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HomeMy WebLinkAbout2012-09-25; City Council; 21013; Prohibit Smoking Unenclosed Dining Areas MCA 12-01CITY OF CARLSBAD - AGENDA BILL 8 AMENDMENT TO TITLE 6, CHAPTER 6.14 OF THE CARLSBAD MUNICIPAL CODE TO PROHIBIT SMOKING IN UNENCLOSED DINING AREAS MCA 12-01 DEPT. DIRECTOR CITY ATTORNEY CITY MANAGER RECOMMENDED ACTION: Introduce Ordinance No. CS-188 amending Title 6 (Health and Sanitation), Chapter 6.14 of the Carisbad Municipal Code to prohibit smoking in unenclosed dining areas and bring Carisbad's smoking prohibition ordinance into compliance with state law. ITEM EXPLANATION: State law. Health and Safety Code sections 6404.5 et seq., expresses an intent to regulate smoking in the workplace as a matter of statewide concern, and eliminates the need for local jurisdictions to enact workplace smoking restrictions. State law prohibits employers from permitting smoking in an enclosed space in a place of employment, and also provides that any area not defined as a "place of employment" shall be subject to local regulations, if any. The current Chapter 6.14 of the Carlsbad Municipal Code, regarding Prohibition of Smoking in Certain Public Areas was enacted in 1983, prior to the 1988 State enactment of the prohibition of smoking in the workplace. Vista Community Clinic representatives recently requested that the city consider adopting an ordinance to prohibit smoking in outdoor dining areas in Carisbad. They provided the city with informational materials including the results of a survey (Good Eats Smoke-Free Healthy Outdoor Dining) attached, which was conducted in Carisbad in 2011 through Vista Community Clinic's Tobacco Control Program. According to a report summarizing the survey results, 581 Carisbad residents and visitors participated in the survey; 94% of the respondents prefer to eat on patios where smoking is not allowed and 87% think cities should have laws that prohibit smoking on outdoor dining patios. The materials submitted also include data on health risks of secondhand smoke exposure. As a result of this request, staff is presenting this report to City Council for its consideration, along with a proposed ordinance amendment to prohibit smoking in outdoor dining areas. In addition to prohibiting smoking in outdoor dining areas, the ordinance amendment brings Carisbad's smoking prohibition ordinance into compliance with current state law. Staff contacted other local municipalities (Chula Vista, Del Mar, El Cajon, Encinitas, National City, and Soiana Beach) to determine what policies and ordinances, if any, they had in place with regards to prohibiting smoking in outdoor dining areas. All of the cities surveyed currently have ordinances in place that prohibit smoking in outdoor dining areas. The proposed Carisbad ordinance is modeled after similar ordinances in other municipalities. DEPARTMENT CONTACT: Michele Masterson 760-602-4615 michele.masterson@carisbadca.qov FOR CITY CLERKS USE ONLY. COUNCIL ACTION: APPROVED CONTINUED TO DATE SPECIFIC • DENIED • CONTINUED TO DATE UNKNOWN • CONTINUED • RETURNED TO STAFF • WITHDRAWN • OTHER-SEE MINUTES • AMENDED • Page 2 The Community & Economic Development Department conducted an outreach to potentially affected businesses and smoke-free advocates in a post card direct mailing informing them of the proposed amendment. In addition, interested members of the public were encouraged to review and comment on the draft amendment which was available on the city website. As of September 12, 2012, only one comment letter was received via email, which supported the proposed amendment. Adoption will permit the City to promote a healthy and pleasant environment for Carisbad's residents and visitors. FISCAL IMPACT: There would no fiscal impact of implementing a ban on smoking in outdoor dining areas, as an emphasis would be placed on voluntary compliance, similar to other local municipalities. ENVIRONMENTAL IMPACT: Pursuant to Public Resources Code Section 21065, this action does not constitute a "project" within the meaning of CEQA in that it has no potential to cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, and therefore does not require environmental review. EXHIBITS: 1. Ordinance No. CS-188 amending Title 6, Chapter 6.14 of the Carlsbad Municipal Code 2. Carlsbad Municipal Code, Chapter 6.14 strikethrough-underiine version 3. 2011 Outdoor Dining" Survey Results Report 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 EXHIBIT 1 ORDINANCE NO. CS-188 AN ORDINANCE OF THE CITY OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA AMENDING TITLE 6, CHAPTER 6.14 OF THE CARLSBAD MUNICIPAL CODE TO PROHIBIT SMOKING IN UNENCLOSED DINING AREAS. CASE NAME: SMOKE-FREE OUTDOOR DINING ORDINANCE CASE NO.: MCA 12-01 The City Council of the City of Carisbad finds as follows: SECTION I. FINDINGS. WHEREAS, tobacco use causes death and disease and continues to be an urgent public health challenge, as evidenced by the following: • Tobacco-related illness is the leading cause of preventable death in the United States,^ accounting for about 443,000 deaths each year;^ and WHEREAS, secondhand smoke has been repeatedly identified as a health hazard, as evidenced by the following: • The U.S. Surgeon General concluded that there is no risk-free level of exposure to secondhand smoke;^ and • The California Air Resources Board placed secondhand smoke in the same category as the most toxic automotive and industrial air pollutants by categorizing it as a toxic air contaminant for which there is no safe level of exposure;"^ and • The California Environmental Protection Agency included secondhand smoke on the Proposition 65 list of chemicals known to the state of California to cause cancer, birth defects, and other reproductive harm;^ and WHEREAS, exposure to secondhand smoke causes death and disease, as evidenced by the following: • Secondhand smoke is responsible for as many as 3,000 deaths from lung cancer and 46,000 deaths from heart disease among nonsmokers each year in the United States;® and • Exposure to secondhand smoke increases the risk of coronary heart disease by approximately thirty percent;^ and • Secondhand smoke exposure causes lower respiratory tract infections, such as pneumonia and bronchitis in as many as 300,000 children in the United States under the age of 18 months each year;® and exacerbates childhood asthma;® and ' us Department of Health and Human Services, Centers for Disease Control and Prevention. Tobacco Use: The Nation's Leading Killer. 2011, p. 2. Available at: www.cdc.gov/chronicdisease/resources/publications/aag/pdf/201 lAobacco AAG 2011 508.pdf ^ US Department of Health and Human Services, Centers for Disease Control and Prevention. Tobacco Use: Targeting the Nation's Leading Killer. 2011, p. 2. Available at: www.cdc.gov/chronicdisease/resources/publications/aag/pdiy2011/Tobacco AAG 2011 508.pdf. ' US Department of Health and Human Services, Office of the Surgeon General. How Tobacco Smoke Causes Disease: The Biology and Behavioral Basis for Smoking-Attributable Disease: A Report of the Surgeon General. 2010, p. 9. Report highlights available at: www.surgeongeneral.gov/librarv/tobaccosmoke/factsheet.html. * Resolution 06-01, Cal. Air Resources Bd. (2006) at 5. Available at: www.arb.ca.gov/regact/et.s2006/res0601.pdl': see also Califomia Environmental Protection Agency, Air Resources Board. News Release, California Identifies Secondhand Smoke as a "Toxic Air Contaminant. " Jan. 26,2006. Available at: \vvvvv.arb.ca.gov/newsrel/nr012606.htm- ' Califomia Environmental Protection Agency, Office of Environmental Health Hazard Assessment. Chemicals Known to the State to Cause Cancer or Reproductive Toxicity. 2006, p. 8 & 17. Available at: www.oehha.ca.gov/prop65/prop65 Iisiynies/P65singlc081106.pdf * US Department of Health and Human Services, Centers for Disease Control and Prevention. Tobacco Use: Targeting the Nation's Leading Killer. 2011, p. 2. Available at: vyww.cdc.gov/chronicdisease/resources/publications/aag/pdt7201 lAlobacco AAG 2011 508.pdf. ^Bamoya J and Glantz S. "Cardiovascular Effects of Secondhand Smoke: Nearly as Large as Smoking." Circulation, 111: 2684-2698,2005. Available at: wwvv.circ.ahajoumals.org/cgi/content/fuU/l 11/20/2684. * US Department of Health and Human Services, Centers for Disease Control and Prevention. Tobacco Use: Targeting the Nation's Leading Killer. 2011, p. 2. Available at: vyww.cdc.gov/chronicdisease/resources/publications/aag/pdiy20l 1/Tobacco AAG 2011 508.pdf 1 WHEREAS, exposure to secondhand smoke anywhere has negative health impacts, and exposure to secondhand smoke does occur at significant levels outdoors, as 2 evidenced by the following: • Levels of secondhand smoke exposure outdoors can reach levels attained 3 indoors depending on direction and amount of wind and number and proximity of smokers;^° and 4 WHEREAS, the U.S. Food and Drug Administration conducted laboratory 5 analysis of electronic cigarette samples and found they contained carcinogens and toxic chemicals to which users and bystanders could potentially be exposed;^^ and 6 WHEREAS, creating smoke-free areas helps protect the health of the 86.9% of 7 Californians who are nonsmokers;^^ and 8 WHEREAS, there is no Constitutional right to smoke;^^and 9 WHEREAS, it is the intent of the City Council, in enacting this ordinance, to provide for the public health, safety, and welfare by discouraging the inherently dangerous 10 behavior of smoking around non-tobacco users, especially children; by protecting the public from exposure to secondhand smoke; by reducing the potential for children to wrongly associate 11 smoking with a healthy lifestyle; and by affirming and promoting a healthy environment in the City 12 ^ 13 14 15 16 17 18 19 20 21 22 /// /// /// /// /// /// /// /// /// ' US Department of Health and Human Services, Centers for Disease Control and Prevention. Tobacco Use: Targeting the Nation's Leading 23 Killer. 2011, p. 2. Available at: www.cdc.gov/chronicdisease/resources/publications/aag/pdty20l 1/Tobacco AAG 2011 508.pdf '° Klepeis NE, Ott WR, and Switzer P. Real-Time Monitoring of Outdoor Environmental Tobacco Smoke Concentrations: A Pilot Study. San 24 Francisco- University of Califomia, San Francisco and Stanford University, 2004, p. 80, 87. Available at: http://exposurescience.org/pub/reports/Outdoor ETS Final.pdf: see also Klepeis NE, Ott WR and Switzer P. "Real-Time Measurement of Outdoor Tobacco Smoke Particles." Journal of the Air & Waste Management Association, 57: 522-534,2007. Available at: 25 www.ashaust.org.au/pdts/QutdoorSHS0705.pdf " US Food and Dmg Administration. News Release, FDA and Public Health Experts Warn About Electronic Cigarettes. July 22,2009. Available 25 at: www.fda.gov/NewsEvents/Newsrooni/PressAnnouncements/ucml 73122Jitm. Califomia Department of Public Health, News Release, State's Latest Tobacco Ads Debut. December 20, 2010. Available at: vvww.cdph.ca.gov/Pages/NR10-099.aspx. " Public Health Law & Policy, Technical Assistance Legal Center. There Is No Constitutional Right to Smoke. 2005. Available at www phlpnet.org/tobacco-control/products/thcre-no-constitutional-right-smoke. 28 1 NOW THEREFORE the City Council does ordain as follows: 2 SECTION II. Chapter6.14 of the Carisbad Municipal Code is hereby amended to read as follows: 25 26 27 28 Chapter 6.14 - PROHIBITION OF SMOKING IN UNENCLOSED DINING AREAS Sections: 6.14.010- Purpose 6.14.020 - Definitions 3 4 5 6 7 g 6.14.030-Prohibition 9 6.14.040 - Reasonable Smoking Distance Required 10 6.14.050 - Optional Prohibition 11 6.14.060 - Posting of Signs 12 6.14.070 - Other Requirements and Prohibitions 1 ^ 6.14.080 - Penalties and Enforcement 6.14.010-Purpose Because smoking of tobacco, or any other weed or plant, is a danger to health and a cause of 1 f. material annoyance, inconvenience, discomfort and a health hazard to those who are present in unenclosed areas as well as confined places, in order to serve public health, safety and welfare, 17 the declared purpose of this article is to prohibit the smoking of tobacco, or any other weed or plant in unenclosed dining areas. 18 6.14.020- Definitions 19 (a) "Enclosed Dining Area" as defined in this chapter shall mean an area enclosed by a roof and 20 walls with appropriate openings for ingress and egress 21 (b) "Public Place" as defined in this chapter shall mean any place, publicly or privately owned, which is open to the general public regardless of any fee or age requirement 22 (c) "Reasonable Distance" as defined in this chapter shall mean a distance of twenty (20) feet in 23 any direction from an area in which smoking is prohibited. (d) "Smoke" or "Smoking" as defined in this chapter shall mean and include the carrying of a lighted pipe, or lighted cigar, or lighted cigarette of any kind, or the lighting of a pipe, cigar or cigarette of any kind. (e) "Unenclosed Dining Area" as defined in this chapter shall mean any dining area, which is no an Enclosed Dining Area, including streets and sidewalks, which is available to or customarily -3- 15 16 used by the general public, an employee, or any invitee, and which is designed, established, or regularly used for consuming food or drink. 6.14.030 Prohibition Smoking is prohibited in Unenclosed Dining Areas within the City of Carisbad, except places 4 where smoking is already prohibited by state or federal law, in which case those laws apply. 6.14.040 Reasonable Smoking Distance Required Smoking shall be prohibited within a Reasonable Distance, as defined in this chapter, from any Unenclosed Dining Area. 6.14.050 - Optional prohibition Nothing in this chapter prohibits any person, corporation or any other legal entity, or employer, with legal control over any property from prohibiting smoking on any part of such property, even 9 if smoking is not othenA/ise prohibited in that area by law. 10 6.14.060 - Posting of signs 11 Any person, corporation or any other legal entity, or employer that has legal or de facto control of an Unenclosed Dining Area in which smoking is prohibited by this chapter shall post a clear, 12 conspicuous and unambiguous "No Smoking" or "Smoke-free" sign at each point of ingress to the area, and in at least one other conspicuous point within the area. The signs shall have 13 letters of no less than one inch in height and shall include the international "No Smoking" symbol (consisting of a pictorial representation of a burning cigarette enclosed in a red circle 14 with a red bar across it). Notwithstanding this provision, the presence or absence of signs shall not be a defense to a charge of smoking in violation of any other provision of this chapter. 6.14.070 - Other Requirements and Prohibitions No ashtrays or smoking disposal receptacles shall be placed in areas where smoking is 1^ prohibited. 6.14.080 Penalties and Enforcement 19 20 (a) Each incident of smoking in violation of this chapter is punishable pursuant to Chapter 1.08 of this code, or in alternative by the administrative code enforcement remedies of Chapter 1.10 of this code. 21 (b) Except as othenfl/ise provided, enforcement of this chapter is at the sole discretion of the 22 persons authorized to enforce this ordinance pursuant to Chapters 1.08 and 1.10 of this Code Nothing in this chapter shall create a right of action in any person against the City or its agents 23 for damages or to compel public enforcement of this chapter against private parties. 24 SECTION III. STATUTORY CONSTRUCTION & SEVERABILITY. 25 It is the intent of the City Council of the City of Carisbad to supplement applicable state anc federal law and not to duplicate or contradict such law and this ordinance shall be construed 26 consistently with that intention. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance, or its application to any person or circumstance, is for any 27 reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, 28 .4. EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption, and the City Clerk shall certify to the adoption of this ordinance and cause it to be published at least once in a publication of general circulation in the City of Carisbad within fifteen days after its adoption. {Notwithstanding the preceding, this ordinance shall not be effective until approved by the Califomia Coastal Commission.) INTRODUCED AND FIRST READ at a regular meeting of the Carisbad City Council on the 25th day of September 2012, and thereafter. /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// -5- 1 PASSED AND ADOPTED at a regular meeting of the City Council of the City of 2 Carisbad on the day of 2012, by the following vote, to wit: 3 AYES 4 NOES 5 ABSENT: 6 ABSTAIN: 7 8 APPROVED AS TO FORM AND LEGALITY 9 10 RONALD R. BALL, City Attorney 11 12 13 MATT HALL, Mayor ATTEST: 15 16 LORRAINE M. WOOD, City Clerk ^'7 (SEAL) 18 19 20 21 22 23 24 25 26 27 28 -6- 22 23 24 25 26 27 28 EXHIBIT 2 1 NOW THEREFORE the City Council does ordain as follows: 2 SECTION II. Chapter 6.14 of the Carisbad Municipal Code is hereby amended to read as follows; 3 Chapter 6.14 - PROHIBITION OF SMOKING IN UNENCLOSED DINING AREAS CERTAIN 4 PUBLIC AREAS ^ Sections: 6 6.14.010 - Purpose 6.14.020 - Definitions 6.14.030- Prohibitions 6.14.040 — Reasonable Smoking Distance Required Designation of smoking areas 6.14.050 - Optional Prohibition 6.14.060 - Posting of Signs 6.14.070 — Other Requirements and Prohibitions Exceptions 6.14.080 — Penalties and Enforcement and appeal 6.1 d.000 Violation 7 8 9 10 11 12 13 14 15 1^ 6.14.010 - Purpose 17 I Because smoking of tobacco, or any other weed or plant, is a positive-danger to health and a cause of material annoyance, inconvenience, discomfort and a health hazard to those who are 18 I present in unenclosed areas as well as confined places, afl^in order to serve public health, safety and welfare, the declared purpose of this article is to prohibit the smoking of tobacco, or 19 any other weed or plant in unenclosed dining areas, public placoo and placoo of employment, oxcopt in designated smoking areas. 20 21 6.14.020-Definitions (a) "Smoke" or "smoking" as defined in this chapter shall moan and include the carrying of a lighted pipe, or lighted cigar, or lighted cigarette of any kind, or the lighting of a pipe, cigar or cigarette of any kind. (b) "Public place" shall mean any enclosed area to which tho public is invited or in which the public is permitted, including but not limited to, retail stores, retail service establishments, retai food production arid marketing establishments, restaurants, theaters, waiting rooms, reception areas, educational facilities, health facilities and public transportation facilities.—A private residence is not a public place. -3- (c) "Place of employment" shall mean any enclosed area under the control of a public or private employer which employees normally frequent during the course of employment, including, but not limited to work areas, employee lounges, conference rooms, and employee cafeterias. A private residence ic not a place of employment- fa) "Enclosed Dining Area" as defined in this chapter shall mean an area enclosed bv a roof and walls with appropriate openings for ingress and egress, rb) "Public Place" as defined in this chapter shall mean anv place, publidv or privately owned, which is open to the general public reqardless of anv fee or age requirement. (c) "Reasonable Distance" as defined in this chapter shall mean a distance of twenty (20) feet in any direction from an area in which smoking is prohibited. (d) "Smoke" or "Smoking" as defined in this chapter shall mean and include the carrying of a iohted Pipe, or lighted cigar, or lighted cigarette of any kind, or the lighting of a pipe, cigar or 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 cigarette of any kind. (e) "Unenclosed Dining Area" as defined in this chapter shall mean any dining area, which is not an Enclosed Dining Area, including streets and sidewalks, which is available to or customarily used bv the general public, an employee, or any invitee, and which is designed, established, or regulariy used for consuming food or drink. 6.14.030- Prohibitions Smoking is prohibited in Unenclosed Dining Areas within the Citv of Carisbad, except places where smoking is already prohibited bv state or federal law, in which case those laws apply- No person shall smoke in a public place or place of employment, except in designated smoking areas- 6.14.040 - Reasonable Smoking Distance Reguired Designation of smoking Smoking shall be prohibited within a Reasonable Distance, as defined in this chapter from any Unenclosed Dining Area- Smoking areas may be designated in public places and places of employment by proprietors or other persons in charge except in retail stores, retail service establishments, food markets public conveyances, theaters, auditoriums, public assembly rooms, meeting rooms, restrooms elevators, pharmacies, libraries, museums or galleries which are open to the public or any other place where smoking is prohibited by law, ordinance or regulation. Whore smoking areas are designated, existing physical barriers and ventilation systems shall be used to minimize the toxic effect of smoke in adjacent nonsmoking areas. It shall be the responsibility of employers te provide smoke free areas for nonsmokers to the maximum extent possible within existing facilities. Restaurants covered by the provisions of this article shall designate an adequate 28 amount of seating capacity to sufficiently meet the demands and shall inform all patrons that a no smoking section is provided. 26 6.14.050 - Optional prohibition 27 -4- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Nothing in this chapter prohibits anv person, corporation or any other legal entity, or employer with legal control over anv property from prohibiting smoking on any part of such property, even if smoking is not othenA/ise prohibited in that area by law. All managers and owners of any establishments serving or doing business with tho public may at their discretion post "No Smoking" signs within various areas of their businesses and utilize tho full right of the provisions of this chapter. No public place other than the ones enumerated in Section 6.14.070 shall be designated as a smoking area in its entirety. 6.14.060 - Posting of signs Anv person, corporation or any other legal entity, or employer that has legal or de facto control of an Unenclosed Dining Area in which smoking is prohibited by this chapter shall post a clear conspicuous and unambiguous "No Smoking" or "Smoke-free" sign at each point of ingress to the area, and in at least one other conspicuous point within the area. The signs shall have ietters of no less than one inch in height and shall include 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). Notwithstanding this provision, the presence or absence of signs shall not be a defense to a charge of smoking in violation of any other provision of this chapter- Signs which designate smoking or no smoking areas established by this chapter shall be cleariy, sufficiently, and conspicuously posted in every room, building, or other place so covered by this chapter. No-smoking signs shall be specifically placed in retail food production and marketing establishments, including grocery stores and supermarkets open to the public, so they are clearly visible to persons upon entering the store, cleariy visible te persons in checkout lines, and cleariy visible te persons at meat and produce counters. The manner of such posting noluding tho wording, size, color, design, and place of posting whether on the walls, doors tables, counters, stands or elsewhere shall be at tho discretion of the owner, operator, manager or other person having control of such room, building or other place so long as clarity, sufficiency, and conspicuousness are apparent in communicating the intent of this chapter. 6.14-070 — Other Reguirements and Prohibitions Exceptions No ashtrays or smoking disposal receptacles shall be placed in areas where smoking is prohibited. (a) Individual private offices, hotel and motel meeting and assembly rooms rented to guests areas and rooms while in use for private social functions, private hospital rooms, psychiatric facilities, jails, bars, and stores that deal exclusively in tobacco products and accessories. (b) Restaurants or eating establishments with a seating capacity of less than twenty persons Those with a seating capacity of less than twenty shall have tho option of designating a no smoking section or allowing or prohibiting smoking throughout the establishment. (c) Any owner or manager of a business or other establishment subject to this chapter may apply to the city manager for an exemption or modification of the provisions of this chapter due to unique or unusual circumstances or conditions. 6.14.080 - Penalties and Enforcement and appeal 1 (a) Each incident of smoking in violation of this chapter is punishable pursuant to Chapter 1.08 of this code, or in alternative by the administrative code enforcement remedies of Chapter 1.10 2 of this code. 3 (b) Except as otherwise provided, enforcement of this chapter is at the sole discretion of the persons authorized to enforce this ordinance pursuant to Chapters 1.08 and 1.10 of this Code 4 Nothing in this chapter shall create a right of action in any person against the City or its agents for damages or to compel public enforcement of this chapter against private parties. SECTION III. STATUTORY CONSTRUCTION & SEVERABILITY. It is the intent of the Citv Council of the City of Carisbad to supplement applicable state and federal law and not to duplicate or contradict such law and this ordinance shall be construed consistently with that intention. If any section, subsection, subdivision, paragraph, sentence. clause or phrase of this ordinance, or its application to any person or circumstance, is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the ^ validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs. 10 sentences, clauses or phrases of this ordinance, or its application to any other person or circumstance. The City Council of the City of Carisbad hereby declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof independently, irrespective of the fact that any one or more other sections, subsections. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable. (a) The city manager shall be responsible for compliance with this chapter when facilities which are owned, operated or leased by the city of Carisbad are involved. (b) The owner, operator or manager of any facility, business or agency within the purview of this chapter shall comply herewith. Such owner, operator or manager shall post or cause to be posted all "No Smoking" signs required by this chapter. Such owner, operator or manager shall not allow service to any person who violates this chapter by smoking in a posted "No Smoking" SXtOSX- (o) It shall be the responsibility of employers to disseminate information concerning the provisions of this chapter to employees. (d)The provisions of this ordinance pertaining to places of employment shall apply only to places of employment of the city of Carisbad until July 1. 198^. 6-14.090 Violation Any person, corporation, or association who violates any of the provisions of this chapter is guilty of an infraction except for tho fourth or each additional violation of a provision within a year which is a misdemeanor. Penalties for violation of this chapter shall be as designated in Chapter 1.08 of this cede- -6- 1 EFFECTIVE DATE: This ordinance shall be effective thirty days after its 2 adoption, and the City Clerk shall certify to the adoption of this ordinance and cause it to be 3 published at least once in a publication of general circulation in the City of Carisbad within 4 fifteen days after its adoption. {Notwithstanding the preceding, this ordinance shall not be 5 effective until approved by the California Coastal Commission.) 6 INTRODUCED AND FIRST READ at a regular meeting of the Carisbad City 7 Council on the day of 2012, and thereafter. 8 /// 9 /// 10 /// 11 /// 12 /// 13 /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// -7- 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 13 1 PASSED AND ADOPTED at a regular meeting of the City Council of the City of 2 Carisbad on the day of 2012, by the following vote, to wit: 3 AYES: 4 NOES: 5 ABSENT: 6 ABSTAIN: 7 8 APPROVED AS TO FORM AND LEGALITY 9 18 19 20 21 22 23 24 25 26 27 28 10 RONALD R. BALL, City Attorney 11 12 13 14 15 MATT HALL, Mayor ATTEST: 16 LORRAINE M. WOOD, City Clerk 17 (SEAL) -8-Ii EXHIBIT 3 Healthy Outdoor Dining Vista Community Clinic - Funded by Prop 99 2011 Outdoor Dining Survey Results from the City of Carlsbad Vista Community Clinic Tobacco Control Program: Smoke Free North County Project For more information contact: Gena Knutson (760) 631-5000 x 7165 Report prepared by Marianne Brown, MPH, 11/18/2011 This material was made possible by funds receiyed from the California Department of Public Health Background On 31 separate dates during February - October 2011, project staff visited 19 different locales throughout the City of Carlsbad to collect survey data from Carlsbad residents and visitors. The half-page survey included 11 items on outdoor dining frequency, exposure to secondhand smoke, support for smoke free outdoor dining laws, and participant demographics. A total of 581 people completed the survey. Survey data was entered into an Excel spreadsheet and exported to SPSS for analysis and summary by the County of San Diego Tobacco Control Resource Progrann's Evaluation Consultant. Survey Location N % Carlsbad State Beach 121 21% Carlsbad Farmers' Market 104 18% Carlsbad Forum 93 16% Carlsbad Outlet Stores 67 12% Carlsbad Hyatt Health Fair 58 10% Carlsbad Village 43 7% other Carlsbad locales 95 16% Total 581 100% Participant Demographics About 3 in 4 (76%) survey respondents lived in the City of Carlsbad. More than half (62%) of respondents were female; however, people of all ages participated in the survey. Fewer than 1 in 10 (9%) had smoked a cigarette in the past 30 days. This smoking rate was below the state average of about 12%. Residence of Survey Participants Gender of Survey Participants Female 62% Male 38% Survey Particpants by Age Group M H m 18-24 25-34 35-44 45-54 55-64 65+ Survey Results a. Outdoor Dining Frequency Those surveyed reported a mix of outdoor dining habits; about half went out to eat where they could sit outside often, while about the same number dined outside occasionally. Frequency of Patio Dining ocassiona 43% b. Beliefs about Secondhand Smoke Using a scale of 1 - 4 (l=strongly disagree and 4=strongly agree), survey participants were asked their opinion about the hazards of secondhand smoke - 96% agreed that breathing secondhand smoke was bad for their health, even when outside, including 86% of smokers. Non-smokers (mean=3.7) felt even stronger about the dangers of secondhand smoke than did smokers (mean=3.1) (F=47.7, p=.000). c. Outdoor Dining Preferences When eating outside, 94% of those surveyed preferred to eat on patios where smoking was not allowed. Non-smokers were almost unanimous (97%) in their desire for smoke free outdoor dining; 2 in 3 (66%) smokers also indicated this preference {'?^=16.6, p=.000). When asked if they had been bothered by cigarette smoke when eating outside, 84% of survey participants responded YES. More non-smokers (87%) reported being bothered by drifting smoke then smokers (42%) (;t^=67.9, p=.000). More than 2 in 3 (68%) reported that if outdoor eating areas were smoke free, they would ask to eat outside more often, including 72% of non-smokers. If patios were smoke free, smokers indicated that they would dine outside with the same frequency (66%) or more often (28%). Just 6% of smokers indicated they would eat outside less often (^1^=41.0, p=.000). d. Reactions to Other Diners' Cigarette Smoke The survey contained five options for responding if "someone lit a cigarette near you when you were eating outside." Two in three (65%) diners indicated they would actively respond to the situation by either asking to sit somewhere else, asking the smoker to put the cigarette out, or asking their server to handle it. The remaining respondents selected a passive response - either hurrying up and leaving or doing nothing. Discussion Vista Community Clinic tobacco control staff did an excellent job of canvassing the City of Carlsbad to collect Intercept survey data from almost 600 residents and visitors over a 6-month period. While women yvere somewhat over-represented in the sample, this is typical in public intercept survey work. People of all ages participated in the survey at 19 different Carlsbad locales. Thus, the survey results appear to represent the community as a whole. Overall, there was strong community support for a smoke free outdoor dining law in Carlsbad. This is likely due to the below average smoking rate among Carlsbad residents and their awareness of the dangers of secondhand smoke exposure, even when exposed outdoors. This attitude is not surprising given the high income and education levels in the City of Carlsbad. Interestingly, Carlsbad visitors expressed the same support for smoke free outdoor dining as residents. This may be of particular importance to Carlsbad policymakers as the coastal town is a popular tourist destination. Many of the city's visitors that participated in the survey indicated they were from other California cities, and may reside in cities with policies designed to reduce public exposure to secondhand smoke. While the City of Carlsbad may not be home to very many smokers, those that participated in the survey also expressed a preference for smoke free outdoor dining. It appears that smokers and non-smokers alike prefer a no smoking environment when eating. The city's many restaurants with dining patios may experience an increase in requests to be seated outside, if the patios are smoke free. More than two-thirds of those surveyed indicated they would eat outside more often if smoking was not allowed. Vista Community Clinic tobacco control staff has been conducting observations of Carlsbad dining patios. Preliminary findings indicate that almost half of the eating establishments have adopted voluntary smoke free policies. A universal smoke free policy should be relatively easy to implement in this environment, and the ''level playing field" should reduce confusion and maximize compliance—patrons would quickly learn that all of Carlsbad offers smoke free outdoor dining. Given that more than 10% of those surveyed indicated that they would rather cut their meal short than confront a smoker, restaurateurs are advised to train wait staff on how to inform smokers of any new no smoking rules. This way, paying guests aren't tempted to rush out the door. A smoke free policy should also eliminate requests from those bothered by secondhand smoke to be moved away from the drifting smoke. In the cases of sidewalk cafes where wait staff are not typically present, adequate signage will be an important means of communicating a new no smoking policy to patrons. Skouldn t ike BEST Seat in tke House he Smoke^Free? In the State of California: As of January 2011, 85 municipalities in Califomia have adopted smoke-free outdoor dining policies. A survey was conducted in Carlsbad to assess views about secondhand smoke (SHS) and to gauge levels of support for reducing exposure to secondhand smoke. Below are some of the responses (Vista Community Clinic Tobacco Control Program Oct 2011): • 96% agreed that breathing secondhand smoke was bad for their health, even when outside, including 86% of smokers* I When eating outside, 94% of those surveyed preferred to eat on patios where smoking was not allowed* 87% of respondents agreed that cities should have laws that prohibit smoking on outdoor restaurant patios and sidewalk cafes* A total of 581 people completed the survey Six cities in San Diego County have passed smoke-free outdoor dining ordinances: Chula Vista, Del Mar, El Cajon, Encinitas, National City, and Soiana Beach. 76% of Chula Vista businesses with smoke-free outdoor dining would recommend this for other cities throughout San Diego County. (Listitute for Public Strategies, "Chula Vista survey on smoke free outdoor dining policies " March 2007). In the City of Chula Vista where smoke-free outdoor dining went into effect in 2006, 88% of businesses report that business revenue remained the same and even increased after going smoke-free. (Institute for Public Strategies, "Chula Vista survey on smoke free outdoor dining policies," March 2007) Support Smoke-Free Outdoor Dining in Your City! Healthy Outdoor Dining Vista Community Clinic - Funded by Prop 99 Secondhand Smoke is Dangerous: • Scientific evidence indicates that there is no risk-free level of secondhand smoke exposure (2006 Surgeon General's Report). • Exposure of adults to secondhand smoke ha.s immediate adverse effects on the cardiovascular system. • A person sitting near an outdoor smoker might inhale a breath with 50 times more toxic material than in the surrounding unpolluted air (2007 Stanford University study). Funded by the Tobacco Control Resource Program, County of San Diego Health and Human Services Agency, through the California Deoartment of Public Health. Please contact Gena Knutson Tobacco Control Program Manager at: C The . ^ enter forTobacco Policy ^Organizing r t AMERICAN LUNG ASSOCIATION. Secondhand Smoke Survey; Outdoor Dining California Voters' Attitudes About Secondhand Smoke Exposure Public Opinion Research Survey: November 2008 Background There is a growing body of scientific evidence that documents the harmful effects of secondhand smoke exposure, Includ- ing the US Surgeon General's finding that there Is no risk-free level of exposure to secondhand smoke, and the California Air Resources Board designation of secondhand smoke as a toxic air contaminant. Yet Californians are still exposed to secondhand smoke in outdoor areas, In multi-unit housing and in Indian casinos. Many cities and counties throughout the state have passed laws to restrict smoking In outdoor areas such as parks, beaches, farmer's markets and outdoor seat- ing at bars and restaurants and some cities have passed laws to create nonsmoking sections of apartments In multi-unit housing. In addition, some California Indian tribes have voluntarily created nonsmoking sections in Indian casinos. In November 2008, the Center for Tobacco Policy & Organizing commissioned a survey of 600 California voters to assess their views about secondhand smoke and to gauge their level of support for reducing exposure to secondhand smoke. Specifically, the survey explored general attitudes about restricting smoking In outdoors areas, in outdoor dining areas, In multi-unit housing, and In Indian casinos. This document highlights the Summary of Key Findings for outdoor dining. Additionally, there are three other Summary of Key Findings that highlight the for multi-unit housing, the results for Indian casinos and the results for the entire second- hand smoke survey. The survey was conducted by Goodwin Simon Victoria Research. Complete survey results and the other summary documents are available at wwvv.Center4TobaccoPolicy.org/poiling-shs. Summary of Key Findings Secondiiand Smoke Restrictions In Outdoor Dining Areas California voters know that secondhand smoke Is harmful and are supportive of restricting smoking in outdoor areas of bars and restaurants: • 97% believe that secondhand smoke is harmful to those who Inhale It • 88% believe that secondhand smoke is harmful to those who inhale it in outdoor areas • 60% have been bothered by secondhand smoke exposure In outdoor dining areas In the past year • 56% support restricting smoking at outdoor areas of bars and restaurants More survey results on the next page. ,Center4TobaccoPolicy.or California voters are receptive to the arguments in support of restricting smoking in outdoor dining. The support for each statement asked about in this survey is listed below: • 74% were more likely to support smoking restrictions when they heard that it would protect workers at restaurants and bars from having to inhale dangerous secondhand smoke • 72% were more likely to support smoking restrictions when they heard that it would protect diners from having to inhale dangerous secondhand smoke while dining • 66% were more likely to support smoking restrictions when they heard that about 40 cities in California plus the entire state of Hawaii have laws restricting smoking in outdoor dining and the laws have had little or no negative impact on bars and restaurants Opposition statements to restricting smoking at outdoor dining were less effective. In fact, opposition arguments were more likely to have no impact on voters or to make them more likely to support smoking restrictions. The support for each opposition statement asked about in the survey is listed below: • 38% were more likely to oppose smoking restrictions when they heard that it would hurt bars and restaurants and drive away customers, while 61 % said this argument had no effect or made them more likely to support smoking restrictions • 36% were more likely to oppose smoking restrictions when they heard that it would be difficult to enforce and would place an unfair burden on bar and restaurant owners, while 63% said this argument had no effect or made them more likely to support smoking restrictions 29% were more likely to oppose smoking restrictions when they heard that it would force smokers on to the sidewalk where the cigarette butts will create a mess, while 71 % said the argument had no effect or made them more likely to support smoking restrictions The Center forTobacco Policy & Organizing • American Lung Association of California 1029 J Street, Suite 450 • Sacramento, CA 95814 • Phone: (916) 554.5864 • Fax: (916) 442.8585 • www.Center4TobaccoPolicy.org This material was made possible by funds received from the Califomia Department of Health Services, under contract # 04-35335. SMOKE-FREE LAWS ENCOURAGE SMOKERS TO QUIT AND DISCOURAGE YOUTH FROM STARTING "The debate is oven The science is clear Secondhand smoke is not a mere annoyance but a serious health hazard." - U.S. Surgeon General Richard Carmona To reduce smoking and protect nonsmokers, many state, county, and municipal governments have already implemented smoke free laws that prohibit smoking in most indoor public spaces, and many more are considering new smoke-free laws. At the same time, the cigarette companies and their allies are vigorously opposing any new smoke free laws and are also trying to repeal those already in place. While the debates over these laws continue, it is important that decision makers and the public know that smoke free laws have a strong, documented, positive impact on helping smokers quit and on preventing children and adolescents from ever starting. As shown in more detail below, smoke free laws: • Prompt more smokers to try to quit; • Increase the number of successful quit attempts; • Reduce the number of cigarettes that continuing smokers consume; and • Discourage kids from ever starting to smoke. Effectiveness of Smoke-Free Laws for Reducing Adult Smoking • The Surgeon General's 2006 Report on The Health Consequences of Involuntary Exposure to Tobacco Smoke concluded that, "workplace smoking restrictions lead to less smoking among covered workers." The report cited numerous studies that found "an association between workplace smoking policies, particularly more restrictive policies, and decreases in the number of cigarettes smoked per day, increases in attempts to stop smoking, and increases in smoking cessation rates. • The Surgeon General's 2000 Report on Reducing Tobacco Use found that smoke free laws "have been shown to decrease daily tobacco consumption and to increase smoking cessation among smokers."^ According to the National Cancer Institute's exhaustive review of the scientific literature related to population-based cessation programs: "Multiple workplace observations have demonstrated that instituting a change in workplace smoking restrictions is accompanied by an increase in cessation attempts and a reduction in number of cigarettes smoked per day by continuing smokers. Once restrictions on smoking in the workplace have been successfully implemented, they continue to have effects. Observations ... demonstrate that being employed in a workplace where smoking is banned is associated with a reduction in the number of cigarettes smoked per day and an increase in the success rate of smokers who are attempting to quit."^ A 2005 study in the journal Tobacco Control of the smoke free law in Ireland found that, "Approximately 46% of Irish smokers reported that the law had made them more likely to quit. Among Irish smokers who had quit at post-legislation, 80% reported that the law had helped them quit and 88% reported that the law helped them stay quit."^ A study in the May 2000 issue of the American Journal of Public Health on the impact of California's clean indoor air laws on cessation efforts found that: 1400 I Street NW - Suite 1200 - Washington, DC 20005 Phone (202) 296-5469 • Fax (202) 296-5427 • www.tobaccofreeklds.ora Smoke Free Laws Encourage Smokers to Quit & Discourage Youth From Starting/2 "Laws with comprehensive restrictions led to more worksites with smoking policies and increased the likelihood that workers would quit smoking. An estimated 26.4% of smokers who worked in communities with strong ordinances quit smoking within 6 months of the survey and were still abstinent at the time of the survey, compared with only 19.1% of those who worked in communities with no ordinance." • A study in the July 1999 American Journal of Public Health that examined the impact of smoke-free laws and policies on smoking in the United States and Australia. Its authors concluded that: "All of the 19 studies we reviewed reported either declines in daily cigarette consumption by continuing smokers or reductions in smoking prevalence after bans on smoking in the workplace were introduced... Because of the duration of time spent at work, workplaces are probably the most significant sites where smoking restrictions cause smokers to reduce their tobacco consumption."^ • A 1999 study published in Tobacco Control found that "Requiring all workplaces to be smoke free would reduce smoking prevalence by 10%. Workplace bans have their greatest impact on groups with the highest smoking rates."^ A separate study published in a 2001 issue of Tobacco Control concluded that, "employees in workplaces with smoking bans have higher rates of smoking cessation than employees where smoking is permitted."® • A study in the September 1999 issue of American Economic Review found that, "workplace bans reduce smoking prevalence by 5 percentage points and daily consumption among smokers by 10 percent."® • A study in the September 2001 issue of the American Journal of Public Health found that in Finnish workplaces that instituted smoking bans, "daily smoking prevalence among employees decreased considerably" and "employees with less education showed a proportionally larger decrease in smoking prevalence" after the smoking bans were implemented.^° • A 1991 study in the Australian Journal of Public Health found that a smoke-free workplace law "produced a reduction in workday cigarette consumption of between three and four cigarettes a day" and the reduction was maintained for at least 1.5 years. During the course of the study period (covering 2 years), smoking prevalence decreased about 5 percent, which the authors estimated to be twice the average of the surrounding geographic area without smoke-free workplace laws.^^ • A 2000 study in the journal Health Economics found that clean indoor air laws "had a negative and significant impact on per capita consumption in all models" tested. Further, the study found that the "reduction in cigarette consumption from the anti-smoking laws had Increased from 1985 to 1995, as these laws became more restrictive and comprehensive." The study concludes with the observation that "without anti-smoking laws, total cigarette consumption would have been 4.5% greater in 1995."^^ Effectiveness of Smoke-Free Laws for Reducing Smoking Among Youth • A study published in the journal Tobacco Control found that young people living in towns with laws that completely prohibited smoking in restaurants had lower rates of progression to smoking than those young people living in towns with weaker laws or no smoke-free laws.^' • A study in the Joumal of the American Medical Association found that, "The results from these national surveys [on youth smoking] strongly suggest that smoke-free workplaces and homes are associated with significantly lower rates of adolescent smoking."^'* Smoke Free Laws Encourage Smokers to Quit & Discourage Youth From Starting/3 • A 2000 survey published by ImpacTeen concluded that, "restrictions on smoking at home, more extensive bans on smoking in public places and enforced bans on smoking at school may reduce teenage smoking."^^ • A study of smoking on college campuses published in the April 2001 issue of the American Joumal of Preventive Medicine found that, "smoke free residences may help protect those students who were not regular smokers in high school from smoking in college." The study also found that smoking prevalence was "significantly lower among residents of smoke-free housing (21 percent) as compared with residents of unrestricted housing (30.6 percent)."^® Even Tlie Tobacco Industry Knows That Clean Indoor Air Laws Help People Quit • In its April 21, 2006 webcast for investors, Philip Morris indicated that recent smokefree laws overseas, particularly Ireland and Italy, have resulted in a 3 percent decline in consumption. In the U.S., Philip Morris indicated that, while it is more difficult to assess the impact of smokefree laws on sales, they believe smoke free laws may be responsible for an acceleration in annual declines in smoking (from approximately 1.5 percent per year to 1.8 to two percent per year) and that the fractional increase may be due, at least in part, to the increasing number of smokefree laws.^^ • Philip Morris' own research found that prohibiting smoking in the workplace not only reduces consumption but also increases quit rates. A 1992 memo summarizing these findings states: "Total prohibition of smoking in the workplace strongly affect industry volume. Smokers facing these restrictions consume 11%-15% less than average and quit at a rate that is 84% higher than average."^® The memo goes on to state that, "If smoking were banned in all workplaces, the industry's average consumption would decline 8.75-10.1% from 1991 levels and the quitting rate would increase 74% (e.g., from 2.5% to 4.4%)."^® • Industry documents from the Tobacco Institute (the tobacco industry's former lobbying and public relations arm) echo Philip Morris' concern that smoke-free workplace laws will reduce smoking and shrink cigarette-company profits. "What do these health claims, the heightened public sentiment for smoking restrictions, increasing non-smoker annoyance toward smokers mean for this industry? Lower sales, of course. ... restrictive smoking laws accounted for 21 percent of the variation in cigarette consumption from state to state during that time [1961-1982]."^° The Tobacco Institute also examined data in the 1980s to try to gage the impact of smoking restrictions on consumption, "Those who say they work under restrictions smoked about one-and-one quarter fewer cigarettes each day than those who don't. That may sound light, but remember we're talking about light restrictions too. ...That one-and-one-quarter per day cigarette reduction then means nearly 7 billion fewer cigarettes smoked each year because of workplace smoking restrictions. That's 350 million packs of cigarettes. At a dollar a pack, even the lightest of workplace smoking restrictions is costing this industry 233 million dollars a year in revenue."^^ The Role of Smoke-Free Laws in Comprehensive Tobacco Prevention Programs • It is critical to understand that implementing effective smoke free laws is part of a recognized and proven strategy to lower the incidence of tobacco use and tobacco-related disease in the U.S. Specifically, in its description of what constitutes a comprehensive tobacco control program, the U.S. Centers for Disease Control and Prevention (CDC) states that: "The goal of a comprehensive tobacco control program is to reduce disease, disability, and death related to tobacco use by: - Preventing the initiation of tobacco use among young people. - Promoting cessation among young people and adults. - Eliminating nonsmokers' exposure to ETS. Smoke Free Laws Encourage Smokers to Quit & Discourage Youth From Starting/4 - Identifying and eliminating the disparities related to tobacco use and its effects among different population groups."^^ As part of Its recommendations to reduce tobacco use and exposure to secondhand smoke (published in 2001), the Task Force on Community Preventive Services (an independent Task Force appointed by the Director of the U.S. Centers for Disease Control and Prevention), strongly recommended the adoption of smoke-free laws and related smoking restrictions to limit smoking and exposure to cigarette smoking to designated areas. The Task Force observed a "significant reduction in daily consumption of cigarettes by workers subject to a smoking ban or restriction." In addition, the Task Force noted that several studies have found that smoking bans have resulted in "increases in tobacco use cessation and/or reductions in tobacco use prevalence."^^ Campaign for Tobacco Free Kids. October 14, 2009 More Information on Secondhand Smoke and Smoke-Free Laws Is available at httD://www.tobaccofreekids.ora/research/factsheets/index.Dho?CateaorvlDs19 1 U.S. Department of Health and Human Services (HHS), The Health Consequences of Involuntary Exposure to Tobacco Smoke: A Report of the Surgeon General, Atlanta, GA: HHS, U.S. Centers for Disease Control and Prevention (CDC), National Center for Chronic Disease Prevention and Health Promotion, Office on Smoking and Health, 2006, httD://www.cdc.aov/tobacco/data statistics/sar/sar 20Q6/index.htm. 2 HHS, Reducing Tobacco Use: A Report of the Surgeon General, Atlanta, GA: HHS, CDC, National Center for Chronic Disease Prevention and Health Promotion, Office on Smoking and Health2000, http://www.cdc.aov/tobacco/data statistics/sar/sar 2Q00/index.htm. 3 National Cancer Institute, Population Based Smoking Cessation: Proceedings of a Conference on What Works to Influence Cessation in the General Population, Smoking and Tobacco Control Monograph No. 12, NIH Pub. No. 004892, November 2000, httD://cancercontrol.cancer.aov/tcrb/monoaraphs/12/index.html. * Pong, GT, et al., "Reductions in tobacco smoke pollution and increases in support for smoke-free public places following the Implementation of comprehensive smoke-free workplace legislation in the Republic of Ireland: findings from the ITC Ireland/UK survey," Tobacco Control 15:iii51-iii58, June 2006. 5 Moskowltz, J, et al., The Impact of Workplace Smoking Ordinances in California on Smoking Cessation," American Journal of Public Health |AyP/y;90(5):757-761, May 2000. 6 Chapman, S, et al., "The Impact of Smoke-Free Workplaces on Declining Cigarette Consumption in Australia and the United States," AJPH 89(7):1018-1023, July 1999. 7 Farrelly, M, et al., "The impact of workplace smoking bans: results from a national survey," Tobacco Control&{3):272-277, September 1999. 8 Long, DR, et al., "A prospective investigation of the impact of smoking bans on tobacco cessation and relapse," Tobacco Control ^0{Z)•.2S7- 272, September 2001. 3 Evans, W, et al., "Do Workplace Smoking Bans Reduce Smoking?" American Economic Review&Q:728-7A7, September 1999. 1° Heloma, A, et al., "The Short-Term Impact of National Smoke-Free Workplace Legislation on Passive Smoking and Tobacco Use," AJPH 91(9):1416-1418, September 2001. Borland, R, et al., "Changes in smoking behaviour after a total workplace smoking ban, "Australian Journal of Pubiic Health 15(2): 130-134, 1991. 12 Yurekli, A & Zhang, P, "The Impact of Clean Indoor Air Laws and Cigarette Smuggling on Demand for Cigarettes: An Empirical Model," Health Economics 9:159-170,2000. 13 Siegel, M, et al., "Effect of local restaurant smoking regulations on progression to established smoking among youths," Tobacco ControiOd 2005; 14:300 - 306. http://tobaccocontrol.bmi.eom/cai/content/abstract/14/5/300 1* Farkas, A, et al., "Association Between Household and Workplace Smoking Restrictions and Adolescent Smoking," Journal of the American MedicalAssociation2^{%):7'\7-722, August 9,2000. 15 Wakefield, M, et al., "Effect of restrictions on smoking at home, at school, and in public places on teenage smoking: cross sectional study," British Medical Journal 32V.333-337, August 5,2000, http://bmi.com/cai/reprint/321/7257/333.pdf. 16 Wechsler, L & Rigotti, N, "Cigarette Use by College Students in Smoke-Free Housing - Results of a National Study," American Journal of Preventive Medicine 20{3):202-7,2001, http://www.hsph.harvard.edu/cas/Documents/smoke free/aipm620.pdf " Based on question and answer segment of an April 21,2006 Altria webcast for first quarter earnings for 2006. Text of earnings report (which does not reflect question and answer interaction) is available at http://altria.com/investors/02 00 NewsDetail.asp?reaid=845160. 18 Heironimus, J, "Impact of Workplace Restrictions on Consumption and Incidence," Philip Morris, Bates No.:2023914280, January 22,1992, http://tobaccodocuments.ora/landman/20239142804284.html. 13 Heironimus, J, "Impact of Workplace Restrictions on Consumption and Incidence," Philip Morris, Bates No.:2023914280, January 22,1992, http://tobaccodocuments.ora/landman/20239142804284.html. 20 "Public Smoking: The Problem," Tobacco Institute, Bates No.: TIMN0014554/4565, Undated, http://tobaccodocuments.ora/ti/TIMN0014554- 4565.html. 21 "Public Smoking: The Problem," Tobacco Institute, Bates No.: TIMN0014554/4565, Undated, http://tobaccodocuments.ora/ti/TIMN0014554- 4565.html. Smoke Free Laws Encourage Smokers to Quit & Discourage Youth From Starting/5 22 CDC, Best Practices for Comprehensive Tobacco Control Programs, August 1999, http://www.cdc.aov/tobacco/tobacco control proarams/stateandcommunitv/best practices/index.htm. 23 Task Force on Community Preventive Services, "Recommendations Regarding Interventions to Reduce Tobacco Use and Exposure to Environmental Tobacco Smoke," American Journal of Preventive Medicine, 20(2) Supplement S1:10-15,2001. Kira Linberg Agenda Item M f^/ Fnrthi mimhiff nf tha' From: Sent: To: Subject: Andrea Dykes Friday, September 21, 2012 11:16 AM Kira Linberg FW: Proposed no-smoking ordinance aiY COUNCIL. / ACM ^pCM CA^HJCCJI, Date(^W> City Manager tji>^ —Original Message— From! Linda Sinclair rmailto:sinclli(S)aol.coml Sent: Friday, September 21, 2012 9:36 AM To: Leticia Trevino-Reyes Subject: Proposed no-smokIng ordinance Dear Ms. Trevino: I am in favor of the proposed new ordinance banning smoking in public outdoor spaces where food Is served. In fact, I am in favor of banning smoking in all public areas. I ask that you forward my message to all City Council members before the 9/25/12 City Council meeting, strongly urging them to vote In favor of this ordinance. Passage of this ordinance is critical for the protection of public health and the ability of city residents and visitors, the majority of whom do not smoke, to enjoy public outdoor spaces. Thank you. Linda J. Sinclair 6122 Paseo Monona Carlsbad, CA 92009 Date:_ Distribuliofi: City Clerk Asst. City Cterk Deputy Clark Book Kira Linberg From: Sent: To: Subject: Andrea Dykes Monday, September 24, 2012 8:15 AM Kira Linberg FW: I support the proposed smoking ban on outdoor dining From: Leticia Trevino-Reyes Sent: Monday, September 24, 2012 8:0$ AM To: Michele Masterson Cc: Andrea Dykes Subject: FW: I support the proposed smoking ban on outdoor dining From: Ann Madison rmailto:Aymadison(5)roadrunner.com] Sent: Sunday, September 23, 2012 3:39 PM To: Leticia Trevino-Reyes Subject: I support the proposed smoking ban on outdoor dining Dear Carlsbad City Council, Please let it be known that I am in favor of the Carlsbad Proposed Smoking Ban for Outdoor Dining. It's about time Carlsbad joined the list of other 70 + conscience California cities and other states who are protecting their citizens and visitors against this toxic activity. Please vote 'YES' this Tuesday. September 25'^ for a clean Carlsbad. Thank you. Ann Madison 1326 Savannah lane Car!sbad,Ca 92011 Kira Linberg From: Michele Masterson Sent: Monday, September 24, 2012 10:52 AM To: Sheila Cobian Subject: FW: Proposed outdoor dining area smoking ban ^ CtMf Of CARLSBAD Communitv h Economic Dev&opment Michele A. Masterson Senior Management Analyst P: 760-602-4615 F: 760-602-8560 Michele.Masterson^carlsbadca.gov From: Bennett, Christina fmailto:chrlstina.bennett(asduhsd.net1 Sent: Wednesday, September 05, 2012 3:31 PM To: Michele Masterson Subject: Proposed outdoor dining area smoking ban Hello Michelle, I am a resident of Carlsbad and am in favor of the proposed outdoor dining area smoking plan...I will not be able to attend the public meeting. Please take my position into consideration. Thank you, Christina Bennett Carlsbad, CA 92011 Kira Linberg From: Michele Masterson Sent: Monday, September 24, 2012 10:52 AM To: Sheila Cobian Subject: FW: support for smokefree CARLSBAD Michele A. Masterson Senior Management Analyst P: 760-602-4615 F: 760-602-8560 Michele.Masterson@carlsbadca.gov From: judistrang |"mailto:iudlstranQ(S)earthllnk.net] Sent: Monday, September 17, 2012 3:26 PM To: Michele Masterson Subject: support for smokefree Dear Mayor and City Council members. We are pleased that Carlsbad could be the next city to bring smokefree outdoor dining to the Coastal region. I know that the cities of Del Mar, Soiana Beach, and Encinitas welcome the addition of Carlsbad. As a parent whose family members shop and eat often in Carlsbad, we are all thrilled! Too many times my children and grandchildren have complained about the smoke bothering them and making the dining experience unpleasant while they were eating outside. Thanks you for this opportunity to tell you how important a enjoyable smokefree dining experience is for families!. Warm Regards, Judi Strang Executive Director San Dieguito Alliance for Drug Free Youth Serving the cities of Del Mar, Encinitas, Soiana Beach, and the communities of Carmel Valley, Del Mar Heights, Elfin Forest, La Costa, Rancho Santa Fe, Sorrento Valley PO Box 2448 De! Mar CA 92014 858.755.6598 phone/fax 858.382.6598 cell www.sandiequitoalliance.orc}> Kira Linberg From: Sent: To: Subject: Michele Masterson Monday, September 24, 2012 10:51 AM Sheila Cobian FW: Support for smoke-free outdoor dining ^ Ci 1 c ^ CARLSBAD Michele A. Masterson Senior Management Analyst P: 760-602-4615 F: 760-602-8560 Michele.Masterson@carlsbadca.gov From! Roy fiage [mailto:roviQaQe@Qmall.com1 Sent: Tuesday, September 18, 2012 12:11 PM To: Michele Masterson Subject: Support for smoke-free outdoor dining Hi Michele: I got the postcard but can't attend the meeting on the 25th. Please know I fully support this ordinance to make our dining experience healthy and smoke-free! Roy Kira Linberg From: Sent: To: Subject: Michele Masterson Monday, September 24, 2012 10:51 AM Sheila Cobian FW: Ban Smoking at Outdoor Eateries ^ cur Of CARLS^D ComrTiunity & EconorTiic Deveiopmefii Michele A. Masterson Senior Management Analyst P: 760-602-4615 F: 760-602-8560 Michele.Masterson@carlsbadca.gov From: John Batista [mailto:JohnBat@roadrunner.cQm1 Sent: Friday, September 21, 2012 8:00 AM To: Michele Masterson Subject: Re: Ban Smoking at Outdoor Eateries Ladies and Gentlemen of the Carlsbad City Council, 9-21-2012 I'm all for it. Hope the Carlsbad Council does adopt the Ban on Smoking at Outdoor Eateries policy. Thanks John Batista / Carlsbad resident since 1954 Kira Linberg From: Sent: To: Subject: Michele Masterson Monday, September 24, 2012 10:51 AM Sheila Cobian FW: smoking ban ^ t f I V Of CARLSBAD Michele A. Masterson Senior Management Analyst P: 760-602-4615 F: 760-602-8560 Mlchele.Masterson@carlsbadca.gov From: Ellen William [mallto:ellenw31(i5)roadrunner.coml Sent: Friday, September 21, 2012 8:16 AM To: Michele Masterson Subject: smoking ban Yes, yes - ban smoking in all outdoor eating areas. Better yet - only smoke in your own iiome. Ellen Williams Change is all that we can count on Kira Linberg From: Michele Masterson Sent: Monday, September 24, 2012 10:51 AM To: Sheila Cobian Subject: FW: Smoking Ban at Outdoor Restaurants ''^ CITY OF CARLSBAD Community & Economic Devefopment Michele A. Masterson Senior Management Analyst P: 760-602-4615 F: 760-602-8560 Michele.Masterson@carlsbadca.gov From: Lindsay Dillon [mailto:dlllon.llndsav@qmall.com1 Sent: Friday, September 21, 2012 9:38 AM To: Michele Masterson Subject: Smoking Ban at Outdoor Restaurants Hi Michelle, I think that the city of Carlsbad should absolutely implement a ban on smoking at outdoor restaurants and cafes. As a pubic health professional, I am awai'e of the impact that different policies have on smoking. As a mom, wife, and local Carlsbad resident, I advocate for a ban to protect myself, my family, my friends, and my community from the harmful effects of second hand smoke. I am unable to attend the City Hall meeting on September 25, 2012 due to child care issues, but I hope that my voice is one among many that would like to see a ban in place. Thank you, Lindsay Dillon Kira Linberg From: Michele Masterson Sent: Monday September 24, 2012 11:19 AM To: Sheila Cobian Subject: FW: Proposed no-smoking ordinance Michele A. Masterson Senior Management Analyst P: 760-602-4615 F: 760-602-8560 Mlchele.Masterson@carlsbadca.gov —Original Message— From: Leticia Trevino-Reyes Sent: Friday, September 21, 2012 10:31 AM To: Michele Masterson Cc: Andrea Dykes Subject: FW: Proposed no-smoking ordinance —Original Message— From: Linda Sindair fmailto:slnclli@aol.coml Sent: Friday, September 21, 2012 9:36 AM To: Leticia Trevino-Reyes Subject: Proposed no-smoking ordinance Dear Ms. Trevino: I am in favor of the proposed new ordinance banning smoking in public outdoor spaces where food is served. In fact, I am in favor of banning smoking in all public areas. I ask that you forward my message to all City Council members before the 9/25/12 City Council meeting, strongly urging them to vote in favor of this ordinance. Passage of this ordinance is critical for the protection of public health and the ability of city residents and visitors, the majority of whom do not smoke, to enjoy public outdoor spaces. Thank you. Linda J. Sinclair 6122 Paseo Monona Carlsbad, CA 92009 Kira Linberg From: Sent: To: Subject: Michele Masterson Monday, September 24, 2012 11:18 AM Sheila Cobian FW: In FAVOR of the Carlsbad Proposed Smoking Ban for Outdoor Dining - please forward to city council members ...A. CARLSBAD Michele A. Masterson Senior Management Analyst P: 760-602-4615 F: 760-602-8560 Mlchele.Masterson@carlsbadca.gov From: Leticia Trevino-Reyes Sent: Monday, September 24, 2012 8:04 AM To: Michele Masterson Subject: FW: In FAVOR of the Carlsbad Proposed Smoking Ban for Outdoor Dining - please fonA/ard to city council members From: Pattle Caraallo [mailto:DcaraQllo@roadrunner.com1 Sent: Saturday, September 22, 2012 7:18 AM To: Council Internet Email; Leticia Trevino-Reyes Cc: pcaraQllo@roadrunner.com Subject: In FAVOR of the Carlsbad Proposed Smoking Ban for Outdoor Dining - please forward to city council members Dear Carlsbad City Council, Please let it be known that we are in favor of the Carlsbad Proposed Smoking Ban for Outdoor Dining. It's about time Carlsbad joined the list of other 70 + conscience California cities and other states who are protecting their citizens and visitors against this toxic activity. Please vote 'YES' this Tuesday, September 25*^ for a clean Carlsbad. Thank you, Pattie, Frank, Angela and Michael Caraglio 1310 Savannah Lane Carlsbad, CA 92011 Dcaraqlio@ roadrunner.com Kira Linberg From: Michele Masterson Sent: Monday September 24, 2012 11:18 AM To: Sheila Cobian Subject: FW: I support the proposed smoking ban on outdoor dining CARLSBAD Michele A. Masterson Senior Management Analyst P: 760-602-4615 F: 760-602-8560 Michele.Masterson@carlsbadca.gov From: Leticia Trevino-Reyes Sent: Monday, September 24, 2012 8:08 AM To: Michele Masterson Cc: Andrea Dykes Subject: FW: I support the proposed smoking ban on outdoor dining From: Ann Madison [mailto:Avmadison@roadrunner.com1 Sent: Sunday, September 23, 2012 3:39 PM To: Leticia Trevino-Reyes Subject: I support the proposed smoking ban on outdoor dining Dear Carlsbad City Council, Please let it be known that I am in favor of the Carlsbad Proposed Smoking Ban for Outdoor Dining. It's about time Carlsbad joined the list of other 70 + conscience California cities and other states who are protecting their citizens and visitors against this toxic activity. Please vote 'YES' this Tuesday, September 25*, for a clean Carlsbad. Thank you. Ann Madison 1326 Savannah lane CarIsbad,Ca 92011 Kira Linberg From: Karen Tincup <karen.tincup@semco.com> Sent: Friday September 21, 2012 12:41 PM To: Council Internet Email Subject: Support Smoke-Free Dining in Carlsbad Dear Mayor Matt Hall: As a Carlsbad resident, I kindly request your support of a Smoke-free Outdoor Dining Ordinance in our city. Secondhand smoke exposure poses serious health risks and kills an estimated 53,000 nonsmokers every year. The risk of death from coronary heart disease increases by up to 30 percent among people regularly exposed to environmental tobacco smoke. I stand with the American Heart Association in strong support of establishing smoke-free outdoor dining areas to reduce exposure to the hazards of secondhand smoke. Communities must enact policies to protect citizens who have chosen not to smoke. Both the U.S. Surgeon General and the National Institute of Occupational Safety and Health have found that simple separation of smokers and nonsmokers in public places does not provide adequate protection for nonsmokers. There is no safe level of smoke in public outdoor spaces. The American Heart Association is dedicated to supporting state and local action to protect non-smokers from environmental tobacco smoke. To protect the well-being of all Carlsbad residents and visitors, please approve the Smoke-free Outdoor Dining Ordinance on Tuesday, September 25. Sincerely, Karen Tincup 3604 Corte Castillo Carlsbad, CA 92009-9523 Kira Linberg From: Diane Morgan <dianemo41(3)yahoo.com> Sent: Friday, September 21, 2012 1:17 PM To: Council Internet Email Subject: Support Smoke-Free Dining in Carlsbad Dear Mayor Matt Hall: As a Carlsbad resident, I kindly request your support of a Smoke-free Outdoor Dining Ordinance in our city. Secondhand smoke exposure poses serious health risks and kills an estimated 53,000 nonsmokers every year. The risk of death from coronary heart disease increases by up to 30 percent among people regularly exposed to environmental tobacco smoke. I stand with the American Heart Association in strong support of establishing smoke-free outdoor dining areas to reduce exposure to the hazards of secondhand smoke. Communities must enact policies to protect citizens who have chosen not to smoke. Both the U.S. Surgeon General and the National Institute of Occupational Safety and Health have found that simple separation of smokers and nonsmokers in public places does not provide adequate protection for nonsmokers. There is no safe level of smoke in public outdoor spaces. The American Heart Association is dedicated to supporting state and local action to protect non-smokers from environmental tobacco smoke. To protect the well-being of all Carlsbad residents and visitors, please approve the Smoke-free Outdoor Dining Ordinance on Tuesday, September 25. Sincerely, Diane Morgan 4670 Telescope Ave Carlsbad, CA 92008-3764 Kira Linberg From: Sent: To: Subject: dina.masamoto@alumni.stanford.edu on behalf of Dina Masamoto <dina.masamoto@stanfordalumni.org> Friday, September 21, 2012 2:29 PM Council Internet Email Proposed Smoking Ban Dear Carlsbad City Council, Please let it be known that I am in favor of the Carlsbad Proposed Smoking Ban for Outdoor Dining. It's about time Carlsbad joined the list of other 70 + conscience California cities and other states who are protecting their citizens and visitors against this toxic activity. Please vote 'YES' this Tuesday, September 25*^, for a clean Carlsbad. Thank you. Dina l\/iasamoto 4773 Gateshead Road Carlsbad, CA 92010 masamoto @alumni.stanf ord.edu USANA Health Sciences Independent Distributor http://dina.usana.com Be good to yourself. If you don't take care of your body, where will you live? - Kobi Yamada From: Sent: To: Subject: Jana Browne <jana.w.browne@gmail.com> Friday, September 21, 2012 4:07 PM Council Internet Email; eticia.trevino@carlsbadca.gov In FAVOR of the Carlsbad Proposed Smoking Ban for Outdoor Dining Dear Carlsbad City Council, Please let it be known that I am In favor of the Carlsbad Proposed Smoking Ban for Outdoor Dining. It's about time Carlsbad joined the list of other 70 + conscience California cities and other states who are protecting their citizens and visitors against this toxic activity. Please vote 'YES' this Tuesday, September 25^^, for a clean Carlsbad. Thank you. Jana Browne 3355 Valley St. Carlsbad, CA 92008 Jana.w.browne @ amail.com Kira Linberg From: Sent: To: Subject: Sharon Steele <sharonsteele@roadrunner.com> Friday, September 21, 2012 5:57 PM Council Internet Email; 'letida.trevino@carlsbadca.gov.' In FAVOR of the Carlsbad Proposed Smoking Ban for Outdoor Dining Dear Carlsbad City Council, Please let it be known that we am in favor of the Carlsbad Proposed Smoking Ban for Outdoor Dining. It's about time Carlsbad joined the list of other 70 + conscience California cities and other states who are protecting their citizens and visitors against this toxic activity. Please vote 'YES' this Tuesday, September 25*^, for a clean Carlsbad. Thank you. Sharon and Mark SteeieV 1311 Savannah Ln Carlsbad CA 92011 Kira Linberg From: jwpparker@aol.com Sent: Saturday, September 22, 2012 12:05 AM To: Council Internet Email Subject: Smooking Ban for Outdoor Dining Subject: In FAVOR of the Carlsbad Proposed Smoking Ban for Outdoor Dining - please forward to city council members Dear Carlsbad City Council, Please let it be known that I am in favor of the Carlsbad Proposed Smoking Ban for Outdoor Dining. It's about time Carlsbad joined the list of other 70 + conscience California cities and other states who are protecting their citizens and visitors against this toxic activity. Please vote 'YES' this Tuesday, September 25*^, for a clean Carlsbad. Thank you. John Parker 1414 Cressa Ct Carlsbad CA 92011 The Estates Group Cell - 760-845-2627 E-Mail jwpparker@aol.oom or iparker@vounqsmarket.com Kira Linberg From: Pattie Caraglio <pcaraglio@roadrunner.com> Sent: Saturday September 22, 2012 7:18 AM To: Council Internet Email; Leticia Trevino-Reyes Cc: pcaraglio@roadrunner.com Subject: In FAVOR of the Carlsbad Proposed Smoking Ban for Outdoor Dining - please forward to city council members Dear Carlsbad City Council, Please let it be known that we are in favor of the Carlsbad Proposed Smoking Ban for Outdoor Dining. It's about time Carlsbad joined the list of other 70 + conscience California cities and other states who are protecting their citizens and visitors against this toxic activity. Please vote 'YES' this Tuesday, September 25^^, for a clean Carlsbad. Thank you, Pattie, Frank, Angela and Michael Caraglio 1310 Savannah Lane Carlsbad, CA 92011 Dcaraallo @ roadrunner.com Kira Linberg From: Sent: To: Subject: Lori Browne <scitch8@yahoo.com > Saturday, September 22, 2012 10:02 AM Council Internet Email Smoking ban-yes Dear Council Members: Please vote yes to ban outdoor smoking at restaurants. The health and enjoyment of our citizens will benefit. Lori Browne 3355 Valley St Carlsbad Ca 9208 Sent from my iPad Kira Linberg From: Ann Madison <Aymadison@roadrunner.com> Sent: Sunday, September 23, 2012 3:37 PM To: Council Internet Email Subject: Carlsbad proposed smoking ban for outdoor dining Subject: In FAVOR of the Carlsbad Proposed Smoking Ban for Outdoor Dining - please fonward to city council members Dear Carlsbad City Council, Please let it be known that I am in favor of the Carlsbad Proposed Smoking Ban for Outdoor Dining. It's about time Carlsbad joined the list of other 70 + conscience California cities and other states who are protecting their citizens and visitors against this toxic activity. Please vote 'YES' this Tuesday, September 25*^, for a clean Carlsbad. Thank you. Ann Madison 1326 Savannah Lane Carlsbad, Ca 92011 Kira Linberg From: Sent: To: Subject: tom@theabrells.net Monday September 24, 2012 10:54 AM Council Internet Email; Leticia Trevino-Reyes In FAVOR of the Carlsbad Proposed Smoking Ban for Outdoor Dining - please forward to city council members Dear Carlsbad City Council, Please let it be known that I am in favor of the Carlsbad Proposed Smoking Ban for Outdoor Dining. I am glad that Carlsbad is considering joining the list of other 70 + conscience California cities and other states who are protecting their citizens and visitors against this toxic activity. Please vote 'YES' this Tuesday, September 25"^, for a clean Carlsbad. Thank you Tom Abrell 1314 Savannah Lane Carlsbad, CA 92011 Kira Linberg From: Sent: To: Subject: L & P Sawyer <sawyerlp@roadrunner.com> Monday, September 24, 2012 12:35 PM Council Internet Email Please vote yes on September 25 Dear Carlsbad City Council, I urge you to vote to protect employees and restaurant patrons from the toxic effects of smoking. Thank you, Phyllis &. Larry Sawyer Sawverlp@roadrunner.com Sent from my IPad... Kira Linberg From: Sheila Cobian Sent: Monday September 24, 2012 1:23 PM To: Kira Linberg Subject: FW: Ban smoking for outdoor dining areas From: Michele Masterson Sent: Monday, September 24, 2012 12:46 PM To: Sheila Cobian Subject: FW: Ban smoking for outdoor dining areas CARLSBAD Community & Economic Oeveiopmefit Michele A. Masterson Senior Management Analyst P: 760-602-4615 F: 760-602-8560 Michele.Masterson@carlsbadca.gov From: Dana Dubbs [mailto:ddubbs@pacbell.net1 Sent: Monday, September 24, 2012 12:43 PM To: Michele Masterson Subject: Ban smoking for outdoor dining areas Dear Carlsbad City Council Members, Please do the right thing and vote to ban smoking for outdoor dining areas in the City of Carlsbad. I used to enjoy going to Coyote Bar & Grill and some of the other venues with outdoor entertainment in Carlsbad. I say "used to" because I can no longer stomach being around all the smoke that goes along with patronizing those places. It makes me physically ill and completely ruins my evening. When I want to dine outdoors and/or listen to music outdoors, Carlsbad is not a city that I consider for doing those things. The only thing that will bring me back is for the Carlsbad City Council to vote to ban smoking for outdoor dining areas. Thank you, Dana Dubbs ddubbs@pacbell.net Kira Linberg From: Sheila Cobian Sent: Monday, September 24, 2012 4:28 PM To: Kira Linberg Subject: FW: Smoke Free Carlsbad —Original Message— From: Michele Masterson Sent: Monday, September 24, 2012 4:22 PM To: Sheila Cobian Subject: FW: Smoke Free Carlsbad Michele A. Masterson Senior Management Analyst P: 760-602-4615 F: 760-602-8560 Michele.Masterson@carlsbadca.gov —Original Message— From: Irina Gronborg fmailto:gronborg2@gmail.com1 Sent: Monday, September 24, 2012 4:06 PM To: Michele Masterson Subject: Smoke Free Carlsbad I might consider dining out in Carlsbad if I could enjoy a smoke-free patio as I can at home in Soiana Beach or next door in Del Mar and Encinitas. Irina Gronborg 424 Dell Court Soiana Beach 92075 Kira Linberg From: Sent: To: Cc: Subject: Leticia Trevino-Reyes Monday, September 24, 2012 5:05 PM Michele Masterson Kira Linberg FW: In favor of proposal to ban smoking —Original Message— From: L 8i P Sawyer fmallto:sawverlp@roadrunner.coml Sent: Monday, September 24, 2012 12:41 PM To: Leticia Trevino-Reyes Subject: In favor of proposal to ban smoking Dear Carlsbad City Council, I urge you to vote yes to protect employees and dining patrons from the toxic effects of smoking in Carlsbad. Thanks for the opportunity to voice our opinion, Phyllis 8t Larry Sawyer 2610 Abedul Street Carlsbad, CA 92009 Sawverlp@roadrunner.com Sent from my IPad... Kira Linberg ^ From: Cindy Huntzinger <chuntzingerl@yahoo.com> Sent: Monday September 24, 2012 7:49 PM To: Council Internet Email; Leticia Trevino-Reyes Subject: In favor of smoking ban City Council, Please let it be known that I am In favor of the Carlsbad Proposed Smoking Ban for Outdoor Dining.It's about time Carlsbad joined the list of other 70 + conscience California cities and other states who are protecting their citizens and visitors against this toxic activity. Please vote 'YES' this Tuesday, September 25*^ for a clean Carlsbad. Thank you. Cindy Huntzinger 808 Bluwater Rd. Carlsbad Ca. 92011 chuntzlnqerl @ vahoo.com Kira Linberg From: Sheila Cobian Sent: Tuesday, September 25, 2012 9:59 AM To: Kira Linberg Subject: FW: Public comment on smoke-free outdoor dining From: Michele Masterson Sent: Tuesday, September 25, 2012 9:57 AM To: Sheila Cobian Subject: FW: Public comment on smoke-free outdoor dining CARLSBAD Michele A. Masterson Senior Management Analyst P: 760-602-4615 F: 760-602-8560 Michele.Masterson@carlsbadca.gov From: Ana Palomo-Zerfas [mailto:aDalomozerfas@Qmall.com1 Sent: Tuesday, September 25, 2012 9:47 AM To: Michele Masterson Subject: Public comment on smoke-free outdoor dining Dear Ms. Michele Materson, I would like to express my support on the proposed smoking ban for outdoor dining areas in Carlsbad. I am a resident of 4 years of the beautiful city of Carlsbad, currently residing at Adams Street Apartments. Earlier this year our apartment complex went smoke-free, and my family and I really enjoy the change. I feel comfortable strolling through the complex with my daughter without having to worry of potential exposure to second-hand smoke. I support smoke-free outdoor dining because I would like to enjoy dinning outdoors with my family widiout having to worry about exposing ourselves to second-hand smoke.I believe that smoke-free outdoor dining will really make a positive impact on the health of Carlsbad residents. And I commend our city officials for putting Carlsbad residents' health first and leading by example. I hope that my fellow residents will support smoke-free outdoor dinning and set a trend for North County. Sincerely, Ana Palomo-Zerfas JOra^Unberg^ From: Sheila Cobian Sent: Tuesday September 25, 2012 10:39 AM To: Kira Linberg Subject: FW: Carlsbad smoke free dining areas From: Michele Masterson Sent: Tuesday, September 25, 2012 10:39 AM To: Sheila Cobian Subject: FW: Carlsbad smoke free dining areas CARLSBAD Michele A. Masterson Senior Management Analyst P: 760-602-4615 F: 760-602-8560 Michele.Masterson@carlsbadca.gov From: Lynda.Barbour(S)cancer.orQ [mailto:Lynda.Barbour@cancer.oral Sent: Tuesday, September 25, 2012 10:35 AM To: Michele Masterson Subject: Carlsbad smoke free dining areas Dear Michele, As a visitor of Carlsbad's lovely community, and a new Grandma who plans to frequent Legoland with our Grand-Triplets in the near future , Id like to urge the city council to pass the smokefree dining ordinance being considered tonight. I want my babies to be able to enjoy the park and nearby restaurants without fear of experiencing secondhand smoke exposure induced asthma attacks. Thanks! Lynda Barbour 2225 Linwood St, B10 SDCA92110 Lynda Barbour, MPH | Director, Field Advocacy Cancer Control j American Cancer Society Cancer Action Network, Inc. 2655 Camino Del Rio North, Ste 100 San Diego, CA, 92108 Phone: 619.682.7416 | Mobile: 619.405.2683 | Fax: 619.296.0928 | Main: 619.682.7416 acscan.orq 1 Kira Linberg From: Sheila Cobian Sent: Tuesday, September 25, 2012 11:02 AM To: Kira Linberg Subject: FW: I support smoke-free outdoor dining in Carlsbad From: Michele Masterson Sent: Tuesday, September 25, 2012 11:02 AM To: Sheila Cobian Subject: FW: I support smoke-free outdoor dining in Carlsbad ^ c 1 T r Q ^ CARLSBAD Michele A. Masterson Senior Management Analyst P: 760-602-4615 F: 760-602-8560 Michele.Masterson@carlsbadca.gov From: Lisa Archibald [mailto:llsa.archlbald@Qmall.coml Sent: Tuesday, September 25, 2012 10:42 AM To: Michele Masterson Subject: I support smoke-free outdoor dining in Carlsbad Ms Masterson, As a resident of coastal North County, I often visit the City of Carlsbad to shop and dine out. 1100% support the City's proposed ordinance (AB#21.013) to establish smoke-free outdoor dining. Our local governments have the responsibility of protecting it's residents, and visitors to their community, from public health hazards. Not to mention the servers unlucky enough to have to work their shift around people smoking. Exposure to cigarette smoke is proven to cause cancer in nonsmokers and can trigger asthma attacks in others! Please do your part and make the outdoor dining aieas smoke-free so everyone can enjoy a safe and healthy Carlsbad! Lisa Archibald 4165 ViaCandidiz#24 San Diego CA 92130 858-461-0536 Kira Linberg From: Sheila Cobian Sent: Tuesday, September 25, 2012 8:43 AM To: Kira Linberg Subject: FW: Yes on Smokefree Dining for Carlsbad! From: Michele Masterson Sent: Tuesday, September 25, 2012 8:33 AM To: Sheila Cobian Subject: FW: Yes on Smokefree Dining for Carlsbad! CARLSBAD Michele A. Masterson Senior Management Analyst P: 760-602-4615 F: 760-602-8560 Mlchele.Masterson@carlsbadca.gov From; Tnnia Hagaman [mallto;tonlahaaaman@vahoo.com1 Sent: Monday, September 24, 2012 10:05 PM To: Michele Masterson Cc: dhosford@vistacommunitvclinlc.orQ Subject: Yes on Smokefree Dining for Carlsbad! Dear City of Carlsbad Council Members, I'm a former resident and still very frequent visitor to Carlsbad, and I'm writing to ask you to please consider adopting the proposed smoke-free outdoor dining ordinance. Carlsbad is one of those very special communities where people come first, and where the health of the community is important to everyone. Carlsbad was an idyUic place to grow up, and I'm so grateful that my parents chose it, and were active City employee and citizen participants in making the city what it is today (helping to found the Carlsbad Educational Foundation, participating in Rotary, and providing vision and implementation for city planning and services). Each time I visit, I am amazed by the ongoing improvements, from development and business, city services and community involvement, to parks and recreation. Carlsbad's community parks, beaches, open space, and the trail system are wonderful assets to the City. I was incredibly proud when the City adopted a smoke-free parks policy to make the parks even lovelier, cutting down on toxic tobacco litter and ensuring clean air for all who enjoy these spaces. This is a wonderful example to the City's smallest residents, and to all who enjoy the parks, creating an environment where smoking is not the norm. The new smoke-free outdoor dining law will protect patrons and workers from the dangerous health effects of breathing in secondhand smoke, and provide nonsmokers and those who are trying to quit with a smoke-free dining experience. The reality is that 88% of California's population doesn't smoke, and that there isn't a constitutional right to smoke - especially when it infringes on others' right to breathe clean air. The Cahfomia Air Resources Board has declared secondhand smoke a toxic air contaminant (defined as an outdoor air pollutant that may cause or contribute to an increase in deaths or in serious illness, or which may pose a present or potential hazard to human health). As of July 1, 2012, 39 jurisdictions in California alone have adopted 100% smoke free dining policies to protect their citizens, both patrons and employees. With jobs in high demand, an employee shouldn't have to choose between making a living and being exposed to secondhand smoke. Outdoor dining policies do not have negative effects on businesses, and in fact can increase patronage, since the overall dining experience is so much more pleasant. Having a law in place creates a level playing field for all businesses, and shows that the City continues to be forward- thinking in ways to support health and wellness for its residents and visitors. This new law will be a very positive step for the City - good for business, good for families, and good for tourism. I know I'll be eating out on one of Carlsbad's outdoor patios on my next visit if this law passes! Thank you for your consideration. Sincerely, Tonia Hagaman, MPH CHS, Class of 1987 September 25, 2012 City Council, City of Carlsbad 1200 Carlsbad Village Dr. Carlsbad CA Agenda Item # ^ For the members of the: CITV COUNCIL ACM ^\SCM yCA^CC City Manager RE: AB #21 013- PROHIBITION OF SMOKING IN UNENCLOSED DINING AREAS. To: The Honorable Mayor Hall Honorable Council members Kulchin, Blackburn, Douglas, & Packard The American Cancer Society Cancer Action Network urges the Carlsbad City Council to pass this outdoor dining ordinance, California state law only prohibits smoking in indoor areas of restaurants and bars and municipalities are not preempted from passing a stronger law to prohibit smoking within outdoor dining areas of bars and restaurants. As many workers appreciate the health benefits of smoke-free indoor air, they deserve to enjoy those same benefits in restaurant patios since they cannot move away from smoke when working in that area. • The U.S. Environmental Protection Agency has classified secondhand smoke as a "Group A" known carcinogen placing it in the same category as radon, benzene, and asbestos. • The U.S. Surgeon General has declared that there is "no risk- free level of exposure to secondhand smoke. Breathing even a little secondhand smoke can be harmful to your health." • In 2005, the California Air Resources Board (ARB) released a report that evaluated the first-ever monitoring of the level of outdoor exposure to secondhand smoke on the health of California residents. Based on the conclusions of this report, the ARB adopted a regulatory amendment identifying secondhand smoke as a toxic air contaminant - an outdoor air pollutant that may cause or contribute to an increase in deaths or in serious illness, or which may pose a present or potential hazard to human health. • Scientific research on outdoor exposure to secondhand smoke is growing. In May 2 007, Stanford University researchers published an in-depth study of outdoor secondhand smoke levels. The primary finding is that secondhand smoke exposure levels can be significant near an active smoker. The American Cancer Society Cancer Action Network urges the passage of your smoke-free dining ordinance. Protecting the health of, and promoting a better quality of life for your residents and guests who will benefit from smoke free outdoor dining is the right thing to do I Sincerely, Lynda Barbour Field Advocacy Director American Cancer Society Cancer Action Network 2655 Camino Del Rio North, Ste 100 San Diego CA 92108 619-682-7416 Kira Linber Agenda Item # ^ For the members of the: From: Sent: To: Subject: Suellen Shea <shea.sa@sbcglobal.net> Monday September 24, 2012 5:35 PM Council Internet Email DO NOT BAN PATIO SMOKING AT RESTAURANTS. \cMj:^cM_cA^cc::::;l OateJil^^City Manager[J^^--~ .because There are many of us who enjoy dining out, having a glass of wine and a cigarette & we are getting DAMN sick & tired of these No Smoking Busybodies who go from town to town "butting In" (no pun intended) & trying to shut out any rights for smokers... . ' ^ These busybodies won't be happy until they SHUT DOWN EVERY SINGLE PLACE....They've already done all restaurants (Indoors) BEACHES, PARKS, PIERS, BALLFIELDS & some WHOLE TOWNS -you name it!! The ONLY thing left for us Is some patio venues Smoking is NOT ILLEGAL (the states love the tax money) and it is A PERSONAL RESPONSIBILITY whether to smoke or not....and not their business. (Also, there are some well-known studies that have shown no danger of second-hand smoke, but rarely quoted, of course.) HOW MANY OF YOU GREW UP WITH SMOKERS ALL AROUND YOU WHEN IT WAS ALLOWED EVERYWHERE? All of us - that are In their 30's and older! I No one cared until It got politically correct to ban everything!! I/we GO TO CARLSBAD AT LEAST ONCE A WEEK and meet with a group of TrI City area friends (some smoke, some do not ) and we ALL go to Hennessey's patio . Other times friends come from all over meet us at Coyote Cafe,Hennessey's and other venues with patlo/smoking & WE ENJOY IT.... We are retired and finally have the time and money to enjoy these outings..... IF YOU PASS THIS WE'LL go elsewhere or ENTERTAIN OUR FRIENDS AT HOME. ' THERE ARE PLENTY OF PLACES FOR THESE BUSYBODIES THEY DON'T HAVE TO GO TO THE FEW PLACES THAT ALLOW US TO ENJOY OURSELVES!!!!!!!!!!!!! Suellen Shea Date: Distribution: City Clerk Asst. City Clerk _ I3eputy Clerk _ Book Kira Linberg From: Sent: To: George Malasek <gmalasek@struansinc.com Monday, September 24, 2012 9:59 AM Council Internet Email; clerk(a)calsbadca.gov > Subject: AB #21,013 PLEASE VOTE AGAINST To Whom It May Concern; I just wanted to write to you as a resident of Carlsbad and one that enjoys the freedom of living in the United States of America that you do not vote in favor of AB 21,013 but rather allow the choice to be made by the consumer and the establishment I have no problem with prohibiting smoking in specific "DINING" areas, however, I do object to disallowing smoking in outdoor patio/bar sections that may also serve food as a secondary function. I believe that the consumers will determine what businesses should and shouldn't do based on wether they frequent them or not. It is my opinion that we as a community are regulating ourselves into oblivion. I have far more faith in our consumers and our small business owners to make the right choices then to continouosly add new laws and regulations that eat away at our individual freedoms. Thank you, George J. Malasek 6266 Paseo Elegancia Carlsbad, CA 92009 PROHIBIT SMOKING IN UNENCLOSED DINING AREAS MCA 12-01 Michele Masterson September 25, 2012 Background •Vista Community Clinic requested city prohibit smoking in outdoor dining areas •Existing State law prohibits smoking in enclosed places of employment •Current CMC Chapter 6.14 was enacted in 1983, prior to the 1988 State enactment Background •Proposed ordinance is modeled after similar ordinances: –Chula Vista –Del Mar –El Cajon –Encinitas –National City –Solana Beach 3 Outreach •Conducted an outreach to potentially affected businesses and smoke-free advocates: •Available on the city website for review and comment •Post card mailing to affected businesses 4 Amendment •Prohibits smoking in unenclosed dining areas •Including areas for both food and drink •Reasonable distance provision •Posting of signs 5 Recommendation Introduce Ordinance CS-188 amending Title 6 (Health and Sanitation), Chapter 6.14 of the Carlsbad Municipal Code to prohibit smoking in unenclosed dining areas and bring Carlsbad’s smoking prohibition ordinance into compliance with state law 6 Questions? 7