HomeMy WebLinkAboutOrdinance 1351 (Smoking in Public Areas)CLERK'S CERTIFICATE
I, JEANNE M. LEONCINI, City Clerk of the City
of San Rafael, and Ex -officio Clerk of the Council of
said City do hereby certify that the foregoing Charter
Ordinance No. 1351 entitled:
AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING CHAPTER 8.14 OF
THE SAN RAFAEL MUNICIPAL CODE "SMOKING PROHIBITED IN CERTAIN PUBLIC
AREAS"
is a true and correct copy of an ordinance of said City
and was introduced at a regular meeting of
the City Council of the City of San Rafael, held on the
first day of October , 1979, published as
required by City Charter in the Independent -Journal ,
a newspaper printed and published in the City of San Rafael
and passed and adopted as an ordinance of said City at a
regular meeting of the City Council of said City
held on the fifteenth day of October , 1979, by the
. following vote, to wit:
AYES: COUNCILMEMBERS: Breiner, Jensen, Nixon & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Miskimen
WITNESS my hand and the official seal
of the City of San Rafael this 18th
day of October , 1979.
Jn E M. LEONCINI, City Clerk
ORDINANCE NO. 1351
AN ORDINANCE OF THE CITY OF SAN RAFAEL
AMENDING CHAPTER 8.14
OF THE SAN RAFAEL MUNICIPAL CODE
"SMOKING PROHIBITED IN CERTAIN PUBLIC AREAS"
THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DO ORDAIN AS FOLLOWS:
DIVISION 1. Section 8.14.030 h. of Chapter 8.14
"Smoking Prohibited in Certain Public Areas" of the San Rafael
Municipal Code, adopted by Ordinance No. 1344, is hereby amended
to read in its entirety as follows:
8.14.030 h. Smoking shall be prohibited within every pub-
licly or privately owned restaurant, coffeeshop, cafeteria, short-
order cafe, luncheonette, sandwich stand, soda fountain or other
eating establishment serving food to the general public whose occu-
pied capacity is 20 or more persons: provided, however, that
this prohibition against smoking shall not apply within any such
establishment maintaining a contiguous "no smoking" area of a
reasonable size designated by the owner or operator and for which
notice is supplied by posted signing at the entrance of the premises.
Said signing shall notify patrons that no -smoking seating is
available upon request. Owners or operators shall make good faith
efforts to seat patrons in such no -smoking sections when requested.
This prohibition shall not apply to restaurants which qualify under
the provisions of Section 8.14.070; nor to banquet rooms in use for
private functions.
DIVISION 2. Section 8.14.070 b. of Chapter 8.14
"Smoking Prohibited in Certain Public Areas" of the San Rafael
Municipal Code, adopted by Ordinance No. 1344, is hereby amended to
read in its entirety as follows:
8.14.070 b. The above ventilation exceptions shall not
apply to the following areas where smoking is to be absolutely pro-
hibited: elevators, service lines, public transportation facilities
open to the public, public health care facilities as regulated in
Section 8.14.030 b., theaters as regulated in Section 8.14.030 e.,
and restrooms open to public use.
DIVISION 3. Section 8.14.070 c. of Chapter 8.14 "Smoking
Prohibited in Certain Public Areas" of the San Rafael Municipal Code,
adopted by Ordinance No. 1344, is hereby repealed.
ORDINANCE NO. 1351
DIVISION 4. This Ordinance shall be published once in
full before its final passage in a newspaper of general circulation,
printed, published, and circulated in the City of San Rafael, and
shall be in full force and effect thirty (30) days after its final
passage.
DIVISION 5. If any section, subsection, sentence, clause,
or phrase of this Ordinance is for any reason held to be invalid,
such decision shall not affect the validity of the remaining portions
of this Ordinance. The Council hereby declares that it would have
adopted the Ordinance and each section, subsection, sentence, clause,
or phrase thereof, irrespective of the fact that any one or more
sections, subsections, sentences, clauses, or phrases be declared
invalid.
,1 LAWRENCE E. MULRYAN, Mayor
Attest:
JEANNE M. LEO INT City Clerk
REGINA A. BUCHANAN, - Deputy City Clerk
The foregoing Ordinance No. 1351 was read and intro-
duced at a regular meeting of the City Council of the City of
San Rafael, held on the first day of October , 1979, and
ordered passed to print by the following vote, to wit:
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
and will come up for adoption as an Ordinance of the City of San
Rafael at a regular meeting of the Council to be held on the
fifteenth day of October
, 1979.
JEANNE M. LEONCINI, City Clerk
-----------------
REGINA A. BUCHANAN. - Deputy City Clerk
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