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HomeMy WebLinkAboutCOM 1091.109 2012-2014Greggor Ilagan Council Member District 4 — Puna Makai MEMORANDUM HAWAII COUNTY COUNCIL 25 Aupuni Street, Hilo, Hawaii 96720 DATE: December 17, 2014 Office: (808) 965 -2712 Fax: (808) 965 -2707 Email: gilagan @hawaiicounty.gov TO: Dru Mamo Kanuha, Council Chair and Members of the Hawaii County Council FROM:�Greggor Ilagan, Council Member SUBJECT: Proposed Amendments to Bill No. 302 (2012- 2014); Relating to Prohibition of Smoking in Certain Places and the Use of Electronic Smoking Devices Please see below proposed amendments to Bill No. 302. The proposed amendments are illustrated 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 underlined). 1. Section 2 of Bill No. 302 is amended by amending Section 14 -21(b) to read as follows: "(b) [Smoking of ] Except as otherwise provided in this article, smoking of cigarettes or tobacco products, or 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." 2. Section 3 of 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 tobacco stores; provided that smoke or vapor from these places shall not infiltrate into areas where smoking is prohibited under this article. (4) Outdoor, unenclosed areas of County parks and beaches for the use of electronic smoking devices only." r' A draft copy of Bill No. 302, Draft 2, with the proposed amendments incorporated therein is attached. GI /ps Comm. No 1-011. 1 Att. Ref. TO:--- Cftnej Hawaii County Is an Equal Opportunity Provider And Employer Ref. Date. 2 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 HAWAI`L• 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. [(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. [ " means any fell for- smoking fnade wholly or- in pai4 of tobaeeo, iffespeetive of size and shape , ,,a whether- or of the r.,l,aeeo is fl., <,or -e adulterated, xe .,,;rl, any other ingredient, the . of whieh is made of paper- or any othe . [(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. [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. [{}] "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. [(1-2)] "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[-,but ex 1,,. ing a "bar." if a estatffant ineludes an area devoted the ser-ving of aleoholie beverages, that area shall of the "restaurant " not a separate " this ai4iele. An establishment that is a "restaurant" shall have that status for all ho owon]. 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 g irectly 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. [O] "Smoke" or "smoking" means inhaling, [or] 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. [the F, mes of teb.,eeo o other plant material r 1,,,,-ning lighted L , smoking equipment yLothhe plant material; the pefsEfflal habit eammonly laio w„ as .,king inel,,, ing s .,king e , -ettes ;rte, FIF-S-1 [(44)] "Tobacco product" means [t„1,,,eee in form „l,,,l;., e eigmettesj 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. " 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 [ medical and [demos -] dental offices. (2) Restaurants and bowling alleys [,° ept as outlined in eetions 14 21 gal(2)(A) an , n 1(a)(2)(B) b eloyd. 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. 2 [(A) Through August 31, 2004 , smoking shall be permitted bar area of U the when the 1�..,�.;nes �rat};,r�.g the rpv�c�,4n(,`.r�a t ref pins fror designating the "Car nonsmoking. sep'arat'C.`Cj'a —area 'of a restaurant" Zi'I indoor area of a 4 ,-.t that is in eamplianee with all of the fnllewing -. (i) The area is devoted prima-rily to the serving of aleeholie beverage f^r rtion by patrons in the area. (ii) On a nthl basis, the ale of food to patrons for- iptl vI Il l the area are less tl,a., one third of the gross ales of al..eholie beverage t a4ror•s for .. r.t;or, in the a ] [(B) Beginning Septernbear.- > > a. bar a ea, as defined aL.o.,e .idea that. (i) There is a physieal separation (consisting of solid walls with no door window opening into the restn„ray.4 area) between the separate bar area an r-estattranl; ! "l T1, b totally 11 t d at least fifteen meat �rrJ— rn�°ciitranE��6 ttt°c�c^sxr— c^rr °` 's cvrcam��°cpi[rar °c -aiia cr�rccr��rrrrccr�rccz from the er.t«n.-.ae into the restaurant; and (iii) The restaurant and separate lea area h re ser,ara4e . t „4i1a t .] ivi ;ii �JL�.iL;i (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. (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. 3 (14) Smoking or the use of electronic smoking devices is prohibited[, pur- s,,,,,,t to 14 RS 3291 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 smokf* g ;S- 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) Except as otherwise provided in this article, smoking of cigarettes or tobacco products, or 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)[(4-2-)](13) and 14-21(a)[(4-4)](15). (2) Individual hotel and motel rooms that are rented to guests and are designated as smoking rooms. (3) [Bars.] Retail tobacco stores;^ provided that smoke or vapor from these places shall not infiltrate into areas where smoking is prohibited under this article. (4) Outdoor, unenclosed areas of County parks and beaches for the use of electronic smoking devices only." 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 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 smoking device 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 rd 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.