HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 11/05/2013 - FIRST READING OF ORDINANCE NO. 158, 2013, AMENDINGAgenda Item 15
Item # 15 Page 1
AGENDA ITEM SUMMARY November 5, 2013
City Council
STAFF
Beth Sowder, Neighborhood Services Manager
SUBJECT
First Reading of Ordinance No. 158, 2013, Amending Article III of Chapter 12 of the City Code Pertaining
to Smoking in Public Areas.
EXECUTIVE SUMMARY
The purpose of this item is to propose an expansion of the City’s Smoking Ordinance to include smoke-
free outdoor dining areas, bar patios, and Transfort’s public transit facilities, shelters, benches, and
platforms.
This item proposes expansion of the City’s Smoking Ordinance to include outdoor dining areas, bar
patios, and Transfort’s public transit facilities in response to citizen feedback, enforcement issues, health
impacts, and best practices. Research is beginning to indicate that outdoor exposure to secondhand
smoke has negative health impacts, and both local and national trends show an increase in smoking
regulations in outdoor areas. The City of Fort Collins Neighborhood Services and Transfort Departments
worked closely with the Larimer County Department of Health and Environment to research public health
trends and best practices regarding smoking regulations.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
History
In 1984, Fort Collins was the first city in Colorado to pass a comprehensive smoking ordinance. The
ordinance limited smoking in public buildings and required restaurants to have no-smoking sections. It
was passed by City Council but then placed onto the ballot by referendum. The voters passed the
referendum, agreeing with the City ordinance, and made history because it was only the second time the
tobacco industry had been defeated on the ballot (the first time was in San Francisco in 1982). In 2003,
Fort Collins was one of the first communities in Colorado to designate bars, restaurants, and workplaces
as smoke-free. In 2006, the Fort Collins’ Smoking Ordinance was amended to conform to the Colorado
Indoor Clean Air Act which helped the community regulate smoking in all indoor public places.
The City of Fort Collins has a history of working collaboratively with the Larimer County Department of
Health and Environment and Tobacco Free Larimer County. Both agencies assisted when the City
adopted the smoking ordinance prohibiting smoking in all indoor public places. The agencies collaborate
to provide community education, training, signs and other educational materials, research data and
trends, evidence-based public health information, and on-going education and information sharing.
Over the past 2-3 years, enforcement issues and citizen concerns regarding the City’s current smoking
ordinance have been increasing. Based on requests from citizens, staff worked with Larimer County and
began exploring options to strengthen or expand the smoking ordinance. One of the key areas of
concern and confusion was related to whether there is already a ban on smoking in outdoor dining
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areas/patios. This confusion stemmed from the current regulation that requires no smoking within 20 feet
of doors. This regulation resulted in some establishments being able to allow smoking on patio tables
that are more than 20 feet from a door, so some patios could allow some smoking while others were too
small to allow any and others simply chose not to allow it at all. Ultimately, people were confused about
whether smoking was allowed on patios.
Additionally, in 2012, Larimer County Department of Health and Environment had staff and resources
available to work collaboratively with Neighborhood Services and Transfort to research, survey, and
develop options regarding smoking in outdoor public places. Larimer County received the Tobacco
Education, Prevention, and Cessation grant from the Colorado Department of Public Health and
Environment in order to help support some of the work and research involved in this effort. If Council
chooses to adopt this Code expansion, the grant money will also help fund signage to businesses for their
patios as well as some Transfort signage.
City Council discussed this item at its August 13, 2013 Work Session (See Attachment 1 for summary).
Council directed staff to move forward with the smoking ordinance expansion options.
Health Impacts (See Attachments 2 and 3)
Secondhand smoke has been designated as a human cancer-causing agent by the Environmental
Protection Agency (EPA) and several other national and state agencies. Various Surgeon Generals’
reports advise that “there is no safe level of secondhand smoke”. Recent research conducted in 2010
concludes that even short term exposure to tobacco smoke has an immediate effect on the systems of
the body. New methods of measurement show poisonous particulates from tobacco smoke in outdoor
areas near buildings, covered areas, and restaurant and bar patios and service lines are significant,
especially when in close proximity to others. Both national and local studies (done in Greeley and
Pueblo) show communities with indoor smoke-free laws generally have fewer overall hospitalizations for
heart attacks and respiratory emergencies.
It is well known that exposure to secondhand smoke causes lung cancer, increased risks for other
cancers, and respiratory illnesses. The Center for Disease Control recommends designating smoke-free
areas as a proven practice to improve health. Additionally, chronic diseases such as asthma, heart
disease, and lung disease get worse upon secondhand smoke exposure. Drifting tobacco smoke can
trigger asthmatic attacks, bronchial infections, and other serious health problems in nonsmokers.
Expanding smoke-free areas offers more protection for the health of the community.
More specifically, measurements of secondhand smoke conducted in a variety of outdoor locations by the
California Air Resources Board in 2008, found that in many settings, especially next to buildings,
concentrations of secondhand smoke are comparable to indoor concentrations where smoking is
permitted. The Environmental Protection Agency uses the air quality index (AQI) with rating levels from
0-500. It is helpful to know that corresponding health advisory categories range from good (AQI of 50 or
below) to very hazardous (AQI rating above 400). Recent studies at outdoor dining areas and bar patios
where smoking was allowed measured an AQI of above 150 which corresponds to a health advisory
indicating that the air is unhealthy for everyone. (Attachment 3)
National and Local Trends (Attachment 2)
There are growing trends, both nationally and locally, toward having outdoor smoke-free environments.
Nationally, 266 municipalities have smoke-free outdoor dining, 126 municipalities have smoke-free
outdoor dining areas and bar patios, and 313 municipalities have smoke-free outdoor transit areas.
Approximately, 2,300 regulations exist within states, cities, and counties that restrict smoking in other
outdoor areas including: parks, beaches, stadiums, entertainment venues, etc. In Colorado, seven
municipalities have adopted smoke-free outdoor dining areas and bar patios, and five municipalities have
smoke-free outdoor public transit waiting area laws.
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According to a 2013 national Gallup survey, almost 60% of respondents supported no smoking laws/rules
in public places. This is up from 30% in 2003. Additionally, 53% of respondents in the Health District of
Northern Colorado 2010 Community Health Survey said it was not acceptable to smoke in public.
Fort Collins is known as a healthy community. The rate of cigarette use among residents continues to
drop and is currently at 11.3% according to the Health District of Northern Colorado 2010 Survey. This
puts Fort Collins ahead of most communities in reaching the Healthy People 2010 goal for reducing
cigarette use to below 12%. Smoke-free areas are a proven public health strategy to reduce use. The
City’s smoking ordinance adopted in 2003 is likely a contributing factor for the significant 3% drop in
cigarette use from 2001 to 2004. Additionally, tobacco rates are considered when overall health ratings
of a community are determined, and Fort Collins has received various healthy community designations
which lend to the community and provide economic appeal.
Current Smoking Ordinance
Currently, the City of Fort Collins smoking ordinance prohibits smoking in the following places:
Places of employment
Public buildings
Businesses used by the public (including bowling alleys and bingo parlors)
Indoor restaurants, cafes, coffee shops, and bars
Indoor common areas (lobbies, hallways, clubhouses, etc.) of multi-family residential complexes
20 feet from all entryways of places of employment, public buildings, and businesses.
The current penalty is a criminal misdemeanor with fines up to $1,000 and/or up to 180 days in jail.
Enforcement is done by Code Compliance by responding to complaints and doing some proactive patrols
downtown.
Overall, compliance with the current smoking ordinance has been successful with relatively few
complaints received and little enforcement action needed. Since 2003, Code Compliance has received
approximately 350 complaints, issued 7 citations, and gained voluntary compliance in most cases.
Usually, a discussion with the business owner regarding the complaint is enough to resolve the problem.
Occasionally, enforcement action must occur. Most of the complaints and inquires occurred during the
first couple years after the ordinance was adopted.
Smoking Ordinance Expansion Proposal
Based on public support, code compliance experience, departmental input from Neighborhood Services
and Transfort, and emerging research on public health regarding secondhand smoke in outdoor areas,
the proposed expansion of the smoking ordinance includes:
Outdoor dining areas and bar patios
20 feet from outdoor dining areas and bar patios
Outdoor areas at public transit facilities except for a designated smoking area that is 20 feet from
building entrances, bus shelters and benches
20 feet from bus stop shelters, benches, and platforms.
If Council chooses to adopt these changes, staff will enhance education efforts to impacted restaurants,
bars, and transit areas. This will include in-person visits to restaurant and bar owners/managers,
information provided to the general public through articles, signs, social media, etc., educational
campaigns at transit stations and on busses. Additionally, we will provide additional and improved
signage to restaurants and bars with outdoor dining areas or patios, and add new signs at transit facilities.
Enforcement efforts will begin with more of an educational approach - including proactive patrols to
impacted areas where people will be told about the new, expanded ordinance. Fort Collins Police
Services have agreed to partner with and assist Code Compliance with downtown smoking patrols and
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enforcement as they are able. This will help with the initial enforcement process to ensure compliance is
occurring early on since this is when, based on past experience, most complaints about violations will
likely happen. Continued enforcement will be the responsibility of Code Compliance. Enforcement efforts
at/on transit facilities will be coordinated by transit security.
Implementation
Staff recommends an implementation date of January 1, 2014. This will give staff enough time to get the
signs made and delivered/hung, educational materials made, as well as to conduct public outreach.
FINANCIAL / ECONOMIC IMPACT
There may be some financial impact to local businesses due to the expansion of the smoking ordinance
with either an increase or decrease in business.
There will be no increase to the City budget; however, enforcement and educational efforts will utilize
existing City resources.
ENVIRONMENTAL IMPACTS
There will be improved air quality in outdoor dining areas, bar patios, and transit locations due to less
secondhand smoke exposure.
BOARD / COMMISSION RECOMMENDATION
The Air Quality Advisory Board voted to support the proposed expansion of the smoking ordinance at
their September 16, 2013 meeting (Attachment 4).
PUBLIC OUTREACH
In late 2012 and early 2013, City staff conducted outreach and informal surveys to gather local input
regarding the possibility of expanding the local smoking ordinance to outdoor dining areas and bar patios.
The following input was received:
Fort Collins Survey - General Public (1,358 respondents)
Do you support smoke-free outdoor dining areas and bar patios?
Strongly support 61.1%
Somewhat support 6.8%
Don’t know 1.7%
Somewhat oppose 7.9%
Strongly oppose 22.5%
68% of respondents support expanding the smoking ordinance to include outdoor dining areas and bar
patios. Only 16% of respondents indicate that they currently experience problems with exposure to
secondhand smoke in these outdoor areas.
Fort Collins Survey - Restaurant/Bar Managers (14 respondents - focused on businesses that currently
allow smoking on their outdoor patios)
Has the existing indoor smoke-free laws affected business?
No impact/neutral 42.9%
Positive impact 35.7%
Negative impact 14.3%
Don’t know 7.1%
Agenda Item 15
Item # 15 Page 5
57% of respondents currently allow smoking on their outdoor dining area or bar patio.
57% of respondents do not support an expansion of the smoking ordinance.
Staff also interviewed Transfort riders and conducted an online survey to try to understand the level of
support for implementing smoke-free policies in transit areas and 20-foot perimeter from bus shelters,
benches and platforms. The following input was received:
Transfort Riders Survey (115 riders interviewed)
Support smoke-free policies 60%
Oppose smoke-free polices 33%
Don’t know 7%
Transfort On-line Survey (41 respondents)
Support smoke-free policies 88%
Oppose smoke-free policies 12%
Additionally, the following outreach methods were used:
Coloradoan Articles
CityNews article
Social Media
Presentations to the Air Quality Advisory Board
City Council Work Session (August 13, 2013)
ATTACHMENTS
1. City Council Work Session Summary - August 13, 2013
2. Expanding the Smoking Ordinance - Why?
3. Health Impacts of Outdoor Secondhand Smoke Studies
4. Air Quality Advisory Board Meeting Minutes, September 16, 2013
5. PowerPoint Presentation
ATTACHMENT 1
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GROWING PUBLIC SUPPORT FOR
CLEAN AIR & SMOKE‐FREE ENVIRONMENTS
LOCAL TRENDS
The Health District of Northern Colorado did a 2010
Community Health Survey and 53% of respondents said it was
not acceptable to smoke in public.
The City of Fort Collins did a 2013 survey and 68% of
respondents support outdoor smoke-free dining areas/bar
patios.
A recent survey found 78% of Fort Collins bar restaurant
managers/ owners said the existing smoking ordinance
requiring indoor areas of bars and restaurants to be smoke-
free had NO impact or a POSITIVE impact on their business.
In that same survey, 57% of Fort Collins bar restaurant
managers/ owners allowed smoking in their outdoor restaurant
dining area or bar patio and did NOT support an expansion of
the smoking ordinance.
Fort Collins Public Survey: do you support
smoke-free outdoor dining area/bar patios?
TOTAL RESPONSES = 1,358
Restaurant/Bar Managers Survey: has
existing indoor smoke-free ordinance affected
business?
TOTAL RESPONSES = 14
LOCAL CIGARETTE USE RATES
- The rate of cigarette use among residents continues to drop
and is currently at 11.3% according to a 2010 survey by the
Health District of Northern Colorado.
- Fort Collins is ahead of most communities in reaching
Healthy People 2010 goals by reducing use to below 12%.
- Smoke-free areas are a proven public health strategy to help
reduce use. The city smoking ordinance (implemented in
2004) is likely a contributing reason for the significant 3%
drop in cigarette use from 2001 to 2004.
- Tobacco use rates are considered when overall health ratings
of a community are determined; Fort Collins has received
various healthy community designations which lend visibility
to the community and provide economic appeal.
SURVEY OF LOCAL BUS RIDERS
Transfort, the City’s transit service, sought public opinion on
implementing smoke-free public transit facilities and a smoke-
free 20-foot perimeter around bus stops. About 115 Fort
Collins bus riders were interviewed and about 41 residents
took an online survey.
ONLINE RESULTS INTERVIEW RESULTS
NATIONAL TRENDS
In a 2013 national survey, almost 60% surveyed supported no
smoking in public places.
2013 Gallup Poll: smoking should be illegal in all public
places.
10%
20%
30%
40%
50%
60%
70%
2003 2005 2007 2013
22% 61%
8%
ATTACHMENT 3
ATTACHMENT 4
1
Smoking Ordinance Expansion
City Council Meeting
November 5, 2013
Beth Sowder, Neighborhood Services Manager
Carol Thomas, Transfort Safety, Security, Training
Manager
Polly Lauridsen, Code Compliance Supervisor
ATTACHMENT 5
2
Purpose
• Expansion of City Smoking Ordinance
• Includes:
– Smoke-free outdoor dining areas
– Bar patios
– 20 feet from outdoor patios
– Transfort’s public transit facilities,
shelters, benches, and platforms
3
Background Information
• 1984 – Fort Collins passed comprehensive
smoking ordinance – “no-smoking” sections
• 2003 – Fort Collins designated all bars,
restaurants, and workplaces as smoke-free
• 2006 – Colorado Clean Indoor Air Act
• Collaboration with Larimer County Department of
Health & Environment and Tobacco Free Larimer
County
4
Background Info Con’t.
• Citizen concerns
• Enforcement Issues
• Collaboration with Larimer County
• Grant Funding
• City Council Work Session – August
13, 2013
5
Health Impacts
• Secondhand Smoke is a cancer-causing agent
• “There is no safe level of secondhand smoke”
• New research regarding outdoor smoke
– Poisonous particulates especially near
buildings, covered areas, and restaurant/bar
patios
• Smoke-free areas proven practice to improve
health
• Chronic diseases get worse upon exposure
6
Specific Measurements/Data
• Environmental Protection Agency – Air
Quality Index (AQI) ratings from 0 – 500
• Health Advisory Categories
– AQI of 50 or below – Good
– AQI above 400 – Very Hazardous
• Outdoor dining areas/patios – AQI of 150 –
unhealthy for everyone
7
National Trends
• 266 municipalities have smoke-free outdoor
dining
• 126 have smoke-free outdoor dining and bar
patios
• 313 have smoke-free outdoor transit areas
• 2,311 smoking restrictions within states, cities, or
counties in the following outdoor areas:
– Parks, trails, beaches
– Stadiums and entertainment venues
– Near entrances of enclosed places
8
Local Trends
In Colorado:
– 7 municipalities have smoke-free dining
and bar patios
– 2 stadiums have smoke-free seating
– 1 City has a smoke-free downtown area
– 5 jurisdictions have smoke-free outdoor
transit areas
9
2013 National Survey
2013 Gallup Poll: smoking should be illegal in all
public places
0
10
20
30
40
50
60
70
2003 2005 2007 2013
percent of
respondents
10
Fort Collins
• Healthy Community
• Cigarette use continues to drop – 11.3%
• Healthy People 2010 Goal
• Smoke-free areas – proven public health
strategy
• Tobacco rates are considered for overall
health ratings
11
Current Smoking Ordinance
Smoking is prohibited in:
• Places of employment
• Public buildings
• Businesses used by the public
• Indoor restaurants, cafes, coffee shops,
and bars
• Common areas of multi-family residences
• 20 feet from all entryways of public
buildings and businesses
12
Enforcement Data & Penalties
• Criminal misdemeanor – fines up to
$1,000
• Enforcement done by Code Compliance
• Overall compliance is successful
• Since 2003:
– Approx. 350 complaints
– 7 citations
– Voluntary compliance in most cases
13
Proposed Expansion
• Based on public support, code compliance
experience, and emerging research on public
health
• Proposed expansion includes:
– Outdoor dining areas and bar patios
– 20 feet from outdoor dining areas/bar patios
– Outdoor areas at transit facilities
– 20 feet from bus stop shelters, benches, and
platforms
14
Education and Enforcement
• Enhanced education efforts
– In person visits
– Information to general public
– Educational campaigns at transit stations and
on busses
– Provide improved signage to restaurants/bars
– Add new signs at transit facilities
• Enforcement Assistance from Police
• Transit Security
15
Implementation Date
• Staff recommends an implementation date
of January 1, 2014
– Time to get signs made and delivered
– Educational materials
– Public outreach
16
Financial/Economic Impacts
• May be some financial impacts to
businesses
• There will be no increase to the City
budget
–Enforcement and educational
efforts will utilize existing City
resources
17
Environmental Impacts
• Improved air quality in outdoor dining
areas, bar patios, and transit
locations
18
Board Recommendation
• Air Quality Advisory Board
–Voted to support the proposed
expansion
19
Public Outreach
• Outreach and informal surveys conducted
late 2012 and early 2013
• Coloradoan Articles
• CityNews
• Social Media
• Presentations to Air Quality Advisory
Board (July and September)
• City Council Work Session August 13,
2013
20
Support Smoke-Free Outdoor
Dining?
22% 61%
8%
Strongly Support 7% 2%
Strongly Oppose
Somewhat
Oppose
Somewhat
Support
Don't Know
21
Impact of Existing Smoke-Free
Laws?
43%
36%
14%
None/Neutral 7%
Positive
Negative
Don't Know
22
Transfort Riders
Interviews Online
33% 60%
7%
Support
Oppose
Don't Know
88%
12%
Support
Oppose
23
Public Outreach Con’t.
• Health District of Northern Larimer County
– voted to strongly support
• Associated Students of Colorado State
University – conducted student poll
– 66% support expansion to patios
– 73% support expansion to bus stops
• Downtown Development Authority – meeting set
• Personal contacts – bars/restaurants directly
impacted
24
Ordinance
Staff recommends adoption of the
Ordinance, Amending Article III of Chapter
12 of the City Code Pertaining to Smoking in
Public Areas.
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ORDINANCE NO. 158, 2013
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING ARTICLE III OF CHAPTER 12 OF THE CODE OF THE CITY
OF FORT COLLINS PERTAINING TO SMOKING IN PUBLIC AREAS
WHEREAS, Chapter 12, Article III of the City Code prohibits smoking in enclosed
public places, within a 20-foot perimeter of any entrance to an enclosed public place, and
generally in places of employment; and
WHEREAS, City staff has received increasing complaints and concerns regarding
exposures to secondhand smoke not currently prohibited under the restrictions on smoking
currently in effect in the City; and
WHEREAS, the City Council has previously found and determined that there is no safe
level of exposure to secondhand smoke; and
WHEREAS, the concern over the health impacts of secondhand smoke continues to rise
among the citizens of Fort Collins; and
WHEREAS, there is a need in the City to create more smoke-free zones to reduce public
exposure to secondhand smoke and related impacts; and
WHEREAS, in 2006, the Colorado General Assembly enacted Article 14 of title 25, Part
2, Colorado Revised Statutes, known as the Colorado Clean Indoor Air Act (the “Act”), to
impose statewide restrictions on smoking; and
WHEREAS, on October 17, 2006, the City Council adopted Ordinance No. 122, 2006,
clarifying certain provisions of Article III of Chapter 12 to align the City Code with the Act; and
WHEREAS, the Act specifically allows local restrictions on smoking to be more, but not
less, restrictive than provided in the Act; and
WHEREAS, the Act effectively prohibits smoking except where otherwise allowed by
the Act; and
WHEREAS, Article III of Chapter 12 of the City Code effectively allows smoking except
where otherwise prohibited by the City Code; and
WHEREAS, because the construction of Article III of Chapter 12 of the City Code
differs from that of the provisions of the Act, the City Code may be construed to be less
restrictive than some provisions of the Act; and
WHEREAS, in order to eliminate any ambiguity, this Ordinance includes a provision
which brings the City Code into compliance with the Act; and
WHEREAS, the City Council has determined that it is in the best interest of the health,
safety, and welfare of the residents of the City that Article III of Chapter 12 of the Code of the
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City of Fort Collins be amended to include the creation of smoke-free areas (1) in outdoor
serving areas in restaurants, (2) in bar patios, and (3) at all public transportation transit facilities
where either a bench or shelter is located.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That Section 12-56 of the Code of the City of Fort Collins is hereby
amended to add new definitions and amend existing definitions, to read as follows:
Bar shall mean any area that is operated and licensed under Article 47 of Title 12, C.R.S.,
primarily for the sale and service of alcohol beverages for on-premises consumption and
where the service of food, if any, is secondary to the consumption of such beverages.
. . .
Food service establishment shall mean any premises upon which the principal business is
the sale of food for on-premises consumption. The term includes, without limitation,
cafeterias, coffee shops, diners, sandwich shops, and short-order cafes.
. . .
Marijuana shall mean all parts of the plant of the genus cannabis whether growing or not,
the seeds thereof, the resin extracted from any part of the plant, and every compound,
manufacture, salt derivative, mixture, or preparation of the plant, its seeds, or its resin,
including marijuana concentrate. Marijuana shall not include industrial hemp, nor does it
include fiber produced from the stalks, oil, or cake made from the seeds of the plant,
sterilized seed of the plant which is incapable of germination, or the weight of any other
ingredient combined with marijuana to prepare topical or oral administrations, food,
drink, or other product.
Outdoor serving area shall mean any location on the premises of a food service
establishment or bar that is not an enclosed area where food or drink is provided to the
public, including, but not limited to, seating areas located on the premises of a restaurant
or bar where patrons are permitted to consume food or alcohol.
. . .
Place of employment shall mean any area under the control of a public or private
employer that employees normally frequent or use during the course of employment,
including but not limited to work areas, employee lounges and rest rooms, conference
and class rooms, employee cafeterias and hallways. Place of employment shall not
include a private club or a private residence unless the residence is used as a child care,
adult day care or health care facility.
Public place shall mean any enclosed area to which the public is invited or in which the
public is permitted, including but not limited to attached and freestanding bars, banks,
commercial bingo facilities, convention halls, education facilities, child care, adult day
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care or medical or health care facilities, food service establishments, guest rooms in any
lodging establishment, Llaundromats, performance halls, polling places, professional
offices, public transportation facilities and vehicles, reception areas, restaurants, retail
food production and marketing/grocery establishments, retail service establishments,
retail stores, service lines, and sports arenas. Every room, chamber, place of meeting or
public assembly shall be considered a public place during the period of time that a public
meeting is in progress. All areas of an establishment that are open to, or customarily used
by, the general public, including but not limited to elevators, rest rooms, lobbies,
reception areas, hallways, waiting rooms and other common areas, are public places. A
private residence shall be considered a public place only when in use as a child care,
adult day care or health care facility. Common areas in apartment buildings,
condominiums, trailer parks, retirement facilities, nursing homes and other multiple unit
residential facilities are public places. A private nursing home room shall be considered
to be the equivalent of a private residence, but a nonprivate nursing home room shall be
considered to be a public place. Every outdoor serving area, bus bench, bus shelter,
transit facility, and bus stop shall be considered a public place, except that a bus stop
without either a bench or a structure shall not be considered a public place.
Retail tobacco business shall mean an establishment utilized primarily for the retail sale
of tobacco products and accessories for offsite use and consumption, and in which the
sale of other products and nonsales activities are merely incidental. The term retail
tobacco business shall not include any establishment that is in the business of selling
retail or medical marijuana. In order for an for an establishment to be considered a retail
tobacco business for purposes of this definition:
(1) The revenues of the business must be generated primarily from the on-site sale
of tobacco products, and from the sale of tobacco consumption accessories. The
sale of incidental goods other than tobacco products or tobacco consumption
accessories may generate limited revenues of no more than eight (8) percent of
the total on-site revenues of the retail tobacco business.
(2) The business shall not operate under a liquor license or other license
associated with sale or consumption of other than tobacco products.
(3) The business shall not exceed two thousand five hundred (2,500) square feet
of gross floor area in size, and no more than twenty (20) percent of the business
may be utilized as a seating area, lounge or other area intended to accommodate
smoking for the purpose of sampling tobacco products that are offered for sale.
(4) An establishment in operation as of July 1, 2006, that as of that date was an
establishment utilized primarily for the retail sale or promotion of tobacco
products and accessories and that met the requirements in Paragraphs (1) and (2)
above, shall be deemed to constitute a retail tobacco business for so long as the
establishment:
a. Continues to meet the requirements in Paragraphs (1) and (2), above;
and
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b. Does not expand the size of the area in which smoking is allowed from
the size of said area as it existed on July 1, 2006; and
c. At all times after December 31, 2006, operates in compliance with the
requirements of Paragraph 12-62(a)(2) below.
. . .
Tobacco shall mean cigarettes, cigars, cheroots, stogies and periques; granulated, plug
cut, crimp cut, ready rubbed and other smoking tobacco; snuff and snuff flour, cavendish,
plug and twist tobacco; fine-cut and other chewing tobacco; shorts, refuse scraps,
clippings, cuttings, and seepings of tobacco; and other kinds and forms of tobacco,
prepared in such manner as to be suitable for both chewing or for smoking in a cigarette,
pipe, or otherwise, or both for chewing and smoking. Tobacco also includes cloves,
marijuana, and any other plant matter or product that is packaged for smoking.
Section 2. That Section 12-61 of the Code of the City of Fort Collins is hereby
amended to read as follows:
In order to prevent smoke from entering any smoke-free area, no person shall smoke
within a distance of twenty (20) feet from any entrance, passageway, operable window or
ventilation system of any smoke-free establishment or area, or within twenty (20) feet of the
exterior boundary of any unenclosed areas required to be smoke-free under this Article,
including, but not limited to, outdoor serving areas, bus benches, bus shelters, and transit centers,
unless such person is immediately passing through such areas, without stopping or standing, en
route to another destination.
Introduced, considered favorably on first reading, and ordered published this 5th day of
November, A.D. 2013, and to be presented for final passage on the 19th day of November, A.D.
2013.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
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Passed and adopted on final reading on the 19th day of November, A.D. 2013.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Strongly Support 7% 2%
Strongly Oppose
Somewhat Oppose
Somewhat Support
Don't Know
43%
36%
14%
7%
None/Neutral
Positive
Negative
Don't Know
60%
33%
7%
Support
Oppose
Don't Know
88%
12%
Support
Oppose
moke has
ods of mea
moke in out
and bar pa
oximity to o
nal and loca
es with indo
tions for he
NG TR
AL
palities hav
266 have
moke-free
lations in s
one or mo
tdoor place
stadiums an
ment venu
ances, win
place.
NG TH
RCH ON
SHS) is de
d several o
ports advis
concludes t
an immed
surements
tdoor area
atios or serv
others.
al studies (
oor smoke-
eart attacks
ENDS T
ve smoke-f
smoke-fre
outdoor tra
tates, citie
ore outdoor
es such as
nd other sp
es, and
ndows and
HE FO
N TOBA
esignated a
ther nation
se “there is
that even s
diate effec
s show pois
as near bui
vice lines a
(done in Gr
-free laws g
s and respi
TOWA
free outdoo
e outdoor
ansit areas
s, or count
r areas incl
parks and
ports and
d ventilation
ORT C
ACCO S
as a human
nal and stat
s no safe le
short term
t on the sy
sonous par
ldings, cov
are signific
reeley & P
generally h
iratory eme
RD OU
or dining a
dining.
s.
ties that res
luding:
d beaches,
n systems
fcgo
COLLI
SMOKE
n cancer-ca
te agencie
evel of seco
exposure
ystems of th
rticulates fr
vered areas
ant, espec
ueblo) sho
have fewer
ergencies.
UTDOO
reas and
strict
of
ov.com/s
NS SM
E
ausing
s. Various
ondhand
e to
he body.
rom
s, and
cially when
ow
r overall
R SMO
COLOR
Smoke-f
since 200
- 7 muni
County,
- 2 stadi
have sm
- 1 city (
(Pearl St
5 smoke
Breckenr
and Edge
smoking.
MOKI
W
c
THE IM
Exposu
Increas
respira
Disease
designa
practice
Chronic
disease
exposur
asthma
other se
nonsmo
Expand
more pr
commu
OKE-FR
RADO
free outdo
02:
icipalities
Firestone,
ums (Coo
oke-free se
Boulder) h
treet Mall).
e-free outd
ridge, Lake
ewater), si
.
NG O
Why
cons
a c
MPACTS
re to SHS
es risks fo
atory illness
e Control (C
ating smoke
e to improv
c diseases
e and lung
re. Drifting
tic attacks,
erious heal
okers.
ding smoke
rotection fo
nity.
REE EN
oor dining
(Arvada, A
Louisville,
rs Field an
eating.
has a smok
door trans
ewood, Silv
nce 2006.
ORDIN
y we
side
chan
S
causes: lu
or other can
ses. The C
CDC) reco
e-free area
ve health
such as as
diseases g
tobacco s
, bronchial
lth problem
e-free areas
or the healt
NVIRON
areas and
Avon, Edge
and Supe
nd Sports A
ke-free dow
sit areas (B
verthorne,
ANCE
e are
ering
nge
ung cancer
ncers, and
Center for
mmends
as as a pro
sthma, hea
get worse u
moke can
infections,
ms in
s offers eve
th of the
NMENT
d bar patio
ewater, Eag
rior).
Authority Fi
wntown are
Boulder,
Summit Co
E
e
g
.
r,
oven
art
upon
trigger
, and
en
TS
os,
gle
eld)
ea
ounty
ATTACHMENT 2