefree law went into effect. Either no change or an upward shift in revenues and employment are experienced, according to reports based on sales tax receipts. ]~I~ F~psr: .:+x. ~srwv.Lm. i ti`•P, s nk? R.:.y:: f lF ... :.~ .. .- -. ~ Flp I. ~.P A•nMy Enib'~M fn 8~.. , ..,,' _. .1 ~~fl Cony. 1WY.70W' ~-~1ooOJ ~~ 2~~ __ ~: 2002 .n '~ -- -- n 'p0 ~~~ -- wo Dallas, TX Fayetteville, AR Lexington, KY (n.d.J May 2005 April 2005 • The Society of Actuaries puts a $10 billion price tag on secondhand smoke's cost to U.S. employers: $5 billion is lost in medical costs and roughly $4.6 billion is lost in worker productivity and wages. • Many communities that go 100% smokefree experience an increase in employment rates and the number of business licenses that are issued within the hospitality industry. • The 2006 U.S. Surgeon General's Report, The Health Consequences of Involuntary Exposure to Tobacco Smoke, concluded that strong, 100% smokefree laws have no economic effect on hospitality revenues. • smokefree laws create healthier workforces. When presented with a smokefree and a smoke-filled community to do business, companies opt to contract with those that are free of indoor secondhand smoke. Businesses spend less on health insurance and worker productivity increases. That is why more and more chambers of commerce and trade associations are coming out in support of going 100% smokefree. smokefree =COST-FREE Installing ventilation systems and/or smoking rooms is ineffective and costly. The U.S. Surgeon General confirms that not only do they not eliminate the health hazards caused to employees and customers by secondhand smoke exposure, but they also leave business owners with possible legal challenges and steep maintenance, worker compensation, and property insurance costs because of secondhand smoke's toxic and poisonous components. Even a little is dangerous. Going smokefree is easy, safe, and cost-free! Americans for Nonsmokers' Rights 2530 San Pablo Avenue, Suite J • Berkeley, California 94702 • (510) 841-3032 /FAX (510) 841-3071 www.no-smoke.org • am@no-smoke.org Smo~Ce~ree ~nc~oor~ir: Cjood ~or ~ea~t}~.~jooc~ ~or ~usiness. Secondhand Smake & F~ealtt~ • The Secondhand Smoke is the third leading cause of preventable death in this country, killing more than 50,000 nonsmokers in the U.S. each year. • The U.S. Surgeon General has concluded that there is no safe level of exposure to secondhand smoke and that ventilation and other air cleaning technologies cannot control for or eliminate the health dangers posed by exposure to secondhand smoke. • Secondhand Smoke is a Group A (Human) Carcinogen - a substance known to cause cancer in humans. There is no safe level of exposure for Group A toxins. • The United States Centers for Disease Control and Prevention reports that only 30- minutes of exposure to secondhand smoke can increase the risk of heart attack. • Regular exposure to secondhand smoke, such as in restaurants, increases one's chance of stroke by 50 percent. Secondhand' smoke: A Little Exposure goes a Long Way 5 minutes: The aorta (fhe main artery carrying blood from the heart) stiffens. Your heart must work harder to pump blood. 20 minutes: Blood platelets become `sticky', cause damage to your heart and arteries, and can lead to b[ood clots; 30 minutes: Risk far heart attack increases. Coronary arteries show the same damage. as in a smoker. The body's ability to handle LDL ("bade} cholesterol is decreased_ Secondhand Smoke & Worker Healthy • Food service workers have a 50% greater risk of dying from lung cancer than does the general population, in part because of secondhand smoke exposure in the workplace. • The toxins in secondhand smoke cause respiratory problems, such as wheezing, asthma attacks, shortness of breath, and excessive coughing long after exposure. For citations and more infiormation, contact Americans for Nonsmokers' Rights at www.no-smoke.org or 51g-841-3832 Americans for Nonsmokers' Rights 2530 San Pablo Avenue, Suite J • Berkeley, California 94702 • (510) 841-3032 /FAX (510} 841-3071 www.no-smoke.org • am@no-smoke.org Smoke~ree ~nc~oor~ir: Cjooc~~or~ea~tti. (~jooc,~orBusiness. CF-tAMBEF~S' OF C.QMMERCE SUPPORT SMQKEFREE AIR Support for smokefree air is growing exponentially as the science on the negative health effects of secondhand smoke and the economic benefits of smokefree air continue to grow. A number of Chambers of Commerce have recently gone on the record voicing support for smokefree air including: • "The business community understands that, ultimately, comprehensive smoke-free laws promote economic growth by reducing the employer health care costs and lost productivity," said Chip Carlisle, Chairman of the Greater Houston Partnership (TX).' • "We believe that this piece of legislation ... has reasonable controls and is responsible in terms of really making a difference in the community and ultimately helping us reach our vision of becoming an economic hot spot," Greater Louisville (KY) Inc.'s chamber President Steve Higdon said in an interview.2 "Secondhand smoke is a real danger... I know some of us in the business community were given pause by this [100% smokefree] ordinance. After all, new mandates too often can raise costs, interfere with productivity and intrude unnecessarily on the private sector. But I want to suggest that stopping smoking and demanding clean air are business issues. Nothing is better for business than a healthy, productive work force.... In business, we recognize that it is essential today to create a workplace culture that values employees. We ought to be clear that we also value the health of our employees.... We should be proud that we live in a community that is leading the way in the push for a better, healthier quality of life. Together we are creating the workplace we all want for the future," said Jim Hinton, Chairman of the Albuquerque Chamber of Commerce (NM).3 Michael Maurer, President of the Indiana Economic Development Corporation, said: "I have read and agree with the many studies that show that there is no adverse economic impact on businesses in cities where smokefree ordinances have passed. In fact, studies show an increase in revenue in most situations.... We have enormous potential to lower the healthcare costs that our businesses must pay. The creation of smokefree workplaces will help us do that.... There are thousands of cities, some states, Canadian providences and a number of countries that have adopted complete smokefree ordinances with no exemptions. I urge you to do the same."4 • Robin Comstock, Greater Manchester Chamber of Commerce (NH), said, "We believe this [smokefree] bill will not adversely impact the business community."5 • Jim Rich, President of the Greater Beaumont (TX) Chamber of Commerce said, "A number of cities in Texas have enacted this [smokefree] ordinance. It has not impacted business. We want Beaumont to be at the forefront, not the last community to respond to what has become a significant public heath issue."6 • "The facts prove that banning smoking in public places will not adversely affect business. In fact, one year after New York City enacted its [smokefree law], business activity actually Americans for Nonsmokers' Rights 2530 San Pablo Avenue, Suite J • Berkeley, California 94702 • (510) 841-3032 /FAX (510) 841-3071 www.no-smoke.org • am@no-smoke.org increased in restaurants and bars and 10,000 jobs were added. We understand the angst of some establishment owners, but we truly believe that this will be positive for businesses in Philadelphia, both in terms of bottom-line performance and the related health benefits to patrons and employees. This is both a sound business position and a serious public health concern. From the Chamber's standpoint, it makes sense to support a [smokefree law]. I applaud the Mayor and Councilman Nutter for their farsighted leadership on this matter," said Mark Schweiker, President 8~ CEO, Greater Philadelphia Chamber of Commerce (PA).' • "[Restaurant] and bar business is so vital that I think [Boulder, Colorado's smokefree law] actually made [business] stronger," said Stan Zemler, President of the Boulder, Colorado, Chamber of Commerce.8 • "We [the Chamber of Commerce] were trying to look at what was best for our members and what was best for the community. We felt, again, the health issue was an important issue we needed to address because even our smaller members are affected by [secondhand smoke] one way or another," said Dave Long, Executive Vice President of the 300 member Crawfordsville, Montgomery County Chamber of Commerce (IN).9 REFERENCES [n.a.], "[Press release re: "Partnership Supports Smoke-Free Ordinance in Houston]," Greater Houston Partnership, September 6, 2006. z Gerth, J. "Chamber to back smoke ban: Business group's stance is new," Louisville (Kl~ Courier-Journal, June 4, 2005. Downloaded at http:/Iwww.courier- 'ournal.com/a s/ bcs.dll/article?AID=/20050604/NEWS01/506040422. Accessed on June 6, 2005. Hinton, J., "Stopping smoking is a business matter," Business Outlook, July 22, 2004. a Maurer, M., "[Letter to Greenfield City Council re: smokefree ordinances.]," October 7, 2005. s [n.a.], "House prepares for vote on smoking ban," TheWMURChannel.com, March 8, 2006. s [n.a.], "Beaumont Chamber of Commerce supports smoking ban," KBTV NBC 4, March 20, 2006. [n.a.], "Greater Philadelphia Chamber of Commerce Supports City Council Bill to Ban Smoking in Public Places," PRNewswire, march 4, 2005. a Sovak, K., "Clearing the air: restaurant owners divided over no smoking issue," Minot Daily News Online, March 28, 2001. s [n.a.], "[Memo re: news articles]," jn.s.j, [n.d.]. Americans for Nonsmokers' Rights 2530 San Pablo Avenue, Suite J • Berkeley, California 94702 • (510) 841-3032 /FAX (510) 841-3071 www.no-smoke.org • am@no-smoke.org Smoke~ree ~nc~oorAir: ~jooc~ ~or ~ea,t~. ~jooc~ ~or ~usiness. Policymaker Quotes in Support of smokefree Air -Economic Impact As public education increases on the health hazards of secondhand smoke exposure and the right to work in a smokefree workplace, policymakers around the U.S. are taking notice of this important issue and are supportive of taking action to protect the health and well being of their communities. • "[Our smokefree ordinance] has been enormously popular and is preferred by a high majority of our citizens. People are getting used to it, but not a lot of people (in the music scene) will talk about their opinion in public. I know a lot of bands like it, and I think it has been good for most music venues, "said Boog Highberger, Mayor, Lawrence, Kansas.' "Opponents of [smokefree laws] generally oppose [them] by saying smoking is a legal activity, and laws shouldn't be passed on things that are legal or that individuals have a choice and can choose to not patronize establishments that allow smoking. But governments regulate and pass laws related to legal activities all the time. There are many laws relating to smoking (you must be 18 to buy cigarettes, for example), operating a restaurant (health codes, licenses and the like) and driving. Yes, individuals can choose to patronize establishments that don't allow smoking, but workers have a much more limited choice. Restaurants and bars provide many job opportunities for our young people. They should not have to sacrifice their health to earn money to pay for their education. We, as a society, have an obligation to recognize that life is about more than dollars and cents. We must take action, when necessary, to protect the health of our residents. The City Council needs to enact an ordinance to [eliminate] smoking from public places, "said Douglas Carpenter, Former President, Grand Forks City Council, North Dakota.2 • On his support for a current smokefree ordinance proposal, Everette Varney, Mayor, Georgetown, Kentucky said, "I was silent on this the last time, but I'm going to be vocal on this this time. I fully support this. It's the right time." 3 • Mark Russell, City Councilman, Huntsville, Alabama said, "I think it's the right thing to do. I've always thought that.i4 • Diane Rosenbaum, Oregon State Representative, D-Portland said, "No one should have to choose between their personal livelihoods and their health.i5 • Don Thomas, Georgia State Senator, said, "There's no question that second-hand smoke is killing people all over Georgia. This [smokefree bill] is a money-saver and it will save lives.n6 • David Schauner, Lawrence, Kansas, City Commissioner, listed the city's smokefree ordinance as one of the commission's most significant accomplishments. "I really think the ban has been a very good thing for most businesses." Schauner acknowledged some complaints by bars and restaurants, and stated, "But I don't think the majority of people want smoking back in bars and restaurants."' • "The protests or dissatisfaction have largely dissipated and restaurants and bars are almost uniformly complying. [The smokefree law] has been a tremendous, unqualified success," said Richard Blumenthal, Connecticut Attorney General.8 Smoke~ree ~nc~oor ~ir: Good ~or Nealth. Good for ~usiness. ;. <, "~ q- ;e~= :;> . -°r 36ffa' (pq~~i S : ~: y~> n , Eft; ~:. e::' 2. 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'" .. .. ,. r:. ,.<,, ., a :~::a j:. , . , . ~ .., .~ ..:. 'sYi°i, .; 2 Smo~Ce~ree ~nc~oor~ir: Good for ~ea~th. Good ~or ~usiness. • On possible loss of business, Doug Van Sant, Bridgeton, New Jersey, City Councilman and Owner, Angie's Bridgeton Grill, said: "It's unfortunate, but, I'll tell you, by and large, I've had at least more than a dozen customers come up to me personally and people making phone calls congratulating me for doing it and I haven't had one customer give me damnation for it."9 • David Dunfield, Lawrence (KS) City Commissioner said, "This is an enormously popular ordinance. I think five years from now the Lawrence ordinance will be the norm nationwide. We're just a slight step ahead of some communities."10 • "I'll lead the first smoke-free bus tour of bars R.T. Rybak, Mayor of Minneapolis, MN said. "If you want to sell a beer to the mayor, go smoke-free."" • Steve Henderson, City Councilor, Roswell, NM, said: "When you realize that 53,000 people a year in the United States die of second-hand smoke that is something that cannot be ignored. The fact is that we have people that have been affected. Their health has been deteriorated by second-hand smoke and that allows the government to take an active stand against second- hand smoke. Fortunately over the years we have been able to provide the statistics that show actually businesses, restaurants or bars do not suffer because of the smoking issue. In fact, more people like to go to those places because it is smoke free.i12 • Gary Schiff, Minneapolis City Council Member, denied that there was a coordinated effort between cities to enact smokefree ordinances, said "I think this all has to do with pent-up demand from the public for clean air.i13 • On making the company's Applebee's franchises smokefree, Mike Scanlon, Vice Mayor of Lexington, Kentucky and CEO of Thomas & King, said: "We believe that smoke-free is a smart business decision and one that will build our customer base in the long run. Study after study shows that smoke-free policies have a positive effect on business. What's been most important to me are the many personal conversations I've had with guests in our local neighborhood restaurants. This is what makes me confident of the bottom-line impact for Thomas and King.i14 " Regarding a smokefree ordinance in Mesa, Arizona, Scanlon stated that "business turned out great." Scanlon said business dropped briefly, then "rebounded after three months." Scanlon concluded, "Our business wasn't hurt at all." Scanlon recently decided to make all 76 of his Applebee's franchises smokefree.15 • In support of Wayne County's ordinance, Kwame Kilpatrick, Mayor, Detroit, MI ,said: "It is imperative that we protect the health and economic well being of county residents and its employees.i16 Mike Merkel, Police Chief, City of Alvin, Texas, said: "Healthy lifestyles include eating nutritious meals and enjoying meals in a smokefree environment with family, friends, and important people in our lives. Several restaurant [owners] appeared before the city council to challenge and criticize the smokefree ordinance, citing loss of business. Ironically, today these same restaurants are packed with increased business from this community and new business from surrounding communities."" • Will Toor, Mayor of Boulder, Colorado said, "The smokefree ordinance has been good for the health of our community and good for business in Boulder. Not only do Boulder's workers and 3 jmoke~ree ~ nc~oor ~ir: Good for ~ea~t~. ~jooc~ ~or ~usiness. residents appreciate the smokefree air today, but [they] will enjoy the long-term health benefits for decades to come. I am pleased that Boulder is being recognized for its smokefree workplace law.i18 • Greg Gilbert, Duluth, MN, City Councilman, said, "It's been a huge success for the city. The vast majority of people love it, and they'd be horrified to go back.i19 Mark Larson, Owner, M&M Truck Stop and Family Restaurant, Cortez, CO and State Representative for House District 59, said: "You can imagine my angst at taking my truck stop nonsmoking. After all, many truckers smoke and they are a significant percentage of my clientele. Initially, we had a few customers walk out. However, I cannot think of one customer that has not returned because of the policy. I was ready to reinstate the smoking policy in a heartbeat if things didn't work out, but all of my fears were quieted in a very short time. The no- smoking policy increased my local customer base, expanded my tourism base, and kept my truckers coming too. Now that we are smoke-free my employee absences are reduced, my facility is easier to keep clean, and seating customers is faster and simpler. Best of all, I have the peace of mind that a truck stop can successfully go nonsmoking and not lose sales volume." 20 • Robert J. Valihura Jr., Delaware State Representative, said, "It's a social norm now ... and every day that we experience smoke-free dining, it becomes ingrained in our community and lifestyle and people accept it. It would be like trying to bring smoking back on airplanes. Just think about putting lighted material on a plane now. It's almost to the point where you think - how could we ever have done that?"21 Mayor of Boston, Massachusetts, Thomas Menino said, "I am proud to support this effort on behalf of afl those workers who feel they have no economic choice but to keep a job that may be slowly killing them. No one should ever have to make the choice between working in a healthy environment, and putting food on the table. This effort will not only clear the air in Boston's workplaces, it will also promote cleaner lungs for those who work in them-protecting people is what this is all about."~ • Larry Medina, former Mayor Pro Tem, EI Paso, Texas, said: "I [initially said] there was no way I would vote for another ordinance that would tell business owners how to run their businesses." After educating himself about the health hazards of secondhand smoke, he said, "I wanted to be on the right side of the issue. Even if it meant not being on the winning side...l learned the government has a duty and responsibility to protect the public's health.i23 • Norma Jellison, Mayor of EI Cerrito, California, said: "We have received more praise for having taken [enacted a smokefree workplace and restaurant ordinance] than we have complaints. Restaurants have not complained of any adverse effects from the smoking ban. The EI Cerrito Chamber of Commerce is very supportive of the ordinance and helped in our education campaign."za Laura Millor, Mayor of Dallas, Texas, said: "It's awin-win for everybody." Miller said. "We are the No. 1 restaurant city in America, and we're going to stay that way."25 4 jmo~Ce~ree ~nc~oorAir: ~jooc~ ~or Nealth. ~,ood ~or ~usiness. REFERENCES ~ Quoted In: Hugger, S., "Filtering secondhand smoke," Missourian, June 20, 2005. z Quoted In: Carpenter, D., "In the mail :tighten smoking ban further," Grand Forks Herald, May 14, 2005. s Quoted In: Lannen, S., "Georgetown might ban some smoking," Lexington Herald-Leader, April 20, 2005. a Quoted In: Peck, J., "Councilman's smoking ban to get extra backing tonight," Huntsville Times, April 14, 2005. s Quoted In: [n.a.], "Bar smoking ban talks draws crowd," News-Review, March 11, 2005. s Quoted In: Moriarty, E., "Georgia is one step closer to becoming asmoke-free state," Atlanta Business Chronicle, February 9, 2005. Quoted In: Lawhorn, C., "Schauner wants to keep seat," Lawrence Journal-World, January 13, 2005. a Quoted In: Damast, A., "A year later, little resistance to smoking ban," Greenwich Time, April 1, 2005. s Quoted In: McCullen, S.C., "Angle's Grill, 101 join smoke-free eateries," NJ.com, January 13, 2005. '0 Quoted In: Lawhorn, Chad "Smoking compromise fizzles," Journal-World, December 15, 2004. " Quoted In: Crisp, Lacey, "Minneapolis OKs smoking ban," The Minnesota Daily, July 28, 2004. 1z Quoted In: Goble, Shannon. "City set to launch Smoke Free Air Act," Roswell Daily Record, July 22, 2004. 13 Quoted in: Crosby, J. Kennedy, T., "St. Paul council's Thune leads the rally against smoking," Star Tribune, May 15, 2004. 14 Quoted in: [n.a.], "Dayton Applebee's snuffs smoking," Dayton Business Journal, May 18, 2004. (period) 15 Quoted in: [n.a.], "Experience is proving the benefits of smoking bans," Louisville Courier-Journal, May 17, 2004. (period) 16 Quoted In: Schmitt, B., "Ban on smoking at work is passed: Wayne County rule awaits Ficano's OK," Detroit Free Press, March 19, 2004. "Quoted In: Merkel, M., "Personal communication," [2004]. '8 Quoted In: [n.a.], "[Press Release re: Boulder's smokefree ordinance]," Berkeley, CA: Americans for Nonsmokers' Rights, March 15, 2004. 19 Quoted In: Oakes, L., "In Duluth, they both love and hate their smoking ban," Star Tribune, February 21, 2004. 20 Quoted In: Larson, M., "Truck Stop Owner/Legislator Says Economic Fears Never Materialized," GASP of Colorado Web Site - http:/Iwww.gaspforair.org/gasp/, 2004. (period) 21 Quoted In: Miller, B., "Smoking ban: one year later the smoke," [n.s.], [n.d.]. ~ Quoted In: "Mayor Menino announces support for smoke-free workplaces in Boston." Media Release. Boston Public Health Commission. September 24, 2002. 2s Quoted In: Sheridan, J. "Ex-EI Paso official informs against public smoking." Texarkana Gazette, November 14, 2003. 2a Quoted In: Jellison, N., "[Letter to Madison, Wisconsin Mayor Paul R. Slogin re: EI Cerrito ordinance]," EI Cerrito: Office of the Mayor, October 16, 1992. is Quoted In: Miller, B. "Dallas Smoking Ban Now in Effect." Fort Worth Star-Telegram, March 2, 2003. 5 ' 'AMERICANS FOR NONSMOKERS' RIGHTS Defending your right to breathe smokefree air since 1976 PROVISIONS OF SMOKEFREE AIR LAWS May 2005 "Involuntary smoking is a cause of disease, including lung cancer, in healthy nonsmokers.... Simple separation of smokers and nonsmokers in the same airspace may reduce, but does not eliminate, exposure of nonsmokers to environmental tobacco smoke." The Health Consequences of Involuntary Smoking (The 1986 Surgeon General's Report on Smoking HEALTH HAZARDS OF SECONDHAND SMOKE There is now a broad consensus in the medical and scientific communities that exposure to secondhand smoke, sometimes referred to as environmental tobacco smoke (ETS), causes death and disease in nonsmokers. Although the first reports of the health hazards of secondhand smoke date back to the early 1980's, the first comprehensive report on the matter was the 1986 Surgeon General's Report on the Health Consequences of Involuntary Smoking, which concluded that: 1. Involuntary smoking is a cause of disease, including lung cancer, in healthy nonsmokers. 2. The children of parents who smoke compared with the children of nonsmoking parents have an increased frequency of respiratory infections, increased respiratory symptoms, and slightly smaller rates of increase in lung function as the lung matures. 3. The simple separation of smokers and nonsmokers within the same air space may reduce, but does not eliminate, the exposure of nonsmokers to environmental tobacco smoke.' Since the 1986 report, the evidence has continued to mount that secondhand smoke is a major public health problem. In 1993, the federal Environmental Protection Agency (EPA) classified tobacco smoke as a Group A carcinogen, and found that secondhand smoke increases the risk of lung cancer in healthy nonsmokers.Z Many other large-scale studies support the EPA's conclusions. One of these, published by the California Environmental Protection Agency in 1997, concluded that there are "developmental, respiratory, carcinogenic and cardiovascular effects for which there is sufficient evidence of a causal relationship [with exposure to ETS], including fatal outcomes such as sudden infant death syndrome and heart disease mortality, as ~ Department of Health and Human Services. The Health Consequences of Involuntary Smoking: A Report of the Surgeon General. Public Health Service, Centers for Disease Control, 1986. Z Environmental Protection Agency (EPA). Respiratory health effects of passive smoking: lung cancer and other disorders, the report of the U.S. Environmental Protection Agency. Smoking and Tobacco Control Monograph 4, Bethesda, MD: National Institutes of Health, National Cancer Institute (NCI); Environmental Protection Agency (EPA), August 1993. 2530 San Pablo Avenue, Suite J • Berkeley, California 94702 • (510) 841-3032 /FAX (510) 841-3071 www.no-smoke.org • am@no-smoke.org well as serious chronic diseases such as childhood asthma." 3 The National Cancer Institute determined in 1999 that secondhand smoke is responsible for the early deaths of as many as 65,000 Americans annualIy.4 And, in 2000, the Public Health Service's National Toxicology Program (NTP) listed secondhand smoke as a known carcinogens CREATING SMOKEFREE ENVIRONMENTS As a result of the mounting evidence of the dangers of secondhand smoke and rising pressure from nonsmokers, there has been a dramatic increase in the creation of smokefree environments in places of employment (or workplaces), restaurants, bars, and other public places over the last two decades. Smokefree environments are generally established either through legislation or voluntary policies. They are also sometimes mandated by administrative or court decrees based on federal civil rights laws. Laws prohibiting smoking in workplaces and public places may be passed by state legislatures, but more often are enacted by local city and county governing bodies, where the influence of the tobacco industry is not as strong as it is at the state level. In addition, in some states Local boards of health have the authority to enact regulations restricting smoking. (Whenever the term "ordinance" is used herein, it should be read to include the term "regulation," as well as other forms of local laws, such as resolutions and policies.) There are more than 1900 local smokefree air ordinances and regulations in the United States.6 The first ordinances, passed in the early 1980's, were usually weak and covered a limited number of environments. However, because of their success and the increased demand for smokefree air, more recent ordinances, beginning with those passed in California in the early 1990's, have tended to be much stronger and many municipalities now prohibit smoking completely in workplaces, public places, restaurants, and bars. Nationwide, 372 municipalities now have a 100% smokefree air law in effect for workplaces, and/or restaurants, and/or bars.' Moreover, eleven states -California, Connecticut, Delaware, Florida, Idaho, Maine, Massachusetts, New York, Rhode Island, South Dakota, and Utah -have 100% smokefree air laws for one or more of those venues. Altogether, 4842 municipalities are covered by such a 100% smokefree law.e Numerous private employers, restaurant owners, and others have adopted voluntary smokefree policies for various economic, legal, and health reasons. Although some voluntary policies are quite beneficial, they should not be relied on as an exclusive remedy for reducing exposure to secondhand smoke. In most places, the number of people protected by voluntary policies is s California Environmental Protection Agency, Office of Environmental Health Hazards Assessment. Health Effects of Exposure to Environmental Tobacco Smoke. Sacramento, CA: California EPA, September 1997. a National Cancer Institute (NCI). Health effects of exposure to environmental tobacco smoke: the report of the California Environmental Protection Agency. Smoking and Tobacco Control Monograph 1 D. Bethesda, MD: National Institutes of Health, National Cancer Institute (NCI), August 1999. 5 Environmental Health Information Service (EHIS), "Environmental tobacco smoke: first listed in the Ninth Report on Carcinogens," U.S. Department of Health and Human Services (DHHS), Public Health Service, NTP, 2000; reaffirmed by the NTP in subsequent reports on carcinogens, 2003, 2005. 6 American Nonsmokers' Rights Foundation. Local Tobacco Control Ordinance Database.® Unpublished data, Apri12005. ~ American Nonsmokers' Rights Foundation. Local Tobacco Control Ordinance Database.® Unpublished data, Apri12005. s American Nonsmokers' Rights Foundation. Local Tobacco Control Ordinance Database.® Unpublished data, Apri12005. 2 miniscule compared to those who are not so protected. Moreover, unlike legislation that mandates smokefree air, voluntary policies exist at the pleasure of the employer or business owner and can easily be abandoned. Federal civil rights laws, including the 1990 Americans with Disabilities Act and the Rehabilitation Act of 1973, have been used by individuals with documented heart or breathing impairments to secure smokefree workplaces and public accommodations. However, taking advantage of these statutes involves filing an administrative complaint and oftentimes a lawsuit. Furthermore, such legal battles must be won on a case-by-case basis and are, therefore, not a substitute for enactment of an effective local smokefree air law that protects everyone. AREAS COVERED BY SMOKEFREE LAWS Laws protecting nonsmokers are usually divided into three areas of coverage: enclosed workplaces, restaurants and bars (hospitality venues), and other public places. A "comprehensive" smokefree air ordinance is one that prohibits smoking in all workplaces, restaurants, and bars, but such a comprehensive law will invariably apply to other public places as well. A growing number of local laws also limit smoking outdoors, such as within a certain distance of entrances and exits to buildings where smoking is not allowed and in arenas and stadiums. Places of Employment (Workplaces) A nonsmoker who is employed is most in danger of exposure to secondhand smoke at work, where he or she spends eight hours a day or more. While people do not have to go to most public places, they do have to go to work, and no one should have to choose between their life and their livelihood. Thus, restricting smoking in the workplace is the most important element of any smokefree law. In some early ordinances, only local government offices were covered, but most recent ordinances cover both public and private workplaces, and an increasing number prohibit smoking throughout the workplace. There are 278 municipalities with a local law in effect requiring 100% smokefree workplaces.9 Restaurants and Attached Bars Although restaurants and attached bars (including bar areas) serve as both workplaces and public places, they tend to be treated separately in most ordinances, because regulating smoking in those places is almost always a contentious issue and often requires special treatment. Most older ordinances merely mandated that restaurants contain a minimum nonsmoking section, usually between 40% and 60%. However, the debate now focuses on restaurants as workplaces, and most recent ordinances require restaurants to be 100% smokefree. The move to completely eliminate smoking in restaurants began in the mid-1980s, and accelerated in the 1990's with the release of the EPA's classification of ETS as a Group A carcinogen. In 1993, a study concluded that secondhand smoke levels in restaurants are 1.6 to 2 times higher than those found in office 9 American Nonsmokers' Rights Foundation. Local Tobacco Control Ordinance Database.® Unpublished data, Apri12005. 3 workplaces and 1.5 times higher than in residences with at least one smoker.10 A report released that year by an Attorneys. General Working Group on Tobacco, recommending that fast food restaurants go smokefree, has provided additional impetus toward smokefree restaurants.l' The regulation of smoking in attached bars is relatively new, but the same health considerations for restaurant workers are equally applicable to bar workers. Indeed, the 1993 study on secondhand smoke levels in restaurants also concluded that levels in bars are 3.9 to 6.1 times higher than in offices and 4.4 to 4.5 times higher than in residences.12 It is now fairly common for smoking to be prohibited in attached bars. There are 234 municipalities with a local law in effect requiring 100% smokefree restaurants, including attached bazs." In some cases smoking is permitted in attached bars only under the condition that the bar area be fully enclosed and separately ventilated from the dining areas of the restaurant, but as discussed below, this is not a desirable option. Freestanding Bars Even though, as noted above, bar workers' exposure to secondhand smoke is four to six times higher than that of other workers, for many years policymakers were reluctant to restrict smoking in freestanding bars and taverns. Bars have often been considered to be the last refuge for smokers, who argue that smoking and drinking go hand in hand and that they should be allowed to smoke in that one venue even if smoking is prohibited in every other enclosed public place. The same hospitality industry that opposes 100% smokefree restaurants also lobbies hard to defeat any smoking restrictions in bars. Nevertheless, although regulation of smoking in freestanding bars is one of the most contentious issues involved in enacting a smokefree ordinance, communities are recognizing that employees and patrons in bars have the same right to be protected from secondhand smoke as do people in other venues, and there is a growing trend toward making freestanding bars 100% smokefree. There are 174 municipalities with a local law in effect requiring 100% smokefree bars." If your community decides that it must exempt bars from its ordinance, please contact ANR for advice on the appropriate exemption language. Public Places The most common provision in smokefree air laws is one restricting smoking in "enclosed public places." This is a broad term, which is generally defined to include buildings and facilities open to the public, such as retail stores and other businesses, theatres, museums, sports arenas, public transit facilities, health care facilities, etc. Many ordinances now also cover the common-use areas of multi-unit residential buildings (e.g., lobbies, stairways, hallways, laundry rooms) and day care centers, including those in private homes. While restaurants and bars are also enclosed public places, they are often treated in separate provisions (see above). However, some newer 10 Siegel, M. Involuntary smoking in the restaurant workplace: A review of employee exposure and health effects. Journal of the American Medical Association 270:490-493, 1993. " Attorneys General Working Group on Tobacco. Fast Food, Growing Children and Passive Smoke: A Dangerous Menu. New York, NY: New York Attorney General's Office, November 1993. 'Z Siegel, M. Involuntary smoking in the restaurant workplace: A review of employee exposure and health effects. Journal of the American Medical Association 270:490-493, 1993. 13 American Nonsmokers' Rights Foundation. Local Tobacco Control Ordinance Database.®Unpublished data, Apri12005. "American Nonsmokers' Rights Foundation. Local Tobacco Control Ordinance Database.© Unpublished data, Apri12005. 4 ordinances, which require restaurants and bars to be 100% smokefree, include them in the definition of public place. Earlier ordinances sometimes provided for smoking and nonsmoking sections in public places, but almost all ordinances now prohibit smoking altogether. Freestanding bars, as opposed to bars attached to restaurants, are often exempted from the provisions covering public places, as are some other locations such as tobacco stores and rooms in hotels or restaurants that are rented for private functions. SECTIONS OF A SMOKEFREE ORDINANCE In general, a smokefree ordinance should be as cleaz and brief as possible. The provisions should be readily understandable to laypersons and should not include any unnecessary technical legal jargon. The clearer the rules are, the easier an ordinance is to implement and enforce. (Please refer to ANR's Model Smokefree Air Ordinance.) Title The most acceptable title to an ordinance is the one that explains its objectives: "The [name of City or County] Smokefree Air Act of [year]." Findings and Intent The findings should fully set forth the medical evidence regarding the health hazazds of secondhand smoke. This evidence is the legal foundation upon which the legislating body relies for its authority to pass the law. The intent of the ordinance is twofold: To protect the public health and welfare and to guarantee the right of nonsmokers to breathe smokefree air. Definitions Key terms used in the ordinance should be precisely defined. The definitions serve not only to prevent differing interpretations from being placed on such terms as "employer" or "enclosed area," but also to indicate the extent of coverage of the ordinance, such as by listing what constitutes a "place of employment" or a "public place." It is particularly important to define the term "restaurant" to include bar azeas, or attached bars, within the restaurant. However, terms that have an obvious and narrow meaning need not be defined. Application of Ordinance to Government Facilities The ordinance should expressly state that it applies to municipal facilities. Prohibition of Smoking in Enclosed Public Places Smoking should be prohibited in ali "enclosed public places," such as health care facilities, retail stores, public transit facilities, sports arenas, museums, service lines, common-use areas of multi- unit residential buildings, and day care centers. Although the term "public place" is defined in the definitions section, for purposes of clarity this section should list all of the places to be covered by the smoking prohibition. However, it should also include language stating that the list "includes, but is not limited to" the listed areas, which will insure that the provision will be interpreted to include all public places, as that term is defined, even if particular places aze not listed. 5 Prohibition of Smoking in Restaurants and Bars Smoking should be prohibited in all restaurants, which should be defined to include any bar facilities within a restaurant, and freestanding bars. This can be accomplished either by stating the prohibition in a separate section or by simply defining "public place" to include restaurants and bars and then listing them among the enclosed public places in which smoking is prohibited, as discussed above. Prohibition of Smoking in Places of Employment Smoking should be prohibited in all enclosed places of employment without exception. This provision should apply to all public and private places of employment, regardless of the number of employees. This is done by defining "employer" to include a municipal corporation and to mean any entity that employs the services of one or more individual persons. The ordinance should also require that the smoking prohibition be communicated to all current and prospective employees. Prohibition of Smoking in Outdoor Arenas and Stadiums Smoking should be prohibited in the seating azeas of all outdoor azenas, stadiums, and amphitheaters. Reasonable Distance Smoking should be prohibited within a reasonable distance (10-25 feet) outside all enclosed areas where smoking is prohibited. This provision will ensure that smoke does not enter those areas through entrances, windows, ventilation systems, or other means. It will also protect people entering or leaving buildings from having to walk through a wall of smoke. Where Smoking Not Regulated Exceptions to smokefree ordinances should be kept to a minimum. Typical exceptions include private residences, retail tobacco stores, a percentage of hotel and motel rooms rented to guests, and private and semiprivate rooms in nursing homes. Declaration of Establishment as Nonsmoking This provision insures that any business owner may declare his or her establishment to be a nonsmoking area, regardless of whether it is covered by the ordinance. For example, a baz owner could make the bar smokefree even though bazs are exempt from regulation. Posting of Signs and Removing Ashtrays Requiring the posting of "No Smoking" signs and the removal of ashtrays from areas where smoking is prohibited enhances compliance with smokefree ordinances. Most smokers will willingly refrain from smoking when "No Smoking" signs are prominently displayed and ashtrays aze removed, thus minimizing the need for active enforcement. Nonretaliation; Nonwaiver of Rights A nonretaliation clause protects nonsmokers from retaliation by employers for exercising the right to a smokefree environment. The nonsmoking employee is protected from discharge, refusal to hire, or other retaliation. A nonwaiver of rights clause protects an employee who is 6 required to work where smoking is allowed from waiving any legal rights he or she might have against the employer for damages suffered as a result of exposure to secondhand smoke. Enforcement Enforcement is best accomplished by the City Manager or local Health Department. It is not recommended that enforcement responsibility be placed with the police, because this may lead people to believe that resources are being diverted from other law enforcement priorities. The enforcing agency should be permitted to name designees to carry out its enforcement responsibilities. Citizens should be given the right to register a complaint and initiate enforcement procedures. Violations and Penalties This provision should impose penalties on both people who smoke in an area where smoking is prohibited and employers and business owners who fail to comply with the ordinance, such as by permitting smoking where it is prohibited or by not posting the required "No Smoking" signs. Violations should be civil rather than criminal; most ordinances classify violations as an infraction. The criminal justice system is already overburdened, and violations of smokefree ordinances are usually not a high priority with law enforcement officials or the courts. The ordinance should establish a graduated fine structure, which increases with multiple violations. It should also specify that each day a violation occurs is a separate and distinct violation. Although seldom invoked, fines provide enforcing agencies with a "stick" to achieve compliance. Public Education The purpose of this provision is to insure that the general public understands the purposes and scope of the ordinance. When people understand the health hazards of secondhand smoke and know just where smoking is prohibited, voluntary compliance with the law will be heightened. Governmental Agency Cooperation This provision will make it more likely that other governmental entities, even though not within the jurisdiction of the municipality enacting the ordinance, will nevertheless voluntarily extend the smoking prohibitions of the ordinance to their facilities. Other Applicable Laws This provision is designed to make it clear that even if certain places are not covered by the ordinance, smoking may nevertheless be prohibited in those places by other laws. Liberal Construction This is a standard clause that is used to direct the courts to interpret the law in such a way that the purpose of the law, to protect people from the health hazards of secondhand smoke, will be furthered. In effect, the clause requires the courts to resolve any ambiguities in the law in favor of that purpose. Severability 7 This is a standard clause that preserves all other provisions of the ordinance even if one or more provisions aze found to be invalid by a court. Effective Date An ordinance will usually go into effect 30 days after enactment, but sometimes that time frame is extended to allow for adjustment to the new rules. It is reasonable to provide for some flexibility in this regazd, but delays in implementation beyond 90 days should be avoided. SPECIAL CONSIDERATIONS In most cases, when a comprehensive smokefree ordinance is proposed, one or two aspects become controversial even though the bulk of the ordinance draws little opposition. The following are azeas that may generate debate: 100% smokefree vs. Smoking and Nonsmoking Sections Early ordinances often provided for separate smoking and nonsmoking sections in some locations, such as certain public places, restaurants, and even workplaces. However, we have known for many years that sepazate sections do not adequately protect nonsmokers. The U.S. Surgeon General determined in 1986 that the simple separation of smokers and nonsmokers within the same air s~ace may reduce, but does not eliminate, the exposure of nonsmokers to secondhand smoke.' As long as smoking and nonsmoking sections shaze the same ventilation system, the toxic components of secondhand smoke circulate throughout the building. Thus, sound public policy dictates that smoking should be prohibited in all enclosed places of employment, restaurants, and public places. Smokefree ordinances are clearer and simpler to enforce than those permitting smoking sections, which require negotiation between smokers and nonsmokers over the use of common air space. See below for a discussion of ventilation as an inadequate means of eliminating secondhand smoke from a nonsmoking section. Ironically, the tobacco industry, which vigorously opposed smoking and nonsmoking sections in the 1970's and 1980's, now advocates separate sections in restaurants and other hospitality venues. However, although sepazate sections may reduce nonsmoking restaurant patrons' perception of their exposure to secondhand smoke, they do not eliminate that exposure or the harmful effects emanating from it. In addition, separate sections provide no protection for restaurant employees who are forced to work in the smoking section. These employees are usually not covered under the workplace provisions of an ordinance and thus they need to be specifically covered under the restaurant provisions. The tobacco industry has put together an array of supporters in the hospitality industry who do its bidding by opposing 100% smokefree ordinances on the spurious ground that they will lose business if such an ordinance is enacted. Bowling Alleys and Bingo Parlors Prohibiting smoking in places such as bowling centers and bingo parlors maybe contentious, primarily because they are places of entertainment and the business community argues that people will not go there if they can't smoke. But smoking should be completely eliminated in these and other venues for all the usual reasons; the health hazards of secondhand smoke are just 15 Department of Health and Human Services. The Health Consequences of Involuntary Smoking: A Report of the Surgeon General. Public Health Service, Centers for Disease Control, 1986. as serious in one place as another. Furthermore, the perception that smokers will stop going to these facilities has repeatedly been refuted by the experience of municipalities that have eliminated smoking in them. Casinos and Other Gambling Venues The recent proliferation of casinos and other gambling venues has given rise to a new battleground over secondhand smoke. Generally speaking, the same hospitality industry that forms the opposition to smokefree restaurant and bar laws has speazheaded the effort to defeat smoking regulations in casinos, and it is using all the same discredited azguments. This issue has arisen primarily at the state level and one state, Delawaze, has successfully made its casinos smokefree. California law also provides for smokefree card rooms, but the many casinos on tribal land are beyond the jurisdiction of the state. Any community that does have a casino or other gambling venue within its jurisdiction should include it within the coverage of a smokefree law. Private Clubs Some ordinances exempt private clubs from the smoking prohibitions, but this is not recommended. In places where this has been done, some restaurants and bars have tried to establish themselves as private clubs in order to avoid compliance with the law. For example, they may chazge a nominal fee to customers so that they can claim to be membership organizations. Private club exemptions often become a mechanism for the hospitality industry to undermine or roll back smokefree laws. Ventilation Ventilation is often touted as a means of removing secondhand smoke from enclosed azeas. However, ventilation systems cannot remove many of the harmful constituents of secondhand smoke. The Environmental Protection Agency recognizes no safe level of exposure to Group A carcinogens and has determined that secondhand smoke cannot be reduced to safe levels in businesses by high rates of ventilation.16 Current ventilation standards for tobacco smoke developed by the American Society of Heating, Refrigerating and Air Conditioning Engineers (ASHIZAE) are based on a presumption of a smokefree environment, because ASHRAE acknowledges the overwhelming body of evidence pointing to the fact that cognizant health authorities have not determined a safe level of exposure to secondhand smoke.' ~ In spite of this, the tobacco industry and its allies attempt to convince business owners and policymakers to believe the myth that improved ventilation is a suitable substitute for smokefree air laws. However, ventilation only addresses the odor of secondhand smoke, and even the tobacco companies acknowledge that it cannot purport to address the health issues relating to is Environmental Protection Agency (EPA). Respiratory health effects of passive smoking: lung cancer and other disorders, the report of the U.S. Environmental Protection Agency. Smoking and Tobacco Control Monograph 4, Bethesda, MD: National Institutes of Health, National Cancer Institute (NCI); Environmental Protection Agency (EPA), August 1993. ~~ American Society of Heating, Refrigerating and Air-Conditioning Engineers. ASHRAE Standard 62-2001: Ventilation for Acceptable Indoor Air Quality, revised. Atlanta, GA: ASHRAE, 2002. 9 secondhand smoke.ta Thus, legislation that relies on ventilation to protect people from the health hazards of secondhand smoke does nothing to protect the public health, and gives building owners and occupants the false impression that there is no health risk when the risk is still present. Some ordinances allow smoking in separately ventilated rooms in workplaces and in separately ventilated attached bars. The biggest problem with respect to these exceptions to a 100% smokefree law is that the people who clean the separately ventilated rooms at workplaces and the employees who work in separately ventilated attached bars are exposed to inordinately high levels of secondhand smoke. Moreover, ventilation is never fully effective in preventing smoke from penetrating to the nonsmoking areas of the workplace or restaurant. GENERAL REFERENCES • American Society of Heating, Refrigerating and Air-Conditioning Engineers. ASHRAE Standard 62-2001: Ventilation for Acceptable Indoor Air Quality, revised. Atlanta, GA: ASHRAE, 2002. • American Nonsmokers' Rights Foundation. Clearing the Air. Berkeley, CA: American Nonsmokers' Rights Foundation, 1996. • American Nonsmokers' Rights Foundation. Local Tobacco Control Ordinance Database.®Unpublished data, Apri12005. • Americans for Nonsmokers' rights [et a1.]. Fundamentals of Clean Indoor Air Policy. Americans for Nonsmokers' Rights, 2002. • Attorneys General V~Iorking Group on Tobacco. Fast Food, Growing Children and Passive Smoke: A Dangerous Menu. New York, NY: New York Attorney General's Office, November 1993. • California Environmental Protection Agency, Office of Environmental Health Hazards Assessment. Health Effects of Exposure w Environmental Tobacco Smoke. Sacramento, CA: California EPA, September 1997. • Department of Health and Human Services. The Health Consequences of Involuntary Smoking: A Report of the Surgeon General. Public Health Service, Centers for Disease Control, 1986. • Department of Health and Human Services. Major Local Tobacco Control Ordinances in the United States. Smoking and Tobacco Control Monograph No.3. Public Health Service, National Cancer Institute, 1993. • Environmental Health Information Service (EHIS). Environmental tobacco smoke: f rst listed in the Ninth Report on Carcinogens. U.S. Department of Health and Human Services (DHHS), Public Health Service, NTP, 2000, 2003, 2005. • Environmental Protection Agency (EPA). Respiratory health effects of passive smoking: lung cancer and other disorders, the report of the U.S. Environmental Protection Agency. Smoking and Tobacco Control Monograph 4. Bethesda, MD: National Institutes of Health, National Cancer Institute (NCI); Environmental Protection Agency (EPA), August 1993. • Glantz, S.A. & Parxuley, W. Passive smoking and heart disease: Epidemiology, physiology, and biochemistry. Circulation 83:1-12, 1991. • Glantz, S.A. & Smith, L. The effect of ordinances requiring smokefree restaurants on restaurant sales in the United States. American Journal of Public Health, 87:1687-1693, 1997. • Hanauer, P. & Glantz, S.A. Legislative Approaches to a Smoke Free Society. Berkeley, CA: American Nonsmokers' Rights Foundation, 1986. • National Cancer Institute (NCI). Health effects of exposure to environmental tobacco smoke: the report ojthe Cal forma Environmental Protection Agency. Smoking and Tobacco Control Monograph 10, Bethesda, MD: National Institutes of Health, National Cancer Institute (NCI), August 1999. , • National Institute for Occupational Safety and Health. Current Intelligence Bulletin 54: Environmental Tobacco Smoke in the Workplace: Lung Cancer and Other Health Effects. U.S. Department of Health and Human Services, Ccabers for Disease Control, National Institute for Occupational Safety and Health, June 1991. 18 Philip Morris, Options Website: http://www.pmoptions.com. 10 Pertschuk, M. & Shopland, D. (editors). Major Local Smoking Ordinances in the United States: A Detailed Matrix of the Provisions of Workplace, Restaurant, and Public Places Smoking Ordinances. U.S. Department of Health and Human Services, National Cancer Institute, 1989. Repace, J.L. & Lowrey, A.H. A quantitative estimate of nonsmokers' lung cancer risk from passive smoking. Environment International 11:3-22, 1985. Siegel, M. Involuntary smoking in the restaurant workplace: A review of employee exposure and health effects. Journal of the American Medical Association 270:490-493, 1993. © Americans for Nonsmokers' Rights, 1996, revised 1998, 2003, 2005 w:filesllmateriallpospaperlProvisions of Smokefree Air Laws.doc [PP-04] 11 ' 'AMERICANS FOR NONSMOKERS' RIGHTS Defending your right to breathe smokefree air since 1976 Common Mistakes in Drafting smokefree Indoor Air Ordinances August 2004 1) Defining a term without using it in the substantive provisions of the ordinance. Examples of this include the terms "bar" and "place of employment." Defining such terms without actually using them creates confusion as to what the ordinance really covers. Thus, if you define "bar" and the ordinance makes public places smokefree, without mentioning bars, there will be uncertainty as to whether the ordinance makes bars smokefree. 2) Using ambiguous or contradictory language. This leads to enforcement problems and makes it more likely that the ordinance can be challenged in court. Examples of this include making restaurants smokefree but exempting bars without clearly indicating whether the exemption includes bar areas within restaurants, and both including a place under the smoking restrictions and exempting it from those restrictions. When in doubt, spell it out. 3) Amending an ordinance without carrying forward all the provisions from the old ordinance that are meant to be kept in the new ordinance. An example of this problem is strengthening an ordinance to make workplaces and public places 100% smokefree, but failing to include coverage of workplaces in the operative provisions of the new ordinance. 4) Providing for separately ventilated smoking rooms. There is no safe level of exposure to secondhand smoke, and there is no known ventilation system that will prevent secondhand smoke from permeating nonsmoking areas and adversely affecting people in those areas. Moreover, separately ventilated smoking rooms offer no protection for employees who work in those rooms and may even exacerbate their situation by concentrating all the smoking into one place. Even if no employee is required to work in a separately ventilated smoking room, the people who clean the room will be exposed to the secondhand smoke. Further, allowing ventilation systems makes it difficult to strengthen the law in the future, because places that have installed them will complain that their investment in the systems will have been lost if the law is changed. 5) Exempting factories, warehouses, etc. from the workplace smoking restrictions. All employees, not just those who work in an office or in a business open to the public, should be protected from the health hazards of secondhand smoke. There is no safe level of exposure to secondhand smoke, so the argument that, because of their large size, factories and warehouses should be exempt from the law is not valid. Nor should there be any distinction in protecting people from secondhand smoke between blue-collar and white-collar workers. 6) Allowing smoking in private offices in the workplace. Because most buildings have shared ventilation systems, smoke from a private office can travel throughout the building, exposing everyone in the building to the health hazards of secondhand smoke. Further, nonsmokers who must enter the private offices for business purposes will also be exposed to secondhand smoke. 2530 San Pablo Avenue, Suite J • Berkeley, California 94702 • (510) 841-3032 /FAX (510} 841-3071 www.no-smoke.org • am@no-smoke.org 7) Allowing smoking in the workplace if all persons are smokers or consent to smoking. This kind of provision is unacceptable because it creates a situation in which peer pressure, rather than an enforceable law, is the determining factor as to whether smoking is allowed. A nonsmoker who is outnumbered by smokers in a small office, or whose supervisor smokes, may believe that he will be subject to harassment, or even termination, if he complains about others' smoking. Even some smokers may prefer to have a smokefree office, but would feel the pressure from fellow smokers to .allow smoking in the office. Further, once an office develops a "smoking allowed" policy, it will be difficult for a nonsmoker to be hired without agreeing to that policy. 8) Allowing smoking in common work areas or offices as long as nonsmokers are not present. This is a corollary to the above provision and is unacceptable for the same reasons. Again, such a provision puts peer pressure on nonsmokers either not to work in the same areas as smokers or to declare that they don't mind the smoking. Further, because smoke lingers in places for as long as two weeks, allowing smoking in a work area or office during certain times will result in exposure to secondhand smoke by employees who enter those areas or offices during other times. 9) Giving nonsmokers preference in workplace disputes only if that does not interfere with normal business operations. This provision gives employers a free pass to say that any rule limiting smoking in a particular area of the workplace will interfere with business operations and, therefore, is not feasible. To the extent that smoking is permitted in any workplace, nonsmokers should be provided every opportunity to avoid being exposed to secondhand smoke, and that should not be dependent on any perceived problems with business operations. 10) Providing that employees may not be required to work in a smoking room or area without signing a consent form. This kind of provision, usually used in connection with restaurants and bars that allow smoking in separate rooms or areas, puts undue pressure on employees, particularly new employees, to either agree to endanger their health or risk losing their jobs. If a smoking room or area is created and service must be provided there, then some employee or employees will have to work there, and the employer will expect that one or more employees will volunteer for the job. If nobody volunteers, the employer will necessarily have to replace one or more employees with people who are willing to risk their health to get a job. Also, consent forms are a means for employers to evade their liability for work-related health hazards. 11) Providing that restaurants, bars, or other places can comply with the law by simply posting their smoking policy. Such a provision (generally referred to as a "Red LightlGreen Light" policy) does not result in any protection for nonsmokers, but merely gives the impression that something has been done to solve the problem, thus encouraging lawmakers to claim that no further legislation is necessary. Moreover, even if customers can choose between smoking and nonsmoking establishments, employees cannot. 12) Allowing restaurants to choose to be bars and, thus, be exempt from the smoking restrictions. This is sometimes done in one of two ways: a) providing that restaurants may be bars during certain hours of operation, orb) providing that restaurants may choose to be bars during any particular licensing period, usually one year. Such provisions allow places that are, in reality, restaurants to skirt the intent of the law. They also cause confusion among the public as to what smoking restrictions are applicable in a given restaurant and add to enforcement problems. 2 13) Establishing separate rules for restaurants and bars, based on the date that they obtained their operating permit. By grandfathering in establishments that already have a permit as of a particular date, this provision locks in a two-tier system of smoking regulations. It is unfair to both employees and customers of older establishments not to allow them to benefit from the same smokefree air enjoyed in newer establishments. Since there is no real cost for a restaurant or bar to go smokefree, there is no legitimate economic argument for permitting older establishments to avoid the smoking regulations. 14) Restricting smoking in specified places only during certain hours of operation. Such provisions are generally found with respect to restaurants and bowling alleys, usually in an attempt to make a distinction in the law with respect to when minors are present. First, smokefree laws are meant to protect employees as well as members of the general public, and allowing smoking at any part of the day will expose employees to secondhand smoke. Second, smokefree laws are important for everyone, not just minors. Third, because smoke lingers in places for as long as two weeks, allowing smoking in a restaurant or bowling alley at night, but not in the morning, will result in exposure to secondhand smoke by both the morning and evening workers and customers. Lastly, these provisions create confusion and are very difficult to enforce. 15) Providing that smoking is permissible so long as minors are not allowed on the premises. Smokefree laws are meant to protect employees as well as members of the general public, and allowing smoking when minors are not present does not fulfill that objective. Moreover, smokefree laws are important for everyone, not just minors. Adult customers of businesses deserve to be protected from the health hazards of secondhand smoke as much as children. And, as is true with # 14 above, these provisions create confusion and are very difficult to enforce. 16) Allowing restaurants or other places to permit smoking on the premises upon payment of a licensing or other fee. Such an arrangement is nothing more than granting an establishment a license to pollute and harm the health of its employees and customers. 100% smokefree laws are meant to protect all employees and customers, not merely those in businesses that can't afford to pay a pollution fee. 17) Giving tax incentives for businesses that ban smoking. This is the converse of the rule that an ordinance should not permit smoking on the premises upon payment of a licensing or other fee, and is equally wrong. First, such a provision does not actually require businesses to prevent smoking on their premises. In this respect, it is like a "Red Light/Green Light" provision (see #11 above). Tax incentives merely reward businesses for doing something that they should be required to do in any case -protecting the health of their employees and customers. It would be like giving tax incentives for restaurants that have clean kitchens. Further, such a provision does not result in any protection for nonsmokers, but merely gives the impression that something has been done to solve the problem, thus encouraging lawmakers to claim that no further legislation is necessary. 100% smokefree laws are meant to protect all employees and customers, not merely those in businesses that can't afford to forego a monetary incentive. 18) Granting exemptions for particular places, which are inconsistent with the objectives of the ordinance. Smokefree ordinances are intended to protect employees and customers of all 3 businesses, not just some. Although there are some standard exemptions to ordinances that are consistent with this objective (such as private residences and retail tobacco stores), exemptions that try to single out specific businesses are not. Examples of this include truck stops, bowling alleys, and bingo halls. 19) Making a "reasonable distance "provision unreasonable. Smokefree ordinances generally contain a "reasonable distance" provision, requiring that a certain number of feet around building entrances, windows, and ventilation systems be Smokefree so that smoke is not allowed to drift into the building. It is important not to make the distance so great that it is impractical to enforce and appears to be unreasonable. Although there is no specific number of feet that is best for all purposes, most ordinances provide for 20 or 25 feet. 20) Including overly long phase-in provisions. Except under unusual circumstances, ordinances normally become effective sometime within 30-90 days of enactment. Smokefree ordinances typically provide for some phase-in period so that the employers and businesses subject to the law can prepare for its implementation and so that the authorities can adequately prepare for enforcement procedures. But, at the behest of restaurant and bar owners, ordinances sometimes provide for overly long phase-in periods, even for as long as two or three years. Such a long period serves no purpose other than to postpone implementation of the law as long as possible or even to allow for the possible repeal of the law before it goes into effect. Restaurants and bars can fully prepare for a smokefree law by simply putting up a few signs and removing their ashtrays. If the sense of the community is that restaurants and bars should be smokefree, then there is no reason to postpone that from happening. 21)Including a so-called "sunset provision, "allowing the ordinance to expire as of a certain date. This kind of provision carries with it the inference that there is some reason to doubt the validity of the law and puts the burden on the public health community not only to prove that the law is working successfully after a specified period, but also to work for its renewal. A law that is enacted to protect the public health should be permanent and not subject to political pressures to let it expire. [PP-29] W:\FILES\MATERIAL\POSPAPER\Common Mistakes in Drafting Ordinances PP-29.doc 4 ~' AMERICAN NONSMOKERS' RIGHTS FOUNDATION Defending your right to breathe Smokefree air since.i 976 Municipalities with Local 100% Smokefree Laws currently i~r effect us of October 1, 2007 Only municipalities with ordinances or regulations that do not allow smoking in attached bars or separately ventilated rooms and do not have size exemptions are listed here. A state or local municipality can pass a Workplace*, Restaurant**, or Bar law, or any combination of the three. For state law information, please see the last pages. Municipality State 100% Smokefree Workplaces 100% Smokefree Restaurants 100% Smokefree Freestanding Bars 1. Anchorage AK Yes Yes Yes 2. Barrow AK Yes 3. Bethel AK Yes 4. Dillingham AK Yes 5. Fairbanks AK Yes 6. Juneau AK Yes 7. Sitka AK Yes Yes 8. Auburn AL Yes Yes 9. Bayou La Batre AL Yes Yes Yes 10. Birmingham AL Yes 11. Citronelle AL Yes Yes Yes 12. Cottonwood AL Yes Yes Yes 13. Decatur AL Yes Yes Yes 14. East Brewton AL Yes Yes Yes 15. Fairfield AL Yes Yes 16. Fairhope AL Yes Yes 17. Flomaton AL Yes Yes Yes 18. Foley AL Yes Yes 19. Geneva AL Yes 20. Gulf Shores AL Yes Yes Yes 21. Headland AL Yes Yes 22. Homewood AL Yes Yes 23. Luverne AL Yes Yes 24. Opelika AL Yes Yes 25. Opp AL Yes 26. Orange Beach AL Yes Yes Yes 27. Oxford AL Yes Yes Yes 28. Prichard AL Yes Yes 29. Robertsdale AL Yes Yes 30. Talladega AL Yes Yes Yes 31. Fairfield Bay AR Yes Yes Yes 32. Fayetteville AR Yes 33. Highfill AR Yes Yes 34. Pine Bluff AR Yes 35. Chandler AZ Yes 36. Coconino County AZ Yes Yes 2530 San Pablo Avenue, Suite J • Berkeley, California 94702 • (510) 841-3032 /FAX (510) 841-3071 www.no-smoke.org • am .no-smoke.ora Page I of 17 Municipality State .100% Smokefree Workplaces 100% Smokefree Restaurants 100% Smokefree Freestanding. Bacs: 37. Cottonwood AZ Yes 38. Flagstaff AZ Yes Yes Yes 39. Gilbert AZ Yes Yes Yes 40. Goodyear AZ Yes 41. Guadalupe AZ Yes Yes Yes 42. Nogales AZ Yes 43. Prescott AZ Yes Yes Yes 44. Santa Cruz County AZ Yes 45. Sedona AZ Yes Yes Yes 46. Surprise AZ Yes 47. Tempe AZ Yes Yes Yes 48. Alameda County CA Yes Yes Yes 49. Auburn CA Yes 50. Belmont CA Yes 51. Belvedere CA Yes 52. Berkeley CA Yes Yes Yes 53. Blue Lake CA Yes Yes Yes 54. Burlingame CA Yes 55. Butte County CA Yes 56. Calabasas CA Yes Yes Yes 57. Calexico CA Yes Yes 58. Calistoga CA Yes 59. Camarillo CA Yes 60. Capitols CA Yes 61. Ceres CA Yes 62. Chico CA Yes Yes Yes 63. Chino Hills CA Yes 64. Clayton CA Yes 65. Colfax CA Yes 66: Contra Costa County CA Yes Yes Yes 67. Cotati CA Yes 68. Cupertino CA Yes 69. Danville CA Yes 70. Davis CA Yes Yes Yes 71. Del Mar CA Yes Yes Yes 72. Dublin CA Yes Yes 73. EI Cerrito CA Yes Yes 74. Emeryville CA Yes Yes 75. Fairfax CA Yes 76. Fort Bragg CA Yes 77. Fremont CA Yes Yes 78. Gilroy CA Yes Yes 79. Goleta CA Yes 80. Hayward CA Yes 81. Hughson CA Yes 82. Imperial Beach CA Yes Yes Yes 83. Laguna Hills CA Yes Yes Yes 84. Laguna Woods CA Yes Yes Yes Page 2 of 17 Municipality ~ State .10Q°/a Smokefree Workplaces 1.00% Smokefree Restaurants 100% Smokefree Freestanding- Bars 85. Larkspur CA Yes 86. Lathrop CA Yes 87. Livermore CA Yes 88. Marin County CA Yes Yes Yes 89. Mendocino County CA Yes 90. Merced CA Yes 91. Mill Valley CA Yes 92. Millbrae CA Yes Yes Yes 93. Mission Viejo CA Yes Yes 94. Modesto CA Yes Yes 95. Monterey County CA Yes Yes 96. Moorpark CA Yes 97. Mountain View CA Yes Yes 98. Napa CA Yes Yes 99. Napa County CA Yes 100. Newark CA Yes Yes Yes 101. Ojai CA Yes 102. Orange County CA Yes 103. Paradise CA Yes 104. Pasadena CA Yes Yes 105. Patterson CA Yes 106. Petaluma CA Yes 107. Pittsburg CA Yes Yes 108. Pleasanton CA Yes 109. Rancho Cucamonga CA Yes Yes 110. Richmond CA Yes 111. Roseville CA Yes 112. Sacramento CA Yes 113. Sacramento County' CA Yes 114. Salinas CA Yes Yes 115. San Anselmo CA Yes 116. San Bernardino County CA Yes 117. San Carlos CA Yes Yes Yes 118. San Diego County CA Yes Yes 119. San Francisco CA Yes 120. San Jose CA Yes Yes Yes 121. San Juan Bautista CA Yes Yes 122. San Luis Obispo CA Yes Yes 123. San Mateo CA Yes Yes Yes 124. San Mateo County CA Yes 125. San Rafael CA Yes 126. San Ramon CA Yes 127. Santa Barbara CA Yes Yes Yes 128. Santa Barbara County CA Yes 129. Santa Clara CA Yes Yes 130. Santa Clara County CA Yes Yes Yes 131. Santa Clarita CA Yes 132. Santa Cruz CA Yes Page 3 of 17 . Municipality . _- . _ State ' 100% Smokefree `-Workplaces- .100% Smokefree Restaurants 100%.Smokefree `Freestanding Bars. 133. Santa Cruz County CA Yes 134. Santa Rosa CA Yes 135. Saratoga CA Yes 136. Sausalito CA Yes 137. Scotts Valley CA Yes 138. Sebastopol CA Yes 139. Shaffer CA Yes Yes 140. Shasta County CA Yes Yes 141. Solano County CA Yes 142. Sonoma County CA ~ Yes 143. Stanislaus County CA Yes 144. Temecula CA Yes Yes Yes 145. Tiburon CA Yes Yes 146. Tracy CA Yes 147. Tuolumne County' (except the ci of Sonora CA Yes 148. Ukiah CA Yes 149. Union City CA Yes Yes 150. Vallejo CA Yes 151. Ventura CA Yes 152. Ventura County CA Yes 153. Visalia CA Yes Yes 154. Watsonville CA Yes 155. Yountville CA Yes 156. Alamosa CO Yes 157. Arvada CO Yes Yes Yes 158. Avon CO Yes Yes Yes 159. Boulder CO Yes 160. Boulder County CO Yes Yes Yes 161. Breckenridge CO Yes Yes 162. Dillon CO Yes Yes 163. Eagle County CO Yes Yes Yes 164. Firestone CO Yes 165. Fort Collins CO Yes Yes Yes 166. Frisco CO Yes Yes 167. 'Golden CO Yes Yes 168. Grand Junction CO Yes Yes 169. Greeley CO Yes Yes 170. Longmont CO Yes Yes 171. Louisville CO Yes Yes 172. Loveland CO Yes Yes 173. Monte Vista CO Yes Yes 174. Pueblo CO Yes Yes Yes 175. Rifle CO Yes Yes 176. Silverthorne CO Yes Yes 177. S~owmass Village CO Yes Yes Yes 178. Steamboat Springs CO Yes Yes 179. Summit County CO Yes Yes Page 4 of 17 Municipality State 100.% Smokefree Workplaces 100% Smokefree Restaurants 100% Smokefree Freestanding Bars 180. Superior CO Yes 181. Telluride CO Yes Yes Yes 182. Timnath CO Yes Yes Yes 183. Washington DC Yes Yes Yes 184. Athens/Clarke County+ GA Yes Yes 185. Berkeley Lake GA Yes Yes 186. Buena Vista GA Yes Yes Yes 187. Columbia County GA Yes Yes 188. Cordele GA Yes 189. Decatur GA Yes Yes 190. DeKalb County GA Yes 191. Douglas GA Yes Yes 192. Douglas County GA Yes 193. Douglasville GA Yes 194. Effingham County GA Yes Yes 195. Gainesville GA Yes Yes 196. Loganville GA Yes Yes 197. Madison GA Yes 198. Morrow GA Yes Yes Yes 199. Peachtree City GA Yes 200. Tift County GA Yes Yes 201. Tifton GA Yes 202. Valdosta GA Yes Yes 203. Honolulu HI Yes Yes 204. Maui County` HI Yes 205. Arlington Heights IL Yes Yes 206. Barrington IL Yes Yes Yes 207. Bedford Park IL Yes Yes Yes 208. Berwyn IL Yes 209. Bloomington IL Yes Yes Yes 210. Buffalo Grove IL Yes Yes Yes 211. Burr Ridge IL Yes Yes Yes 212. Chicago Heights IL Yes 213. Cook County` (except those areas governed by an ordinance of another governmental entity) IL Yes Yes Yes 214. Deerfield IL Yes Yes Yes 215. DeKalb IL Yes Yes Yes 216. Elk Grove Village IL Yes Yes Yes 217. Evanston IL Yes Yes Yes 218. Hanover Park IL Yes Yes 219. Hawthorn Woods IL Yes Yes Yes 220. Highland Park IL Yes Yes Yes 221. Hinsdale IL Yes Yes Yes 222. Hoffman Estates IL Yes Yes 223. Indian Head Park IL Yes 224. Justice IL Yes Page 5 of 17 Muinicipality State 100%-Smokefree Workplaces 100% Smokefree Restaurants 100%.Smokefree Freestanding Bars 225. La Grange IL Yes 226. Lake Forest IL Yes Yes Yes 227. Libertyville IL Yes Yes Yes 228. Lincolnshire IL Yes 229. Lincolnwood IL Yes Yes Yes 230. Lindenhurst IL Yes Yes Yes 231. Long Grove IL Yes 232. Mclean County IL Yes Yes 233. Mount Prospect IL Yes 234. Niles IL Yes 235. Normal IL Yes Yes Yes 236. Northbrook IL Yes Yes 237. Oak Park tL Yes Yes Yes 238. Orland Park IL Yes Yes Yes 239. Palatine IL Yes Yes Yes 240. Park Forest IL Yes Yes Yes 241. Park Ridge IL Yes Yes Yes 242. Riverside IL Yes Yes 243. Rolling Meadows IL Yes Yes Yes 244. Sangamon County IL Yes Yes Yes 245. Schaumburg IL Yes Yes 246. Skokie IL Yes 247. Springfield IL Yes Yes 248. Steger IL Yes 249. Tinley Park IL Yes Yes Yes 250. Urbana IL Yes Yes Yes 251. Vernon Hills IL Yes Yes Yes 252. Westchester IL Yes 253. Wheaton IL Yes Yes 254. Wheeling IL Yes 255. Wilmette IL Yes Yes Yes 256. Allen County+ (except those cities that choose to opt out) IN Yes Yes 257. Avon IN Yes Yes 258. Bloomington IN Yes Yes Yes 259. Carmel IN Yes Yes 260. Columbus IN Yes Yes 261. Delaware County` IN Yes 262. Fort Wayne IN Yes Yes Yes 263. Franklin IN Yes 264. Goshen IN Yes 265. Greencastle IN Yes Yes Yes 266. Greenfield IN Yes Yes 267. Greensburg IN Yes Yes 268. Greenwood IN Yes Yes Page 6 of.17 Municipality State 100°/a Smokefree Workpiaces 100% Smokefree Restaurants 100% Smokefree Freestanding Bars 269. Indianapolis/Marion County` (except the cities of Beech Grove, Lawrence, Southport, and S eedwa IN Yes Yes 270. Jeffersonville IN Yes Yes 271. Kokomo IN Yes Yes 272. Lawrence IN Yes Yes 273. Madison IN Yes Yes 274. Monroe County' IN Yes Yes Yes 275. Plainfield IN Yes Yes Yes 276. Seymour IN Yes Yes 277. Shelbyville IN Yes 278. Speedway IN Yes Yes 279. Valparaiso IN Yes 280. Vanderburgh County (except the ci of Evansville IN Yes 281. West Lafayette IN Yes Yes Yes 282. Whitestown IN Yes 283. Zionsville IN Yes Yes Yes 284. Abilene KS Yes 285. Bel Aire KS Yes Yes 286. Fairway KS Yes Yes Yes 287. Garden City KS Yes Yes 288. Johnson County KS Yes Yes 289. Lawrence KS Yes Yes 290. Olathe KS Yes Yes Yes 291. Prairie Village KS Yes 292. Roeland Park KS Yes Yes Yes 293. Walton KS Yes Yes 294. Ashland KY Yes Yes Yes 295. Elizabethtown KY Yes Yes Yes 296. Frankfort KY Yes Yes 297. Georgetown KY Yes Yes Yes 298. Hardin County KY Yes Yes Yes 299. Henderson KY Yes 300. Letcher County` KY Yes 301. Lexington/Fayette County` KY Yes Yes 302. Louisville/Jefferson County+ KY Yes Yes Yes 303. Madison County+ KY Yes Yes Yes 304. Morehead KY Yes Yes Yes 305. Oldham County+ KY Yes 306. Paducah KY Yes Yes Yes 307. Paintsville KY Yes 308. Gibsland LA Yes 309. Grambling LA Yes 310. Lafayette LA Yes Page 7 of 17 .- - ~ Municipality _ State 400%o`Smokefree :yyorkplaces .100% Smokefree Restaurants -100% Smokefree :Freestanding Bars 311. Lafayette Parish+ LA Yes 312. Mandeville LA Yes 313. Sulphur LA Yes 314. Abington MA Yes Yes Yes 315. Acushnet MA Yes 316. Adams MA Yes 317. Amherst MA Yes Yes Yes 318. Andover MA Yes 319. Aquinnah MA Yes 320. Arlington MA Yes Yes Yes 321. Ashland MA Yes 322. Barnstable MA Yes Yes 323. Barre MA Yes Yes 324. Belchertown MA Yes Yes 325. Bellingham MA Yes 326. Belmont MA Yes Yes 327. Beverly MA Yes Yes Yes 328. Boston MA Yes Yes 329. Bourne MA Yes Yes Yes 330. Braintree MA Yes Yes Yes 331. Brewster MA Yes Yes Yes 332. Bridgewater MA Yes Yes Yes 333. Brimfield MA Yes Yes Yes 334. Brookline MA Yes 335. Cambridge MA Yes Yes 336. Canton MA Yes Yes Yes 337. Carver MA Yes Yes Yes 338. Chatham MA Yes Yes 339. Chelsea MA Yes Yes Yes 340. Chilmark MA Yes Yes Yes 341. Cohasset MA Yes Yes 342. Concord MA Yes Yes 343. Dedham MA Yes Yes Yes 344. Dover MA Yes Yes 345. Dracut MA Yes 346. Duxbury MA Yes Yes Yes 347. Easthampton MA Yes Yes Yes 348. Easton MA Yes Yes 349. Edgartown MA Yes Yes Yes 350. Egremont MA Yes Yes Yes 351. Essex MA Yes Yes Yes 352. Everett MA Yes Yes Yes 353. Framingham MA Yes Yes Yes 354. Freetown MA Yes Yes Yes 355. Great Barrington MA Yes Yes Yes Page 8 of l7 Municipality ` ~ 'State 100% Smokefree Workplaces. 100% Smokefree Restaurants 1D0%Smokefree 'Freestanding Bars 356. Hancock MA Yes Yes Yes 357. Hatfield MA Yes 358. Haverhill MA Yes Yes 359. Hingham MA Yes Yes 36.0. Holbrook MA Yes 361. Holliston MA Yes Yes Yes 362. Holyoke MA Yes 363. Hopkinton MA Yes Yes 364. Hubbardston MA Yes Yes 365. Lee MA Yes Yes Yes 366. Leicester MA Yes Yes 367. Lenox MA Yes Yes Yes 368. Lexington MA Yes Yes Yes 369. Lincoln MA Yes Yes Yes 370. Littleton MA Yes Yes 371. Lynn MA Yes Yes Yes 372. Marblehead MA Yes 373. Marion MA Yes Yes Yes 374. Marshfield MA Yes 375. Mashpee MA Yes Yes Yes 376. Maynard MA Yes Yes 377. Medfield MA Yes Yes Yes 378. Melrose MA Yes Yes 379. Middleton MA Yes Yes Yes 380. Millville MA Yes Yes Yes 381. Monterey MA Yes Yes Yes 382. Nantucket MA Yes Yes Yes 383. Needham MA Yes Yes Yes 384. New Braintree MA Yes Yes 385. Newburyport MA Yes 386. Newton MA Yes Yes 387. Norfolk MA Yes Yes 388. North Adams MA Yes 389. Northampton MA Yes 390. Norton MA Yes Yes 391. Norwood MA Yes Yes Yes 392. Oak Bluffs MA Yes Yes Yes 393. Orleans MA Yes Yes 394. Peabody MA Yes Yes Yes 395. Plymouth MA Yes Yes 396. Provincetown MA Yes Yes 397. Quincy MA Yes Yes Yes 398. Reading MA Yes Yes 399. Revere MA Yes Yes Yes 400. Richmond MA Yes Yes Yes Page 9 of l7 Municipality 'State ;100% Smokefree Workplaces 900% Smokefree Restaurants ..1.00% Smokefree `Freestanding Bars 401. Salem MA Yes Yes Yes 402. Sandwich MA Yes Yes Yes 403. Saugus MA Yes Yes Yes 404. Scituate MA Yes Yes 405. Sharon MA Yes Yes 406. Somerville MA Yes Yes Yes 407. Southborough MA Yes Yes Yes 408. Sterling MA Yes Yes 409. Stockbridge MA Yes Yes Yes 410. Stoneham MA Yes Yes 411. Tisbury MA Yes Yes Yes 412. Truro MA Yes Yes Yes 413. Tyringham MA Yes Yes Yes 414. Wakefield MA Yes Yes Yes 415. Walpole MA Yes Yes Yes 416. Wareham MA Yes Yes 417. Watertown MA Yes Yes Yes 418. Wayland MA Yes Yes 419. Wellesley MA Yes 420. Wellfleet MA Yes Yes 421. West Tisbury MA Yes 422. Westford MA Yes Yes Yes 423. Westport MA Yes Yes Yes 424. Westwood MA Yes Yes 425. Weymouth MA Yes Yes Yes 426. Whately MA Yes Yes 427. Williamstown MA Yes Yes 428. Woburn MA Yes 429. Wrentham MA Yes Yes Yes 430. Yarmouth MA Yes Yes 431. Charles County MD Yes 432. Gaithersburg MD Yes 433. Howard County MD Yes Yes Yes 434. Kensington MD Yes Yes 435. La Plata MD Yes Yes 436. Montgomery County MD Yes Yes 437. Prince George's County+ MD Yes Yes 438. Rockville MD Yes Yes 439. Takoma Park MD Yes Yes 440. Talbot County` MD Yes 441. Alger County+ MI Yes 442. Berrien County+ MI Yes 443. Detroit MI Yes 444. Grand Rapids MI Yes 445. Lenawee County+ MI Yes Page 10 of 17 Municipality- ~ State ' 100% Smokefree Workplaces 100% Smokefree Restaurants .100% Smokefree Freestanding Bars 446. Mackinac County` MI Yes 447. Marquette MI Yes 448. Marquette County` MI Yes 449. Midland County+ MI Yes 450. Saint Clair County' MI Yes 451. Schoolcraft County' MI Yes 452. Traverse City MI Yes 453. Washtenaw County+ MI Yes 454. Beltrami County+ MN Yes 455. Bloomington MN Yes Yes Yes 456. Carlton County` MN Yes Yes Yes 457. Duluth ~ MN . Yes 458. Golden- Valley MN Yes Yes ~ Yes 459. Hennepin County` MN Yes Yes 460. Hutchinson MN Yes Yes Yes 461. Mankato MN Yes Yes Yes 462. McLeod County+ MN Yes 463. Minneapolis MN Yes Yes 464. Moorhead MN Yes 465. Olmsted County+ MN Yes Yes Yes 466. Saint Paul MN Yes Yes 467. Ballwin MO Yes Yes Yes 468. Columbia MO Yes Yes 469. Independence MO Yes Yes Yes 470. Kirksville MO Yes Yes 471. Lee's Summit MO Yes Yes Yes 472. Maryville MO Yes 473. Nixa MO Yes 474. Aberdeen MS Yes Yes 475. Greenwood MS Yes Yes Yes 476. Hattiesburg MS Yes Yes Yes 477. Hernando MS Yes Yes Yes 478. Jackson MS Yes 479. Mantachie MS Yes Yes Yes 480. Mayersville MS Yes Yes Yes 481. Metcalfe MS Yes Yes Yes 482. Oxford MS Yes Yes 483. Ridgeland MS Yes Yes Yes 484. Starkville MS Yes Yes Yes 485. Tupelo MS Yes Yes Yes 486. West MS Yes 487. Bozeman MT Yes Yes 488. Great Falls MT Yes 489. Helena MT Yes Yes Yes 490. Montreat NC Yes Page I1 of 17 - Municipality State ,1A0% Smokefree VI[orkplaces 100% Smokefree ~ Restaurants 100% Smokefree. Freestanding. Bars 491. Bismarck ND Yes 492. Fargo ND Yes 493. Grafton ND Yes 494. Grand Forks ND Yes 495. West Fargo ND Yes 496. Lincoln NE Yes Yes Yes 497. Omaha NE Yes 498. Atlantic City NJ Yes Yes Yes 499. Highland Park Borough NJ Yes 500. Holmdel Township NJ Yes 501. Livingston Township NJ Yes 502. Manville Borough NJ Yes 503. Albuquerque NM Yes 504. Bayard NM Yes Yes Yes 505. Carlsbad NM Yes 506. Dona Ana County NM Yes Yes Yes 507. Edgewood NM Yes Yes Yes 508. Espanola NM Yes Yes Yes 509. Farmington NM Yes Yes 510. Mesilla NM Yes Yes Yes 511. Portales NM Yes Yes 512. Roswell NM Yes Yes 513. Santa Clara NM Yes Yes 514. Santa Fe NM Yes Yes Yes 515. Dutchess County` NY Yes Yes 516. Nassau County' NY Yes Yes Yes 517. New York City NY Yes Yes Yes 518. Onondaga County` NY Yes 519. Suffolk County' NY Yes Yes Yes 520. Tompkins County` NY Yes Yes Yes 521. Westchester County` NY Yes Yes Yes 522. Bexley OH Yes Yes Yes 523. Centerville OH Yes 524. Columbus OH Yes Yes Yes 525. Dublin OH Yes Yes Yes 526. Findlay OH Yes .527. Gahanna OH Yes Yes Yes 528. Grandview Heights OH Yes Yes Yes 529. Granville OH Yes Yes Yes '530. Heath OH Yes Yes Yes 531. Hilliard OH Yes 532. Marble Cliff OH Yes Yes Yes 533. New Albany OH Yes Yes Yes 534. Newark OH Yes 535. Powell OH Yes Yes Yes Page 12 of l7 Municipality State 100% Smokefree Workplaces 100% Smokefree -Restaurants i00% Smokefree Freestanding Bars 536. Summit Counry+ OH Yes Yes Yes 537. Upper Arlington OH Yes Yes Yes 538. Westerville OH Yes Yes Yes 539. Worthington OH Yes Yes Yes 540. Baker City OR Yes 541. Benton County OR Yes 542. Central Point OR Yes 543. Corvallis OR Yes Yes Yes 544. Eugene OR Yes Yes Yes 545. Lake Oswego OR Yes 546. Manzanita OR Yes 547. Philomath OR Yes Yes Yes 548. Rockaway Beach OR Yes 549. Saint Helens OR Yes 550. Tillamook OR Yes 551. Tillamook County OR Yes 552. Tualatin OR Yes 553. Wheeler OR Yes 554. Allegheny County` PA Yes 555. New Hope PA Yes Yes 556. Philadelphia PA Yes 557. Scranton PA Yes 558. Beaufort County SC Yes Yes Yes 559. Bluffton SC Yes 560. Charleston SC Yes Yes 561. Columbia SC Yes Yes 562. Hilton Head Island SC Yes Yes 563. Liberty SC Yes 564. Mount Pleasant SC Yes Yes Yes 565. Sullivan's Island SC Yes Yes 566. Abilene TX Yes Yes Yes 567. Alvin TX Yes 568. Angleton TX Yes 569. Arlington TX Yes 570. Austin TX Yes Yes Yes 571. Baytown TX Yes Yes Yes 572. Beaumont TX Yes Yes Yes 573. Benbrook TX Yes 574. Boerne TX Yes 575. Brenham TX Yes 576. Copperas Cove TX Yes Yes Yes 577. Corpus Christi TX Yes 578. Dallas TX Yes 579. EI Paso TX Yes Yes Yes 580. Frisco TX Yes Page 13 of 17 Municipality State 100% Smokefree- Workplaces ' '..,100%,Smokefree Restaurants :,400% Smokefree Freestanding Bars 581. Harlingen TX Yes Yes Yes 582. Houston TX Yes Yes Yes 583. Laredo TX Yes Yes Yes 584. Leander TX Yes 585. Marshall TX Yes Yes Yes 586. New Braunfels TX Yes 587. Plano TX Yes Yes Yes 588. Portland TX Yes Yes 589. Robinson TX Yes Yes 590. Rollingwood TX Yes Yes 591. Round Rock TX Yes Yes 592. San Antonio TX Yes 593. Socorro TX Yes Yes Yes 594. Southlake TX Yes Yes Yes 595. Vernon TX Yes Yes Yes 596. Victoria TX Yes Yes Yes 597. Woodway TX Yes Yes Yes 598. Burlington VT Yes Yes 599. South Burlington VT Yes Yes 600. Williston VT Yes Yes 601. Winooski VT Yes Yes 602. Appleton WI Yes Yes Yes 603. Beloit WI Yes 604. Madison WI Yes Yes 605. Menomonie WI Yes 606. Park Ridge WI Yes 607. Shorewood Hills WI Yes Yes Yes 608. Stevens Point WI Yes 609. Barbour County+ WV Yes Yes 610. Berkeley County` WV Yes Yes 611. Braxton County+ WV Yes Yes Yes 612. Brooke County+ WV Yes 613. Cabell County+ WV Yes 614. Calhoun County+ WV Yes 615. Clay County` WV Yes Yes 616. Fayette County` WV Yes Yes 617. Grant County' WV Yes Yes 618. Greenbrier County+ WV Yes Yes 619. Hardy County+ WV Yes 620. Harrison County+ WV Yes 621. Jackson County} WV Yes Yes 622. Jefferson County` WV Yes 623. Kanawha County' WV Yes 624. Lewis County+ WV Yes Yes 625. Lincoln County' WV Yes Yes Yes Page l4 of 17 Municipality State 100% Smokefree Workplaces 100%Smokefree Restaurants 100%Smokefree Freestanding Bars 626. Marion County` WV Yes Yes 627. Marlinton WV Yes Yes Yes 628. Marshall County` WV Yes 629. McDowell County` WV Yes 630. Mercer County+ WV Yes Yes 631. Mineral County` WV Yes 632. Mingo County` WV Yes 633. Monroe County WV Yes Yes 634. Morgan County` WV Yes Yes 635. Nicholas County` WV Yes 636. Ohio County` WV Yes Yes Yes 637. Pendleton County` WV Yes 638. Pleasants County` WV Yes 639. Pocahontas County` WV Yes Yes Yes 640. Preston County' WV Yes 641. Putnam County+ WV Yes Yes Yes 642. Raleigh County` WV Yes 643. Randolph County' WV Yes Yes Yes 644. Ritchie County` WV Yes 645. Roane County' WV Yes 646. Summers County' WV Yes Yes 647. Tucker County+ WV Yes Yes Yes 648. Upshur County' WV Yes Yes Yes 649. Wayne County` WV Yes 650. Webster County` WV Yes Yes Yes 651. Wirt County' WV Yes 652. Wood County` WV Yes 653. Wyoming County' WV Yes Yes Yes 654. Cheyenne WY Yes Yes 655. Evanston WY Yes Yes 656. Laramie WY Yes Yes Yes Total: 656, in 35 states and By 507 461 344 the District of Columbia Provision: 'Law pertains to both incorporated and unincorporated areas of county Additional Summary Counts Total Number of Municipalities that are 100% Smokefree in Both Workplaces and Restaurants ................................................................................................................ 312 Total Number of Municipalities that are 100% Smokefree in Both Restaurants and Freestanding Bars ......................................................................................................... 342 Total Number of Municipalities that are 100% Smokefree Workplaces, Restaurants, and Freestanding Bars ......................................................................................................... 239 Page I S of 17 State and Commonwealth Laws • Arizona State law, which prohibits smoking in enclosed workplaces, including restaurants and bars, can be found in AZ Rev. Statutes §36-601.01 (2006), and covers all 88 municipalities in that state, including any listed here. • California State law, which prohibits smoking in restaurants and bars, can be found in CA Labor Code §6404.5 (1994), and covers all 536 municipalities in that state, including any listed here. • Colorado State law, which prohibits smoking in restaurants and bars, can be found in CO .Rev. Statutes §25- 14-201 et seq. (2006), and covers all 269 municipalities in that state, including any listed here. • Connecticut State law, which prohibits smoking in restaurants and bars, can be found in CT Code §19a-342 (2003), and covers all 208 municipalities in that state, including any listed here. • District of Columbia See table above. • Delaware State law, which prohibits smoking in enclosed workplaces, including restaurants and bars, can be found in DE Statutes, Title 16, Ch. 29 §2901 et seq. (2002), and covers all 60 municipalities in that state, including any listed here. • Florida State law, which prohibits smoking in enclosed workplaces, including restaurants, can be found in the FL Constitution, Art. X, §20 (2002) and FL Statutes §386.201 et seq. (1999, 2003), and covers all 468 municipalities in that state, including any listed here. • Hawaii State law, which prohibits smoking in enclosed and partially enclosed workplaces, including restaurants and bars, can be found in HI Rev. Statutes Ch. 328J (2006), and covers all 5 municipalities in that state, including any listed here. • Idaho State law, which prohibits smoking in restaurants, can be found in ID Statutes, §39-5501 et seq. (2004), and covers all 202 municipalities in that state, including any listed here. • Louisiana State law, which prohibits smoking in enclosed workplaces, including restaurants, can be found in LA Rev. Statutes §§40:1300.251 et seq., 40:1300.255, 40:1300.261 et seq. (2006), and covers all 302 municipalities in that state, including any listed here. • Maine State law, which prohibits smoking in restaurants and bars, can be found in 22 ME Rev. Statutes §1541 et seq. (2003), and covers all 533 municipalities in that state, including any listed here. • Massachusetts State law, which prohibits smoking in enclosed workplaces, including restaurants and bars, can be found in MA General Laws Chapter 270, §22. (2004), and covers all 351 municipalities in that state, including any listed here. • Minnesota State law, which prohibits smoking in enclosed workplaces, including restaurants and bars, can be found in MN Statutes, §144.411 et seq. (2007), and covers all 2670 municipalities in that state, including any listed here. • Montana State law, which prohibits smoking in enclosed workplaces, including restaurants, can be found in MT Code §50-40-101 et seq. (2005), and covers all 129 municipalities in that state, including any listed here. • Nevada State law, which prohibits smoking in enclosed workplaces, including restaurants, can be found in NV Rev. Statutes Ch. 202 (2006), and covers all 19 municipalities in that state, including any listed here. • New Hampshire State law, which prohibits smoking in restaurants and bars, can be found in NH Revised Statutes Ch. 155, §64 et seq. (2007), and covers all 234 municipalities in that state, including any listed here. • New Jersey State law, which prohibits smoking in enclosed workplaces, including restaurants and bars, can be found in NJ Statutes §26:3D-55 et seq. (2006), and covers all 566 municipalities in that state, including any listed here. • New Mexico State law, which prohibits smoking in restaurants and bars, can be found in NMSA §24-16-1 et seq. (2007), and covers all 101 municipalities in that state, including any listed here. • New York State law, which prohibits smoking in enclosed workplaces, including restaurants and bars, can be found in NY Public Health Code, Art. 13-E, §1399-N et seq. (2003), and covers alt 1691 municipalities in that state, including any listed here. • North Dakota State law, which prohibits smoking in enclosed workplaces, can be found in ND Century Code §23-12-09 et seq. (2005), and covers all 361 municipalities in that state, including any listed here. • Ohio State law, which prohibits smoking in enclosed workplaces, including restaurants and bars, can be found in OH Rev. Statutes Ch. 3794 (2006), and covers all 942 municipalities in that state, including any listed here. • Puerto Rico Commonwealth law, which prohibits smoking in all workplaces, including restaurants and bars, can be found in Act No. 40 (1993), Act No. 66 (2006), and covers all 78 municipalities in that Commonwealth, including any listed here. • Rhode Island State law, which prohibits smoking in enclosed workplaces, including restaurants and bars, can be found in RI General Laws, Title 23, Chapter 20.10 (2004), and covers all 39 municipalities in that state, including any listed here. Page l6 of I7 • South Dakota State law, which prohibits smoking in enclosed workplaces, can be found in SD Code §22-36-2 et seq. (2002), and covers all 376 municipalities in that state, including any listed here. • Utah State law, which prohibits smoking in enclosed workplaces, including restaurants, can be found in UT Code §26-38-1 et seq. (1994, 2006); Rule R392-510 (1996), and covers all 265 municipalities in that state, including any listed here. • Vermont State law, which prohibits smoking in restaurants and bars, can be found in VT Statutes Title 18, Chapter 37 (1993, 2005), and covers all 294 municipalities in that state, including any listed here. • Washington State law, which prohibits smoking in enclosed workplaces, including restaurants and bars, can be found in Revised Code of WA §70.160.020 et seq. (2005), and covers all 280 municipalities in that state, including any listed here. Note: The following state laws have been passed by legislature and signed by governor but are not yet in effect: • Illinois enacted a 100% smokefree workplace, restaurant, and bar law, which is scheduled to go into effect January 1, 2008. • Maryland enacted 100% smokefree workplace, restaurant, and bar law, which is scheduled to go into effect February 1, 2008. • Montana enacted a 100% smokefree bar law, which is scheduled to go into effect October 1, 2009. • Oregon enacted a 100% smokefree workplace, restaurant, and bar law, which is scheduled to go into effect January 1, 2009. • Utah enacted a 100% smokefree bar law, which is scheduled to go into effect January 1, 2009. 'Includes both public and private non-hospitality workplaces, including, but not limited to, offices, factories, and warehouses. "`Includes any attached bar in the restaurant. Only ordinances reviewed and analyzed by ANR Foundation staff using standardized criteria are included on these lists. Omission of a particular ordinance may be the result of differences of opinion in interpretation, or because staff have not yet analyzed the ordinance. May be reprinted with appropriate credit to American Nonsmokers' Rights Foundation. ©Copyright 1998 - 2007 American Nonsmokers' Rights Foundation. Alt rights reserved. [LS-03] Page 17 of 17 'AMERICANS FOR NONSMOKERS' RIGHTS Defending your right to breathe Smokefree air since 1976 MODEL ORDINANCE ELIMINATING SMOKING IN ALL WORKPLACES AND PUBLIC PLACES (100% SMOKEFREE) Revised February 2007 Sec. 1000. Title This Article shall be known as the Act of [year]. Sec. 1001. Findings and Intent The [name of City or County] Smokefree Air [City or County Governing Body] does hereby find that: T'he 2006 U.S. Surgeon General's Report, The Health Consequences of Involuntary Exposure to Tobacco Smoke, has concluded that (1) secondhand smoke exposure causes disease and premature death in children and adults who do not smoke; (2) children exposed to secondhand smoke are at an increased risk for sudden infant death syndrome (SIDS), acute respiratory problems, ear infections, and asthma attacks, and that. smoking by parents causes respiratory symptoms and slows lung growth in their children; (3) exposure of adults to secondhand smoke has immediate adverse effects on the cardiovascular system and causes coronary heart disease and lung cancer; (4) there is no risk-free level of exposure to secondhand smoke; (5) establishing Smokefree workplaces is the only effective way to ensure that secondhand smoke exposure does not occur in the workplace, because ventilation and other air cleaning technologies cannot completely control for exposure of nonsmokers to secondhand smoke; and (6) evidence from peer-reviewed studies shows that smokefree policies and laws do not have an adverse economic impact on the hospitality industry. (U.S. Department of Health and Human Services. The Health Consequences of Involuntary Exposure to Tobacco Smoke: A Report of the Surgeon General. U.S. Department of Health and Human Services, Centers for Disease Control and Prevention, National Center for Chronic Disease Prevention and Health Promotion, Office on Smoking and Health, 2006.) Numerous studies have found that tobacco smoke is a major contributor to indoor air pollution, and that breathing secondhand smoke (also known as environmental tobacco smoke} is a cause of disease in healthy nonsmokers, including heart disease, stroke, respiratory disease, and lung cancer. The National Cancer Institute determined in 1999 that secondhand smoke is responsible for the early deaths of approximately 53,000 Americans annually. (National Cancer Institute (NCI), "Health effects of exposure to environmental tobacco smoke: the report of the California Environmental Protection Agency. Smoking and Tobacco Control Monograph 10," Bethesda, MD: National Institutes of Health, National Cancer Institute (NCI), August 1999.) The Public Health Service's National Toxicology Program (NTP) has listed secondhand smoke as a known carcinogen. (Environmental Health Information Service (EHIS), "Environmental tobacco smoke: 2530 San Pablo Avenue, Suite J • Berkeley, California 94702 • (510) 841-3032 /FAX (510) 841-3071 www.no-smoke.org • am@no-smoke.org fast listed in the Ninth Report on Carcinogens," U.S. Department of Health and Human Services (DHHS), Public Health Service, NTP, 2000; reaffirmed by the NTP in subsequent reports on cazcinogens, 2003, 2005.) Based on a finding by the California Environmental Protection Agency in 2005, the California Air Resources Board has determined that secondhand smoke is a toxic air contaminant, finding that exposure to secondhand smoke has serious health effects, including low birth-weight babies; sudden infant death syndrome (SIDS); increased respiratory infections in children; asthma in children and adults; lung cancer, sinus cancer, and breast cancer in younger, premenopausal women; heart disease; and death. (Appendix II Findings of the Scientific Review Panel: Findings of the Scientific Review Panel on Proposed Identification of Environmental Tobacco Smoke as a Toxic Air Contaminant as adopted at the Panel's June 24, 2005 Meeting," California Air Resources Board (ARB), September 12, 2005.) There is no safe level of exposure to secondhand smoke. (Environmental Protection Agency (EPA), "Respiratory health effects of passive smoking: lung cancer and other disorders, the report of the U.S. Environmental Protection Agency. Smoking and Tobacco Control Monograph 4," Bethesda, MD: National Institutes of Health, National Cancer Institute (NCI); Environmental Protection Agency (EPA), August 1993; California Environmental Protection Agency, "Health Effects of Exposure to Environmental Tobacco Smoke," 1997; California Air Resources Boazd, "Proposed identification of environmental tobacco smoke as a toxic air contaminant," Sacramento: California Environmental Protection Agency (Cal-EPA), Air Resources Board, Stationary Source Division, Air Quality Measures Branch, Office of Environmental Health Hazard Assessment (OEHHA), September 29, 2005.) A study of hospital admissions for acute myocardial infazction in Helena, Montana before, during, and after a local law eliminating smoking in workplaces and public places was in effect, has determined that laws to enforce smokefree workplaces and public places may be associated with a reduction in morbidity from heart disease. (Sargent, Richard P.; Shepard, Robert M.; Glantz, Stanton A., "Reduced incidence of admissions for myocardial infarction associated with public smoking ban: before and after study," British Medical Journa1328: 977-980, April 24, 2004.) Secondhand smoke is particularly hazardous to elderly people, individuals with cardiovascular disease, and individuals with impaired respiratory function, including asthmatics and those with obstructive airway disease. (California Environmental Protection Agency (Cal EPA), "Health effects of exposure to environmental tobacco smoke", Tobacco Control 6(4): 346-353, Winter, 1997.) The Americans With Disabilities Act, which requires that disabled persons have access to public places and workplaces, deems impaired respiratory function to be a disability. (Daynazd, R.A., "Environmental tobacco smoke and the Americans with Disabilities Act," Nonsmokers' Yoice 1 S(1): 8-9.) The U.S. Surgeon General has determined that the simple separation of smokers and nonsmokers within the same air space may reduce, but does not eliminate, the exposure of nonsmokers to secondhand smoke. (Department of Health and Human Services. The Health Consequences of Involuntary Smoking: A Report of the Surgeon General. Public Health Service, Centers for Disease Control, 1986.) The U.S. Centers for Disease Control and Prevention has determined that the risk of acute myocazdial infarction and coronary heart disease associated with exposure to tobacco smoke is non-linear at low doses, increasing rapidly with relatively small doses such as those received from secondhand smoke or actively smoking one or two cigarettes a day, and has warned that all patients at increased risk of coronary heart disease or with known coronary artery disease should avoid all indoor environments that permit smoking. (Pechacek, Terry F.; Babb, Stephen, "Commentary: How acute and reversible are the cazdiovasculaz risks of secondhand smoke?" British Medical Journal 328: 980- 983, April 24, 2004.) 2 Given the fact that there is no safe level of exposure to secondhand smoke, the American Society of Heating, Refrigerating and Air Conditioning Engineers (ASHRAE) bases its ventilation standards on totally smokefree environments. ASHRAE has determined that there is currently no air filtration or other ventilation technology that can completely eliminate all the carcinogenic components in secondhand smoke and the health risks caused by secondhand smoke exposure, and recommends that indoor environments be smokefree in their entirety. (Samet, J.; Bohanon, Jr., H.R.; Coultas, D.B.; Houston, T.P.; Persily, A.K.; Schoen, L.J.; Spengler, J.; Callaway, C.A., "ASHRAE position document on environmental tobacco smoke," American Society of Heating, Refrigerating and Air-Conditioning Engineers (ASHRAE), 2005.) A significant amount of secondhand smoke exposure occurs in the workplace. Employees who work in smoke-filled businesses suffer a 25-50% higher risk of heart attack and higher rates of death from cardiovascular disease and cancer, as well as increased acute respiratory disease and measurable decrease in lung function. (Pitsavos, C.; Panagiotakos, D.B.; Chrysohoou, C.; Skoumas, J.; Tzioumis, K.; Stefanadis, C.; Toutouzas, P., "Association between exposure to environmental tobacco smoke and the development of acute coronary syndromes: the CARDI02000 case-control study," Tobacco Control 11(3): 220- 225, September 2002.) The Society of Actuaries has determined that secondhand smoke costs the U.S. economy roughly $10 billion a year: $5 billion in estimated medical costs associated with secondhand smoke exposure and $4.6 billion in lost productivity. (Behan, D.F.; Eriksen, M.P.; Lin, Y., "Economic Effects of Environmental Tobacco Smoke," Society of Actuaries, Mazch 31, 2005.) Numerous economic analyses examining restaurant and hotel receipts and controlling for economic variables have shown either no difference or a positive economic impact after enactment of laws requiring workplaces to be smokefree. Creation of smokefree workplaces is sound economic policy and provides the maximum level of employee health and safety. (Glantz, S.A. & Smith, L. The effect of ordinances requiring smokefree restaurants on restaurant sales in the United States. American Journal oJPublic Health, 87:1687-1693, 1997; Colman, R.; Urbonas, C.M., "The economic impact of smoke-free workplaces: an assessment for Nova Scotia, prepared for Tobacco Control Unit, Nova Scotia Department of Health," GPI Atlantic, September 2001.) Hundreds of communities in the U.S., plus numerous states, including California, Delaware, Florida, Massachusetts, Montana, New Jersey, New York, and Washington, have enacted laws requiring workplaces, restaurants, bars, and other public places to be smokefree, as have numerous countries, including Ireland, New Zealand, Norway, Scotland, Sweden, Uganda, and Uruguay. There is no legal or constitutional "right to smoke." Business owners have no legal or constitutional right to expose their employees and customers to the toxic chemicals in secondhand smoke. On the contrary, employers have a common law duty to provide their workers with a workplace that is not unreasonably dangerous. Smoking is a potential cause of fires; cigazette and cigaz burns and ash stains on merchandise and fixtures causes economic damage to businesses. ("The high price of cigarette smoking," Business & Health 1 S(8), Supplement A: 6-9, August 1997.) 3 The smoking of tobacco is a form of air pollution, a positive danger to health, and a material public nuisance. Accordingly, the [City or County Governing Body] finds and declares that the purposes of this ordinance are (1) to protect the public health and welfare by prohibiting smoking in public places and places of employment; and (2) to guarantee the right of nonsmokers to breathe smokefree air, and to recognize that the need to breathe smokefree air shall have priority over the desire to smoke. Sec. 1002. Definitions The following words and phrases, whenever used in this Article, shall be construed as defined in this Section: A. "Bar" means an establishment that is devoted to the serving of alcoholic beverages for consumption by guests on the premises ,and in which the serving of food is only incidental to the consumption of those beverages, including but not limited to, taverns, nightclubs, cocktail lounges, and cabarets. B. "Business" means a sole proprietorship, partnership, joint venture, corporation, or other business entity, either for-profit or not-for-profit, including retail establishments where goods or services are sold; professional corporations and other entities where legal, medical, dental, engineering, architectural, or other professional services are delivered; and private clubs. C. "Employee" means a person who is employed by an employer in consideration for direct or indirect monetary wages or profit, and a person who volunteers his or her services for a non-profit entity. D. "Employer" means a person, business, partnership, association, corporation, including a municipal corporation, trust, or non-profit entity that employs the services of one or more individual persons. E. "Enclosed Area" means all space between a floor and ceiling that is enclosed on all sides by solid walls or windows (exclusive of doorways), which extend from the floor to the ceiling. F. "Health Care Facility" means an office or institution providing care or treatment of diseases, whether physical, mental, or emotional, or other medical, physiological, or psychological conditions, including but not limited to, hospitals, rehabilitation hospitals or other clinics, including weight control clinics, nursing homes, long-term care facilities, homes, for the aging or chronically ill, laboratories, and offices of surgeons, chiropractors, physical therapists, physicians, psychiatrists, dentists, and all specialists within these professions. This definition shall include all waiting rooms, hallways, private rooms, semiprivate rooms, and wards within health care facilities. 4 G. "Place of Employment" means an azea under the control of a public or private employer that employees normally frequent during the course of employment, including, but not limited to, work areas, private offices, employee lounges, restrooms, conference rooms, meeting rooms, classrooms, employee cafeterias, hallways, and vehicles. A private residence is not a "place of employment" unless it is used as a child care, adult day care, or health care facility. H. "Private Club" means an organization, whether incorporated or not, which is the owner, lessee, or occupant of a building or portion thereof used exclusively for club purposes at all times, which is operated solely for a recreational, fraternal, social, patriotic, political, benevolent, or athletic purpose, but not for pecuniary gain, and which only sells alcoholic beverages incidental to its operation. The affairs and management of the organization aze conducted by a board of directors, executive committee, or similaz body chosen by the members at an annual meeting. The organization has established bylaws and/or a constitution to govern its activities. The, organization has been granted an exemption from the payment of federal income tax as a club under 26 U.S.C. Section 501. I. "Public Place" means an enclosed area to which the public is invited or in which the public is permitted, including but not limited to, banks, bars, educational facilities, gaming facilities, health caze facilities, hotels and motels, Laundromats, public transportation facilities, reception areas, restaurants, retail food production and mazketing establishments, retail service establishments, retail stores, shopping malls, sports azenas, theaters, and waiting rooms. A private club is a "public place" when being used for a function to which the general public is invited. A private residence is not a "public place" unless it is used as a child care, adult day care, or health care facility. J. "Restaurant" means an eating establishment, including but not limited to, coffee shops, cafeterias, sandwich stands, and private and public school cafeterias, which gives or offers for sale food to the public, guests, or employees, as well as kitchens and catering facilities in which food is prepared on the premises for serving elsewhere. The term "restaurant" shall include a bar area within the restaurant. K. ~"Service Line" means an indoor line in which one (1) or more persons are waiting for or receiving service of any kind, whether or not the service involves the exchange of money. L. "Shopping Mall" means an enclosed public walkway or hall azea that serves to connect retail or professional establishments. M. "Smoking" means inhaling, exhaling, burning, or carrying any lighted cigar, cigarette, pipe, or other lighted tobacco product in any manner or in any form. N. "Sports Arena" means sports pavilions, stadiums, gymnasiums, health spas, boxing arenas, swimming pools, roller and ice rinks, bowling alleys, and other similar places where members of the general public assemble to engage in physical exercise, participate in athletic competition, or witness sports or other events. Sec 1003 Application of Article to [City-Owned or County-Ownedl Facilities All enclosed facilities, including buildings and vehicles owned, leased, or operated by the {City or County] of ,shall be subject to the provisions of this Article. Sec 1004. Prohibition of Smoking in Enclosed Public Places Smoking shall be prohibited in all enclosed public places within the [City or County] of ,including but not limited to, the following places: A. Aquariums, galleries, libraries, and museums. B. Areas available to and customarily used by the general public in businesses and non- profit entities patronized by the public, including but not limited to, banks, Laundromats, professional offices, and retail service establishments. C. Bars. D. Bingo facilities. E. Child care and adult day care facilities. F. Convention facilities. G. Educational facilities, both public and private. H. Elevators. I. Gaming facilities. J. Health care facilities. K. Hotels and motels, including at least eighty percent (80%) of rooms that are rented to guests. L. Lobbies, hallways, and other common areas in apartment buildings, condominiums, trailer parks, retirement facilities, nursing homes, and other multiple-unit residential facilities. M. Polling places. N. Private clubs when being used for a function to which the general public is invited. 6 ~- O. Public transportation facilities, including buses and taxicabs, under the authority of the [City or County], and ticket, boarding, and waiting areas of public transit depots. P. Restaurants. Q. Restrooms, lobbies, reception areas, hallways, and other common-use areas. R. Retail stores. S. Rooms, chambers, places of meeting or public assembly, including school buildings, under the control of an agency, board, commission, committee or council of the [City or County] or a political subdivision of the State, to the extent the place is subject to the jurisdiction of the [City or County]. T. Service lines. U. Shopping malls. V. Sports arenas, including enclosed places in outdoor arenas. W. Theaters and other facilities primarily used for exhibiting motion pictures, stage dramas, lectures, musical recitals, or other similar performances. Sec. 1005. Prohibition of Smoking in Places of Employment A. Smoking shall be prohibited in all enclosed facilities within places of employment without exception. This includes common work areas, auditoriums, classrooms, conference and meeting rooms, private offices, elevators, hallways, medical facilities, cafeterias, employee lounges, stairs, restrooms, vehicles, and all other enclosed facilities. B. This prohibition on smoking shall be communicated to all existing employees by the effective date of this Article and to all prospective employees upon their application for employment. Sec. 1006. Prohibition of Smoking in Outdoor Areas Smoking shall be prohibited in the following outdoor places: A. Within a reasonable distance of [recommended 10-20] feet outside entrances, operable windows, and ventilation systems of enclosed areas where smoking is prohibited, so as to insure that tobacco smoke does not enter those areas. 7 B. In outdoor seating or serving areas of restaurants and within [recommended 10- 20] feet thereof. C. In all outdoor azenas, stadiums, and amphitheaters, except in designated smoking azeas, which may be established only in perimeter areas at least [recommended 10-20] feet from any seating azeas or concession stands. Smoking shall also be prohibited in, and within [recommended 10-20] feet of, bleachers and grandstands for use by spectators at sporting and other public events. D. In all public transit stations, platforms, and shelters under the authority of the [City or County]. Sec. 1007. Where Smoking Not Regulated Notwithstanding any other provision of this Article to the contrary, the following azeas shall be exempt from the provisions of Sections 1004 and 1005: A. Private residences, except when used as a childcaze, adult day Gaze, or health care facility. B. Not more than twenty percent (20%) of hotel and motel rooms rented to guests and designated as smoking rooms. All smoking rooms on the same floor must be contiguous and smoke from these rooms must not infiltrate into areas where smoking is prohibited under the provisions of this Article. The status of rooms as smoking or nonsmoking may not be changed, except to add additional nonsmoking rooms. C. Private clubs that have no employees, except when being used for a function to which the general public is invited; provided that smoke from such clubs does not infiltrate into areas where smoking is prohibited under the provisions of this Article. This exemption shall not apply to any organization that is established for the purpose of avoiding compliance with this Article. D. Outdoor areas of places of employment except those covered by the provisions of Section 1006. Sec 1008 Declaration of Establishment as Nonsmoking Notwithstanding any other provision of this Article, an owner, operator, manager, or other person in control of an establishment, facility, or outdoor azea may declare that entire establishment, facility, or outdoor azea as a nonsmoking place. Smoking shall be prohibited in any place in which a sign conforming to the requirements of Section 1009(A) is posted. Sec. 1009. Posting_of Signs A. "No Smoking" signs or the international "No Smoking" symbol (consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a red bar across it) shall be clearly and conspicuously posted in every public place and place of employment where smoking is prohibited by this Article, by the owner, operator, manager, or other person in control of that place. B. Every public place and place of employment where smoking is prohibited by this Article shall have posted at every entrance a conspicuous sign clearly stating that smoking is prohibited. Every vehicle that constitutes a place of employment under this Article shall have at least one conspicuous sign, visible from the exterior of the vehicle, clearly stating that smoking is prohibited. C. All ashtrays shall be removed from any area where smoking is prohibited by this Article by the owner, operator, manager, or other person having control of the area. Sec. 1010. Nonretaliation: Nonwaiver of Rights A. No person or employer shall discharge, refuse to hire, or in any manner retaliate against an employee, applicant for employment, or customer because that employee, applicant, or customer exercises any rights afforded by this Article or reports or attempts to prosecute a violation of this Article. Notwithstanding Section 1012, violation of this Subsection shall be a misdemeanor, punishable by a fine not to exceed $1000 for each violation. B. An employee who works in a setting where an employer allows smoking does not waive or otherwise surrender any legal rights the employee may have against the employer or any other parry. Sec. 1011. Enforcement A. This Article shall be enforced by the [Department of Health or City Manager or County Administrator] or an authorized designee. B. Notice of the provisions of this Article shall be given to all applicants for a business license in the [City or County] of C. Any citizen who desires to register a complaint under this Article may initiate enforcement with the [Department of Health or City Manager or County Administrator]. D. The Health Department, Fire Department, or their designees shall, while an establishment is undergoing otherwise mandated inspections, inspect for compliance with this Article. 9 E. An owner, manager, operator, or employee of an establishment regulated by this Article shall inform persons violating this Article of the appropriate provisions thereof. F. Notwithstanding any other provision of this Article, an employee or private citizen may bring legal action to enforce this Article. G. In addition to the remedies provided by the provisions of this Section, the [Department of Health or City Manager or County Administrator] or any person aggrieved by the failure of the owner, operator, manager, or other person in control of a public place or a place of employment to comply with the provisions of this Article may apply for injunctive relief to enforce those provisions in any court of competent jurisdiction. Sec. 1012. Violations and Penalties A. A person who smokes in an azea where smoking is prohibited by the provisions of this Article shall be guilty of an infraction, punishable by a fine not exceeding fifty dollars ($50). B. Except as otherwise provided in Section 1010(A), a person who owns, manages, operates, or otherwise controls a public place or place of employment and who fails to comply with the provisions of this Article shall be guilty of an infraction, punishable by: 1. A fine not exceeding one hundred dollazs ($100) for a first violation. 2. A fine not exceeding two hundred dollars ($200) for a second violation within one (1) yeaz. 3. A fine not exceeding five hundred dollars ($500) for each additional violation within one (1) year. C. In addition to the fines established by this Section, violation of this Article by a person who owns, manages, operates, or otherwise controls a public place or place of employment may result in the suspension or revocation of any permit or license issued to the person for the premises on which the violation occurred. D. Violation of this Article is hereby declazed to be a public nuisance, which may be abated by the [Department of Health or City Manager or County Administrator] by restraining order, preliminary and permanent injunction, or other means provided for by law, and the [City or County] may take action to recover the costs of the nuisance abatement. E. Each day on which a violation of this Article occurs shall be considered a separate and distinct violation. IO Sec. 1013. Public Education The [Department of Health or City Manager or County Administrator] shall engage in a continuing program to explain and clarify the purposes and requirements of this Article to citizens affected by it, and to guide owners, operators, and managers in their compliance with it. The program may include publication of a brochure for affected businesses and individuals explaining the provisions of this ordinance. Sec. 1014. Governmental Agency Cooperation The [City Manager or County Administrator] shall annually request other governmental and educational agencies having facilities within the [City or County] to establish local operating procedures in cooperation and compliance with this Article. This includes urging all Federal, State, [County or City], and School District agencies to update their existing smoking control regulations to be consistent with the current health findings regarding secondhand smoke. Sec. 1015.Other Applicable Laws This Article shall not be interpreted or construed to permit smoking where it is otherwise restricted by other applicable laws. Sec. 1016. Liberal Construction This Article shall be liberally construed so as to further its purposes. Sec. 1017. Severability If any provision, clause, sentence, or paragraph of this Article or the application thereof to any person or circumstances shall be held invalid, that invalidity shall not affect the other provisions of this Article which can be given effect without the invalid provision or application, and to this end the provisions of this Article are declared to be severable. Sec. 1018. Effective Date This Article shall be effective thirty (30) days from and after the date of its adoption. [MO-04] W.•IFILESIMATERIALIMODORDSICIA Comprehensive (MO-04).doc 11 United States 100% Smokefree Laws American Nonsmokers' Rights Foundation in effect as of October 1, 2007 6. Florida: The State Constitution, as implemented by statute, prohibits smoking in enclosed workplaces, including restaurants. Bars are exempt. Smoking is rohibited in ublic laces. See Florida Constitution, Art. X, § 20 (2002); Florida Statutes §386.201 et seq. (2003). [Effective Dates: W - 7/1/03; R - 7/1/03 ] 7. Hawaii: State law prohibits smoking in all enclosed and partially enclosed workplaces and public places, including restaurants and bars. "Enclosed or partially enclosed" is defined as "closed in b a roof or overhang and at least two walls." See HI Rev. Statutes Ch. 328J (2006). [Effective Dates: W - 11/16/06; R - 11/16/06; B - 11/16/06 ] 8. Idaho: State law prohibits smoking in publicly owned workplaces, in restaurants, including attached bars, and in public places. Small business owners, employing five or fewer employees, may establish separately enclosed breakrooms for smoking, as long as employees, other than custodial or maintenance employees, are not required to work there. See ID Statutes, §39-5501 et seq. (2004). [Effective Date: R - 7/1/04 ] 9. Maine: State law provides that all employers must have a written policy on smoking that aims to protect the employer and employees from the detrimental effects of smoking by others; the policy must prohibit smoking except in designated smoking areas. A private club is exempt if it has a smoking policy that is mutually agreed on by the employer and all employees and it the club ensures that only the employer, employees, members, and their guests are admitted, and demonstrates by a secret ballot that a majority of the members have voted at least once every three years to allow smoking. See 22 ME Rev. Statutes § 1580-A (1985, 2005). Smoking was prohibited in restaurants, but not in attached bars, in 1999. Smoking is now prohibited in all restaurants, bars, and public places. See 22 ME Rev. Statutes §1541 et seq. (1999, 2003). [Effective Dates: W -1/1/86; R-1/1/04; ~] 10. Massachusetts: State law prohibits smoking in all workplaces, restaurants, and bars, with limited exceptions for membership associations and smoking bars, defined as bars in which 51% or more of the revenue is generated by the sale of tobacco products. Smoking is prohibited in specified public places, although all public places with one or more employees are covered under the workplace provisions. See MA General Laws, Chapter 270, §22. (2004). [Effective Dates: W- 7/5/04; R - 7/5/04; B - 7/5/04 ] 11. Minnesota: State law prohibits smoking in prohibits smokin in all worl laces, restaurants, bars, and public places. See MN Statutes, § 144.411 et seq. (5/16/07). [Effective Dates: - 10/1/07; R -10/1/07; B -10/1/07 12. Montana: State law prohibits smoking in all workplaces, restaurants, bars (defined to include casinos), and ublic laces, but with a lengthy phase-in period for bars. See MT Code §50-40-101 et seq. (2005). [Effective Dates: W- 10/1/O5; R - 10/1/O5; B - 10/1/09 ] 13. New Hampshire: State law prohibits smoking in workplaces with four or more employees, except in designated smoking areas. Smoking is prohibited in all restaurants and bars and in private clubs when open to the public. Smoking is prohibited in specified public places; other public places ma have desi ated smoking areas. See NH Revised Statutes Ch. 155, §64 et seq. (4/27/90, 6/19/07). [Effective Dates: W - 7/1/93; R - 9/17/07; B - 9/17/07 ] 14. Louisiana: State law prohibits smoking in all workplaces; restaurants, including attached bars; and public places. Freestanding bars are exempt and smoking is permitted in designated smoking areas in facilities in which gaming operations are authorized by law, including facilities licensed for video draw oker or slot machines. See LA Rev. Statutes §§40:1300.251 et seq., 40:1300.255, 40:1300.261 et seq. (2006). [Effective Dates: W -1/1/07; R - 1/1/07 15. Nevada: State law prohibits smoking in all workplaces, restaurants, including attached bars, and public places. Freestandin bars and areas within casinos where minors are prohibited are exempt. See NV Rev. Statutes Ch. 202 (2006). [Effective Dates: W - 12/8/06; R - 12/8/06 16. New Jersey: State law prohibits smoking in all workplaces and public places, including restaurants and bars, with limited exceptions for cigar bars and cigar lounges that generate 15% or more of their total annual gross income from the sale of tobacco products and the rental of humidors, provided they are separately ventilated. The amin areas of casinos and casino simulcasting facilities are exempt. See NJ Statutes §26:3D-55 et seq. (2006). [Effective Dates: W - 4/15/06; R - 4/15/06; B - 4/15/06 17. New Mexico: State law prohibits smoking in workplaces, except those with fewer than two employees that are not open to the public. Employers in facilities that are otherwise exempt from law must provide smokefree work areas for employees who request them. Smoking is prohibited in all restaurants, bars, and public places. Gamin facilities, casinos, bingo parlors, and cigar bars are exempt. See NMSA §24-16-1 et seq. (3/13/07). [Effective Dates: W - 6/15/07; R - 6/15/07; B - 6/15/07 18. New York: State law prohibits smoking in all workplaces, restaurants, and bars, with limited exceptions for membership associations, cigar bars, and restaurants and bars when being used exclusively for functions for the primary purpose of promoting and sampling tobacco roducts. Smokin is rohibited in ublic places. See NY Public Health Code, Art. 13-E, § 1399-N et seq. (2003) [Effective Dates: W-. 7/24/03; R - 7/24/03; B - 7/24/03 ] 19. North Dakota: State law prohibits smoking in all workplaces; restaurants, except for separately enclosed bar areas; and public places. Freestanding bars; areas that are not commonly accessible to the public and are part of owner-operated businesses with no other employees; and se aratel enclosed, adult-only areas in truckstops are exempt. See ND Century Code §23-12-09 et seq. (2005). [Effective Dates: W- 8/1/05 ; R - 8/1/05] 20.Ohio: State law prohibits Smokin in all work laces and ublic laces, including restaurants and bars. See OH Rev. Statutes Ch. 3794 (2006). [Effective Dates: W - 12/7/06; R -12/7/06; B -12/7/06 21. Puerto Rico: Commonwealth law prohibits smoking in all workplaces and public places, including restaurants, bars, and casinos. Smoking is also prohibited in private cars when there is a minor in a car seat or a child under age 13 in the car. See Act No. 40 (1993), Act No. 66 (2006). [Effective Dates: W - 3/2/07; R - 3/2/07; B - 3/2/07 ] 22. Rhode Island: State law prohibits smoking in all workplaces, restaurants, and bars, with limited exceptions for smoking bars, defined as bars in which more than 50% of the revenue is generated by the sale of tobacco products, and for separately ventilated smoking gaming areas in pari mutual facilities. Employees in pari mutual facilities must be given the right to opt out of working in a smoking area. Private clubs are exempt until 10/1/06. Smoking is prohibited in public places. RI Superior Court temporarily ruled on 3/31/05 that all bars and private clubs must become smokefree immediately, rather than on 10/1/06, as provided in statute. The Legislature subsequentl enacted legislation to this effect, to be effective as of 5/4/05. See RI General Laws, Title 23, Chapter 20.10 (2004) [Effective Dates: W- 3/1/05; - 3/1/05; B - 5/4/05 ] 23. South Dakota: State law prohibits smoking in enclosed workplaces and in restaurants, exce t for those licensed to sell alcohol. Smoking is prohibited in public places. See SD Code §22-36-2 et seq. (2002). [Effective Dates: W- 7/1/02 ; R - 7/1/02] 24. Utah: State law prohibits smoking in all workplaces (except for owner-operated businesses with no employees and not open to public), restaurants, bars, and public places, but with a lengthy phase-in period for bars. Most private clubs are exem t until 1/1/07, but some are exempt until 1/1/09. See UT Code §26-38-1 et seq. (1994, 2006); Rule R392-510 (1996). [Effective Dates:~W - 5/1/06; R - 1/1/95; B 1/1/09 ] 25. Vermont: State law provides that all "employers must have a written smoking policy, which must prohibit smoking throughout the workplace or restrict it to designated enclosed areas. An employer may establish a smoking policy that permits smoking in designated unenclosed smoking areas under specified conditions. Smoking is prohibited in specified areas used or visited regularly by non-smoking employees. See VT Statues Title 18, § 1421 et seq. (1987). Smoking is prohibited in all restaurants, bars, ublic places, and private clubs. See VT Statutes Title 18, Chapter 37 (1993, 2005). [Effective Dates: W - 7/1/88; R- 9/1/05; B - 9/1/05 ] 26. Washington: State law prohibits smoking in all workplaces and ublic laces, includin restaurants, bars, and casinos. See Revised Code of WA §70.160.020 et seq. (2005). [Effective Dates: W -12/8/05; R -12/8/05; B - 12/8/05 ] Note: The following state laws have been enacted but are not yet in effect: • Illinois enacted a 100% smokefree workplace, restaurant, and bar law, which is scheduled to go into effect January 1, 2008. • Maryland enacted a 1'00% smokefree workplace, restaurant, and bar law, which is scheduled to go into effect February 1, 2008. • Oregon enacted a 100% smokefree workplace, restaurant, and bar law, which is scheduled to go into effect January 1, 2009. If you have questions about another state's law, please contact us at anr(a,no.smoke.or~, or consult http://slati.lun~usa.or~. May be reprinted with appropriate credit to the American Nonsmokers' Rights Foundation. ®Copyright 1998 - 2007 American Nonsmokers' Rights Foundation. All rights reserved. [LS-23] The Power of Local Control: Smoking Control Laws* as of 10/1/07