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Home My WebLink AboutCC Ord 1376 1993-10-25 ORDINANCE NUMBER /~~b . AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH AMENDING CHAPTER 15 OF THE CODE OF THE CITY OF SEAL BEACH RELATING TO TOBACCO CONTROLS NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS: I Section 1. Section 15-23 is to be entitled Tobacco Controls and is hereby added to Chapter 15 of the Code of the City of Seal Beach as follows: Section 15-23 Tobacco Controls - Puroose and findinqs. The City Council finds and declares that tobacco smoking is a hazard to the health of the general public and an irritation to persons in enclosed areas. In order to serve the public health, safety and welfare, the declared purpose of this chapter is to promote a policy of no smoking and to regulate smoking in any public-owned building, sale of tobacco products from vending machines and advertising tobacco products. Section 15-23.1. Definitions. The following words and phrases, whenever used in this chapter, shall be constructed as defined in this section: I (a) "Person" shall mean cooperative association, representative, receiver, legal entity. (b) "Public-owned buildings" shall mean any building and/or facility owned, leased or otherwise subject to the jurisdiction or control of the City of Seal Beach. any individual, partnership, private corpo:r:::>tion, personal trustee, assignee, or any other (c) "Smoking''' shall mean inhaling, carrying any lighted cigar, cigarette, combustible substance in any manner or exhal ing, burning, or weed, plant or other in any form. (d) "Tobacco Product" shall mean any tobacco cigarette, cigar, pipe tobacco, smokeless tobacco, snuff or any other form of tobacco which may be utilized for smoking, chewing, inhalation or other manner of ingestion. (e) "Tobacco Vending Machine" shall mean any electronic or mechanical device or appliance the operation of which depends upon the insertion of money, whether in coin or paper currency, or other things of representative value, which dispenses or releases a tobacco product. Section 15-23.2. Meetinq rooms - Smokinq Drohibited. No person shall smoke in any hearing room, conference room, chamber, place of meeting or public assembly or any place where public business is conducted, and to which members of the public are admitted, whether as participants or observers. I Section 15-23.3. OUtv to DOSt siqns. "No smoking" signs shall be conspicuously posted in every room, building, or other place where smoking is pro.libited by this section, by the department head, operator, manager, or other person having control of such room, building, or other place. Section 15-23.4. Tobacco Vendinq Machines - Prohibited. Three hundred and Sixty-five (365) days after the effective date of this Ordinance or the expiration of any existing contracts for Ordinance Number 1.J1b placement of a tobacco vending machine, which ever is the sooner, tobacco vending machines or other devices for the sale or distribution of tobacco products are prohibited; provided this does not prevent the placement of such a machine or device by a licensed seller in a premises to which access by minors is expressly prohibited by law. Section 15-23.5. Tobacco Advertisements on Public Transoortation - Prohibited. It is unlawful for any person to accept or place an advertisement I for any tobacco product on or in any vehicle of public transportation owned or licensed by the City. This prohibition on tobacco advertising applies equally to transit depots and transit waiting areas and shelters. Section 15-23.6. Out-ofoackaqe Sales Prohibited. It is unlawful to sell cigarettes out of the required manufacturer's package which package will have the required health warnings. Section 15-23.7. Tobacco Samolinq Prohibited. It is unlawful for any person to distribute or furnish without charge, or cause to be distributed or furnished without charge, cigarettes or other ,tobacco products in any public place, or at any event to which the public is invited. Section 15-23.8. Violation - Penal tv It shall be unlawful for any person who owns, manages, operates or otherwise controls the use of any premises subject to regulation I under this article to fail to comply with any of its provisions. It shall be unlawful for any person to smoke in any area where smoking is prohibited by the provisions of this article. Any person, business, tobacco retailer, or owner, manager or operator of any establishment subject to this ordinance who violates any provision of this chapter shall be deemed guilty of an infraction and upon conviction shall be subject to payment of a fine in accordance with Section 1-8 of the City Code of the City of Seal Beach. Section 15-23.9. Other Aoolicable Laws. This article shall not be interpreted or construed to permit smoking where it is otherwise restricted. Section 2. If any provision, clause, sentence or paragraph of this article or the application thereof to any person or circumstance shall be held invalid, such 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. Section 3. The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause same to be published as required by law. I PASSED, APPROVED AND ADOPTED by the Seal Be~~ifornia, ~yaO~egular of the City of of held on the 1993. 4u~"tnfK~ Ma or I I I Ordinance. Number /..;1'/~ - Arnrn ;mt. ~(bH~ 40 City flerk I ............,...~''''\\\, $- ~ SEAL IJ \1\1 _ _. C ,.,..... 1'.., I, :~-.. ..c.ol.'O~",o...,..~ I,. .::! f} fl......;. "ooC' ~ '/, :tIC '.'1.. ~ '16- D. C -:= .,~ iI! . : ~ ~O: .<~, z . .._~ ~'" .c. \~..<'~ \", ..':t ..". ~;; . 0 ~ t" , I.~^.o .'>> .. ,fit' 0" ~~ l,"':.o. '. 2,. " ,,_ ~..~ C' ..........c..t-',.:5 1\,\, OONt'f. ,.,.- ',\\",,~'Il'o-.$' STATE OF CALIFORNIA } COUNTY OF ORANGE } SS CITY OF SEAL BEACH } 1, Joanne M. Yeo, City Clerk of the City of Seal Beach, California, do hereby certify that the foregoing Ordinance is an original copy of Ordinance Number /.!J ?h on file in the office of ~ ~:i:J' introduced at a meeting held on the //,# day of Z , 1993, and passed, aeprovr and adO~ the City, Council of the City of Seal Beach at a meeting held on the ~5 - day of ", -.;;y . 1993 by the following vote: AYES: ro NOES: . Councilmember d.L.c.Q ABSENT: and do hereby further certify that Ordinance Number /a .;1't,has been published pursuant to the Seal Beach City Charter and Resolution Number 2836. d , Ordinance Number ~/'&; . PROOF OF PUBLICATION (2015.5 C.C.P.) STATE OF CALIFORNIA, County of Orange This space for for the County Clerk's Filing Stamp I I am a citizen of the United States and a resident of the County afore- said; I am over the age of eighteen years, and not a party to or inter- ested in the above-entitled matter. I am the principal clerk of the printer of the SEAL BEACH SUN, a newspaper of general circulation, printed and published weeklv in the City of S9l Beach, County of Orange and which newspaper has been adjudged a newspaper of general circulation by the Superior Court of the County of Orange, State of California, under the date of 2/24f75. Case Number A82583; that the notice of which the annexed is a printed copy (set in type not smaller than nonpareil), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: Proof of Publication of Nance OF PUBUC . . . . . . . . I HEARINO.SMOKlNG REGUUnONS ~I Jo all in the year 19..ia... . . . . . . . . 'NDTICIE. HEREIY GIVEN IhId . . . . . . .. en, Council 01.. CIIy 01 SooI _ wdlanluct a pubUchaamg on Monday, ~r 11l11. 11l1lG.. 7*lp.m. in Clly Councd CIIambora, 211 .1IIh SDHI, SooI Boach, 10 ....idor!he regulaDon ol_ng and ~.1810 and _buIIon" __ produc\I. opocIticaIIr wI\II rogard 10 .. plOIibidon .. lmoIIIng In moodng 100IIII. p1_" public auambIy or -.. publIC bulinooo 10_, .. duty 10 poIIl1g.. owlodng 10 ..... .. pro lIibiDOn 0110_ _"II madllnol oncl_ 8dverIMmemI an public 1rIIII~. . you -"118" propolOcl _In court, you may bo Iim1I8d 10 roiling only "00 iIIuol you or 0; IOmIDM... railed allM pubicll-'lllldooaibodln \11I1 nDIIcI. or In wrIaan CDn'8Ipondence cloIiwofod 10 !he Clly .. or prior 10 .. public IIoaring. OAlED lHlS 28\11 dllJ Sopll_. 11183 "...,. M. V.... ClIy CIork. CIIy 01 5001_ _~bor30. 11183 I I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at SeAl Beach, California, this 3D day of ~--L.:k....19..ia... ~~~k SigftSture PUBLICATION PROCE~SED BY: THE SUN NEWSPAPERS 216 Main Street P.O. Box 755 Seal Beach, CA 90740 (310)430-7555 I Ordinance Number ~~~t? I PROOF OF PUBLICATION This space for for the County Clerk's (2015.5 C.C.P.) Filing Stamp STATE OF CALIFORNIA, County of Orange I am a citizen of the United States and a resident of the County afore- said; I am over the age of eighteen Proof of Publication of years, and not a party to or Inter- ested in the above-entitled matter. . . , . . . SUMMARY ORDINANCE I am the principal clerk of the printer ....... . NUMBER 1376 of the SEAL BEACH SUN, a newspaper ESTABUSHING TOBACCO of general circulation, printed and .... e. REGULAnOlaCOllTllOLS ....... . published weeklv in the City of SiW 0.11_"'_ 1m"'.. Citr Beach. County of Orange and which "'----- newspaper has been adjudged a .....",. I&.. ..I,. '-'\J\, ....ID................'" newspaper of general circulation by ~In""'_,,_ the Superior Court of the County of a_c) ............. 1UIIa...... II -....--.. Orange, State of California, under the ' ......_01_-.. "*'*-. t:lIIIIIcI:a ........... date of 2124nS. Case Number A82S83; . .....0101_........ I that the notice of which the annexed _InpIIng, TI1o~ _.........11II_... is a printed copy (set in type not ........-In --'...... __........ar.. smaller than nonpareil), has been _I.' . QocInMceNumblr published in each regular and entire 1371_CDI1IIdI..lnllrpublc -"11III ftll..-.g... issue of said newspaper and not in __1Ir.....-._: AYES: -.IlDono,."".,.., any supplement thereof on the ........ following dates, to-wit: _: LaaIo -- Cdo.L J/ 0.,,__ ........1371w1. ---....... , .........."".......... .. all In the year 19..aa... ....... CIII' --.. '" ......,. 0cIDb0r 25, 1l113. CapIn "'~_'I7II.. I certify (or declare) under penalty of _!ram" -"'''ClIJ ClollI, Cltr 11II, 21 1.1lh-" perjury that the foregoing is true and -1IoMh; ........(110) 431. correct. 2S27 DIlltDTHIS 121hdar"'0cIDb0r. 1_ Dated at Seal Beach, California, ...... M. YIO. ClIJ ClIrk car"'-_ this ....d.J.~ day of Oo/..k-, ,19..aa... _oa. 21. 1" ..~. A> r;2-L c..... _ Slg!)ature I PUBLICATION PROCESSED BY: THE SUN NEWSPAPERS 216 Main Street P.O. Box 755 Seal Beach, CA 90740 (310)430-7555 Ordinance Number ~;7~ PROOF OF PUBLICATION (2015.5 C.C.P.) STATE OF CALIFORNIA, County of Orange This space for for the County Clerk's Filing Stamp I am a citizen of the United States and a resident of the County afore- said; I am over the age of eighteen years, and not a party to or inter- ested In the above-entitled matter. I am the principal clerk of the printer of the SEAL BEACH SUN, a newspaper of general circulation, printed and published weeklv In the City of Sel Beach, County of Orange and which newspaper has been adjudged a newspaper of general circulation by the Superior Court of the County of Orange, State of California, under the date of 2124n5. Case Number A82583; that the notice of which the annexed Is a printed copy (set in type not smaller than nonpareil), has been published in each regular and entire Issue of said newspaper and not In any supplement thereof on the following dates, to-wit: ~~~/.... 'I all in the year 19..ia.... I certify (or declare) under penalty of perjury that the foregoing is true and correct. I Proof of Publication of SUMMARY ORDINANCE . . . . . . NUMBER 1378 . . . . . . ISTAI~TOIACCo REClULATDlMXlNrROLI . . . . . . OnIInanceNwnblr1378oflheCIly ...... 01___,.11oo m' -._opoc:ilicolly OIIl11ng .. 1he prahlbiDon 0I111101cing In puIIIIc moeDng ...... ond pubIoc- -~__iI -_.prahlblliDnal_ -~_..- --..IinGIo_a1 .......1I1d he_ .......Ing, Tho 0nIInanc0 _I nol _1oh_lorpubfic~ 1n~.-*'lI.""'_.. ..... or 1he worIopI_. 0nIIn0ra _'378___ _ng Ind... odoplOd 111he ......... Co\\' CouncillllOOllng aI _25ItI.llIlI3by1he_ng Yolo: AVES: -. Doono. For.,... Hootnp NOES: ~Io -- CopIoo or Or*l.... _ 13711 _ avai_ _1he_or... CIIy CIortI, CIIy 110I1. 211 . ... SbM!, __.CA: IIIophono (3'0) 431-2527. IlATEDTHIS2lI1hdayor_. IlIlI3. Jaonno M. Via. City CaunciI Clay or__ PIIb: Nov. 04. 111II3 I Dated at Seal Beach, California, this -4- day of J;"fe..k. ,19..ia.... /~;~ (ifr> cJ Signa ure PUBLICATION PROCESSED BY: THE SUN NEWSPAPERS 216 Main Street .P.O. Box 755 Seal Beach, CA 90740 (310)430-7555 I'