HomeMy WebLinkAboutCOM 1091.020 2012-2014DENNIS "FRESH" ONISHI
Council Member
District 3
PHONE: (808) 961 -8396
FAX: (808) 961 -8912
EMAIL: donishi!a)co.hax,aii.hi.us
HAWAII COUNTY COUNCIL `' `_
25 Aupuni Street, Hilo, Hawaii 96720 c =?
DATE: November 5, 2014 -�
TO: J Yoshimoto, Council Chair N
and Members of the Hawaii County Council c
FROM: � Dennis "Fresh" Onishi, Council Member
SUBJECT: Proposed Amendments to 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.
Please find attached proposed amendments to Bill No. 302. The proposed amendments are
illustrated below in Ramseyer format with respect to the contents of Bill No. 302 (material to be
deleted is bracketed and stricken; material to be added is underscored; bolded for emphasis). A
draft copy of Bill No. 302, Draft 2, is attached with these proposed amendments incorporated
therein.
Bill No. 302 is amended by amending the definitions of "Smoke" or "smoking" to read as
follows:
" "Smoke" or "smoking" means inhaling, exhaling, burning, or carrying any lighted [or
heated] tobacco product or plant product intended for inhalation in any manner or in any
form. [" " ' ]"
2. Bill No. 302 is amended by amending the definition of "tobacco product" to read as
follows:
" "Tobacco product" means 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, [healed,] chewed, absorbed, dissolved, inhaled, or ingested
by any other means, including but not limited to cigarettes, cigars, pipe tobacco, chewing
tobacco, snuff, and snus[, ]. "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. Tobacco product also does not include
electronic smoking devices."
Comm. No O P-lu
Ref. To: S M76
Ref. Date NOV 0_R MU
3. Bill No. 302 is amended by deleting the definition of "retail tobacco store ":
4. Bill No. 302 is amended by amending Section 14 -21 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 eleetr-onie smokin
deviees] 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
medical and dental offices.
(2) Restaurants and bowling alleys. 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.
(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
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.
PJ
(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 [the —use of eleetr -onie —steel ' ] is prohibited within a
presumptively reasonable minimum distance of twenty feet from any entrance to, exit
from, or any fresh air intake of any enclosed area to insure that tobacco smoke [4w.
vapo ] 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) Smoking or the use of any tobacco products[, the use of elect -onie smoking devieecj
shall be prohibited at all County parks and recreational facilities listed in section 15 -68.1.
(c) The use of electronic smoking devices shall be prohibited in any enclosed or partially
enclosed area or building owned, leased, operated or maintained by the County."
Bill No. 302 is amended by amending Section 14 -22 to read as follows:
"Section 14 -22. Exceptions.
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)(13) and
14- 21(a)(15).
(2) Individual hotel and motel rooms that are rented to guests and are designated as
smoking rooms.
[(3) Retail tobaeeo stores; PFOVided that smoke or- vapor- from these plaees shall Hot.
infiltr-ate into aFeas wheFe smoking is pr-ohib * ted under this ]"
Bill No. 302 is amended by amending Section 14 -23 to read as follows:
"Section 14 -23. Posting of signs.
(a) Clearly legible signs that include the words "Smoking is Prohibited by Law [
c.- ettes and All Other- leetronie Smo king Deviees]" or the international "No
Smoking" symbol (consisting of a pictorial representation of a burning cigarette [and a
symbol of an eleetr-onie smoking ] 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 °'eetr -o ie ° oliin,. dykes] is prohibited by
this article, by the owner, operator, manager, or other person having control of such place.
(b) Clearly legible signs that include the words "Use of Electronic Smoking Devices is
Prohibited by Law" shall be clearly and conspicuously posted in every public place
where the use of electronic smoking devices is prohibited by this article.
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[{b)]Lcl Alternate means of notification may be employed provided the effect thereof is
equivalent to the notice given by signs described in subsection (a)[:] and subsection (b).
[(01(1) 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}](e) 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."
DO /ma
Att.
M
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 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.
[(2-)] "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.
[(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.
[(-8)] "Hotel" means a transient vacation rental, other than a bed and breakfast home
containing lodging or dwelling units.
[(�] "Multifamily dwelling" means a building containing more than two dwelling units.
[(10)] "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.
[(4-4-)] "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.
[(2)] "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[
beverages, that area shall be deemed paft of the "restaurant," not a separate "bar,"
this a4iele. An establisthment that is a 4-esta-ufant" shall have that statids fOf all hattfs-
of opt]. The term "restaurant" includes a bar area within the restaurant and
outdoor areas of restaurants.
[(}] "Smoke" or "smoking" means inhaling., [or] exhaling, burning, or carrying any
lighted tobacco product or plant product intended for inhalation in any manner or in any
form. [the ftimes of + b..,eee of any other- plant material, or burning r lighted
smoking equipment for- tobaeee of any other plai4 matefial; the pefson-Al. .4-alat. evoin-Monly
known as smoking, ineltiding smoking eigar-ettes, eigafs, of pipes.]
[(44)] "Tobacco product" means [tobaeeo in form i ^1uding eigafe tt ° °.] any , rp oduct
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, and snus. "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. Tobacco product also does not include electronic
smoking devices."
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 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
[phy-s'] medical and [dentists'-] dental offices.
(2) Restaurants and bowling alleys[, ' ^° ^„flit, °a in °°^tions 14 21 (ww n) and 14
21(a)(2)(B) below.]. 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) Through August 31, 2004, smoking shall be permitted in a separate bar- area of .,
festaur-ant when the business operating the r-estaiar-a-fit refrains fforris designating
the afea as nonsmoking. •long n "separate bar- area of a r-estatir-a t" means an iRE100f
area of ., feste,,fa t that is in eaffiplianee with all of the following:
(i) the afeea is devote•., pfimafily to the s$r-ving —of aleoholi" beverages � r
eonsumption by patrons in the area.
(;;) O a monthly basis, the gross ales of food to pa4f ns for- e ption in
the afea ° less than ° third of the gross sales of .,1..oholie beverage t ,
p tfons r^r ^ ptio in the area.]
[ >
vki-cFeE- is defined above, pi^dic °c that:
(i) There is a physieal separation (eensisting of solid ails with no doof of
window opening into the festattfant area) between the sepa-r-a4e bar- afea and
mot., r,t.
(ii) The enifanee ifite the baf area is totally separate and a4 least fif4een feet.
ftom the e}ltFanee into the iesftcatffaiit; and
(3) Any enclosed or partially enclosed area or building owned, leased, operated, or
2
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
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 is prohibited[, pur-s, ant to 14RS 3288 -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 smoking is pr-E) ,;b ; + °'] to insure that tobacco smoke
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) [ExEept -as other-wise pr-evided in this ai4iel° smoking of ,.°+.°s t„b,,eee ,. eduet ,,,.] or-
Smoking or r the use of any tobacco products shall be prohibited at all County parks and
recreational facilities listed in section 15 -68.1.
(c) The use of electronic smoking devices shall be prohibited in any enclosed or partially
enclosed area or building owned, leased, operated or maintained by the County."
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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)[0-2-)](13) and
14- 21(a)[(44)] 15 .
(2) Individual hotel and motel rooms that are rented to guests and are designated as
smoking rooms.
[ms.]"
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) [ "No Smoking" signs] Clearly legible signs that include the words "Smoking is Prohibited by
Law" 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), or both, 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 having control of
such place.
(b) Clearly legible signs that include the words "Use of Electronic Smoking Devices is
Prohibited by Law" shall be clearly and conspicuously posted in every public place where
the use of electronic smoking devices is prohibited by this article.
[(I�)](c) Alternate means of notification may be employed provided the effect thereof is
equivalent to the notice given by signs described in subsection (a)[.] and subsection (b).
[(E)](d)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)](e) 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.
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