HomeMy WebLinkAboutBIL 302 Draft 01 2012-2014COUNTY OF HAWAII
ORDINANCE NO.
STATE OF HAWAII
BILL NO. 302
AN ORDINANCE AMENDING CHAPTER 14 (GENERAL WELFARE), ARTICLE 4 OF
THE HAWAII COUNTY CODE 1983 (2005 EDITION, AS AMENDED) RELATING TO
PROHIBITION OF SMOKING IN CERTAIN PLACES AND THE USE OF
ELECTRONIC SMOKING DEVICES.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Chapter 14, article 4, section 14-20 of the Hawaii County Code 1983
(2005 Edition, as amended), is amended to read as follows:
"Section 14-20. Definitions.
(a) As used in this article, unless the context requires otherwise:
[04] "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. "Incidental" means that for the prior
calendar year, gross sales of food are less than one-third of gross sales of alcoholic
beverages. A "bar" is authorized under a license issued by the department of liquor
control.
[(z)] "Bowling alley" means a building where people go to bowl.
[(-3)] "Building" means any area enclosed by a roof and at least three walls.
[(4)] "Business" means a sole proprietorship, partnership, joint venture, corporation, or
other business entity formed for profit-making purposes, including retail
establishments where goods or services are sold as well as professional corporations
and other entities where legal, medical, dental, engineering, architectural, or other
professional services are delivered.
[ " fneans an), r -ell fer- smoking made who!!), or- in part of tebaeee, iffespeetive
of size and shape and whether- or- not the tobaeea is fia�,,ored, adulter-ated, or- mixed with
af+y other ingredient, the wrapper- or- eever- of whieh is made of papef ef any othef
[(6)] "Commercial building" means a building occupied by two or more commercial
tenants.
"Electronic smoking devices" means any electronic product that can be used to
simulate smoking in the delivery of nicotine or other substances to the person inhaling
from the device including but not limited to and electronic cigarette, electronic cigar,
electronic cigarillo or electronic pipe, and any cartridge or other component of the
device or related product.
[(7)] "Enclosed or partially enclosed area(s)" means area(s) closed in by a roof or overhang
and at least two walls.
[(84] "Hotel" means a transient vacation rental, other than a bed and breakfast home
containing lodging or dwelling units.
[(s}}] "Multifamily dwelling" means a building containing more than two dwelling units.
[40)] "Nightclub" means a bar in which live entertainment is provided and in which
facilities for dancing by patrons either by live entertainment or recorded music are
provided.
[444] "Open to the public" means areas within any building available for use by or
accessible to the general public during the normal course of business conducted therein
by either private or public entities.
[(4-24] "Restaurant" means any retail eating establishment where food is served or
provided for on-site consumption by seated patrons that is authorized by the State
department of health to operate as a food establishment, including any private food
service establishment or club in which only members or their guests are permitted[-,bttt
e-X estaufantincr'uacs-air-ccrea- devoted rtv the sclwiig-vrarcvrmnc
bever-ages, that area shall be deemed paft of the "restaufant," not a separate "
fof
this ai4iele. An establishment that is a "festa-ttfant" shall have that sta4tts-fer- all hetifs
of ^per-a4 o"]. The term "restaurant" includes a bar area within the restaurant and
outdoor areas of restaurants.
"Retail tobacco store" means a store which primarily sells tobacco products and
accessories, with an entrance door opening directly to the outside, that derives more
than ninety percent of its gross revenue from the sale of tobacco products and other
smoking accessories, and in which the sale of other products is merely incidental.
"Retail tobacco store" does not include a tobacco department or section of another
business with any type of liquor, food, or restaurant license, or a store within or part of
an indoor public place or a workplace, such as a shopping mall.
"Smoke" or "smoking" means inhaling., [of] exhaling, burning, or carrying any
lighted or heated tobacco product or plant product intended for inhalation in any
manner or in any form. "Smoking" includes the use of an electronic smoking device.
smoking equipment for—tob ee--er- any other—pi te i . � i. +
� ran��A�+ material; e�seiaznl -�rrsvi-c
eommonly known as smoking, ineluding smoking eigar-ettes
> ]
"Tobacco product" means [tebaeeo in arm �'��'�„rt _ r-++es.] any product
made or derived from tobacco that contains nicotine or other substances and is
intended for human consumption or is likely to be consumed, whether smoked, heated,
chewed, absorbed, dissolved, inhaled, or ingested by any other means, including but
not limited to cigarettes, cigars, pipe tobacco, chewing tobacco, snuff, snus, or an
electronic smoking devices. "Tobacco product” does not include any product
specifically approved by the United States Food and Drug Administration for legal sale
as a tobacco cessation product that is being marketed and sold solely for that approved
purposes. "
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SECTION 2. Chapter 14, article 4, section 14-21 of the Hawaii County Code
1983 (2005 Edition, as amended) is amended to read as follows:
"Section 14-21. Prohibition of smoking in certain places.
(a) Except as otherwise provided in this article, smoking or the use of electronic smoking
devices shall be prohibited in all enclosed places within the County, including but not
limited to, the following places:
(1) Patient rooms, wards, waiting rooms, lobbies, and public hallways of public and
private health care facilities, including, but not limited to, hospitals, clinics, and
[physieians'] medical and [dentists'] dental offices.
(2) Restaurants and bowling alleys[,eV eat a „+':ne l ; eetions 14 21(av2)(_n ` and 14
21(a)(2)(R) belovd. If a restaurant or bowling alley contains an outdoor, open air or
partially enclosed seating area where food and beverages are served, smoking is
prohibited in this area of the establishment.
[(A) Thr -o h August 1, 2004, smoking sh ll be permitted : noY +0 bar- area of
r-esta-ufaf4 when the business operating the festaur-ant fe-fif ff em designating
the afea as nonsmoking.` separate bar afea of a restattfa~means an indooi
area of a + t that : in eomplianee with all of the following
(i) --The afea is devated fill to the ser -yin -g of areeholie bevefages
eensumption by patrens ;n the afea
(ii) O a monthly basis the gross ales of food to pa4r-o s for- ea su do ,
the area afe 1ess than one third of the gross ale of alcohol; be„era
ge
natre,+s fer a ratio ;n the area.]
[Beginning September-> >
bar- area, as defined above, pfovided that:
() Thefe is a hys:aal separation (eo s:stin of solid__walls with iv door- „r
window opening into the re,taufant area) between the
separate ba f n e n l
restaurant;
r
!"1 The entre into the bar- totally -ate and at least fifteen feet
4om the e,,tranee into the restaurant; an
("') The Y -est „t and separate bar area l,a,.e s rate ventilation systems.]
(3) Any enclosed or partially enclosed area or building owned, leased, operated, or
maintained by the County, except for residential dwelling units which shall be regulated
herein as multifamily dwellings.
(4) Except as provided in section 14-22, all business and not-for-profit establishments,
including but not limited to, auditoriums, theaters, halls, museums, libraries, galleries,
classrooms, private offices, conference or meeting rooms and all other enclosed
facilities. This also includes common areas, including but not limited to, work areas,
elevators, hallways, cafeterias, employee lounges, stairs, and restrooms.
(5) All enclosed or partially enclosed areas within multifamily dwellings that are open to
the common use of all unit owners or residents, including but not limited to, lobbies,
elevators, restrooms, hallways, corridors, stairways, waiting areas and recreation areas.
(6) All enclosed or partially enclosed areas within commercial buildings not subject to the
exclusive use and possession of a tenant and open to the common use of the tenants of
the building and their employees and customers, including but not limited to, common
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entrance areas, restrooms, lobbies, elevators, malls, hallways, corridors, escalators,
stairways, and waiting or rest areas within commercial buildings.
(7) In the event a building is both a multifamily dwelling and a commercial building, as
defined in this article, all common use areas except for private residences.
(8) All enclosed or partially enclosed areas within hotels that are open to the common use
of the public, hotel guests, or hotel employees, including but not limited to, restrooms,
lobbies, elevators, hallways, corridors, stairways, waiting areas, recreation areas,
banquet halls, banquet rooms, and ballrooms.
(9) In the event a building is both a commercial building and a hotel, all common use areas
except for hotel rooms rented to guests and designated as smoking rooms.
(10) All vehicles owned or leased by the County.
(11) Taxicabs.
(12) In any motor vehicle, whenever occupied by a person less than eighteen years of age.
(13) Private residences, during hours of operation, when used as a licensed child care, adult
day care or health care facility, except in residences where the care facility is
physically detached from the residence or is separated from the owner's area.
(14) Smoking or the use of electronic smoking devices is prohibited[, pur-suant to 14RS
3281 6,,] within a presumptively reasonable minimum distance of twenty feet from any
entrance to, exit from, or any fresh air intake of any enclosed area [where m^k.i^R ;-
prohibited] to insure that tobacco smoke or vapor does not enter the enclosed area
through entrances, windows, ventilation systems, or other means.
(15) Areas within private residences, during hours of operation, that are used for the care of
patients or clients in licensed residential care homes, except in residences where the
care facility is physically detached from the residence or is completely separated by a
solid wall with no other openings except closable doors or windows, which shall
remain closed during hours of operation from the owner's area where clients or
patients are not allowed.
16 Bars."
(b) [EyiEept as -other -wise pr-evided in this o of et4e teb „a,
�cz�, �r
Smoking or the use of any tobacco products, or the use of electronic smoking devices shall
be prohibited at all County parks and recreational facilities listed in section 15-68.1.
SECTION 3. Chapter 14, article 4, section 14-22, of the Hawaii County Code
1983 (2005 Edition, as amended) is amended to read as follows:
"Section 14-22. Exceptions.
[(a)] Notwithstanding any other provision of this article to the contrary, the following areas
shall be exempt:
(1) Private residences, except as prohibited in sections 14-21(a)[(1-2)](13) and
14-21(a)[(44)](15).
(2) Individual hotel and motel rooms that are rented to guests and are designated as
smoking rooms.
(3) [] Retail tobacco stores; provided that smoke or vapor from these places shall not
infiltrate into areas where smoking is prohibited under this article."
El
SECTION 4. Chapter 14, article 4, section 14-23 of the Hawaii County Code
1983 (2005 Edition, as amended) is amended to read as follows:
"Section 14-23. Posting of signs.
(a) ["Ne Smoking" signs] Clearly legible signs that include the words "Smoking is Prohibited by
Law Including E -cigarettes and All Other Electronic Smoking Devices" or the international
"No Smoking" symbol (consisting of a pictorial representation of a burning cigarette and a
symbol of an electronic smokingdevice enclosed in a red circle with a red bar across it), or
both, shall be clearly and conspicuously posted in every public place and place of
employment where smoking or the use of electronic smoking devices is prohibited by this
article, by the owner, operator, manager, or other person having control of such place.
(b) Alternate means of notification may be employed provided the effect thereof is equivalent to
the notice given by signs described in subsection (a).
(c) Every public place and place of employment where smoking or the use of electronic
smoking devices is prohibited by this article shall have posted at every entrance a
conspicuous sign clearly stating that smoking or the use of electronic smoking devices is
prohibited.
(d) Any person violating any of the provisions of this section shall be issued a notice of
violation and shall comply with the provisions of this section within ten days. Thereafter,
the violation shall carry a fine as provided in section 14-24(b) and/or 14-24(c). Each
violation cited shall constitute a separate offense."
SECTION 5. Material to be repealed is bracketed and stricken. New material is
underscored. In printing this ordinance, the brackets, bracketed and stricken materials and
underscoring need not be included.
SECTION 6. If any provision of this ordinance or the application thereof to any
person or circumstance, is held invalid, such invalidity shall not affect other provisions or
applications of the ordinance, which can be given effect without the invalid provision or
application, and to this end, the provisions of this ordinance are declared to be severable.
SECTION 7. This ordinance shall take effect on January 1, 2015.
INTRODUCED BY:
t
� k
COUNCIL MEMBE OUNTY OF HAWAII
Hawaii
Date of Introduction:
Date of 1 st Reading:
Date of 2nd Reading:
Effective Date:
REFERENCE Comm. 1091 5