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HomeMy WebLinkAbout039 - 03/16/2004 - AMENDING ARTICLE III OF CHAPTER 12 OF THE CITY CODE PERTAINING TO THE PRIVATE CLUB EXCEPTION TO THE ORDINANCE NO. 039, 2004 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 THE 'PRIVATE CLUB" EXCEPTION TO THE PROHIBITION AGAINST SMOKING IN ENCLOSED PUBLIC PLACES WHEREAS, on December 17, 2002, the City Council adopted Ordinance No. 181, 2002, appealing and re-enacting Article III of Chapter 12 of the City Code regarding smoking in public places and places of employment; and WHEREAS,by reason of the adoption of said ordinance,Section 12-59 of the City Code now prohibits smoking in all public places within the City,except as otherwise expressly permitted under said Article III; and WHEREAS,private clubs,as defined in Section 12-56 of the Code,do not constitute"public places" within the meaning of Section 12-59,except when such private clubs are used for meetings, events or activities that are open to the public; and WHEREAS,the definition of"place of employment"contained in Section 12-56 should be amended so that private clubs are not subject to the requirement contained in Section 12-60 which requires employers to provide a smoke-free workplace for its employees; and WHEREAS, the City Council wishes to clarify said definition and to make other related amendments to Chapter 12, Article III to: (1)ensure that any smoke originating on the premises of private clubs does not enter any smoke-free areas in the City, (2)allow City inspection of the books and records of private clubs, as well as the books and records of establishments that are public places, and(3) provide a licensing process for private clubs. NOW,THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the following definitions contained in Section 12-56 of the Code of City of Fort Collins are hereby amended so as to read in their entirety as follows: 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 restrooms, 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. Private club shall mean any establishment that has a defined membership, charges an annual fee for membership in an amount intended to substantially defray the ongoing costs of operation, and restricts admission to members of the club and their guests. A private club shall not be considered a public place except when it is the site of a meeting, event or activity that is open to the public. Section 2. That Section 12-62 of the Code of the City of Fort Collins is hereby amended so as to read in its entirety as follows: Sec. 12-62. Where smoking is not prohibited. (a) Notwithstanding any other provision of this Article to the contrary, the following areas shall be exempt from the smoking prohibition set forth in § 12-59: (1) Private clubs, provided that such clubs are equipped with a ventilation system that is adequate, in the judgment of the Director of Building and Zoning, to ventilate the premises and to effectively prevent smoke originating on the premises from entering any adjacent smoke-free areas. (2) Private residences, except when used as a child-care, adult day care or health care facility. (3) Up to twenty-five (25) percent of guest rooms in lodging establishments, including but not limited to bed and breakfasts, hotels, motels and inns. (4) Retail tobacco stores. (5) Those portions of an establishment used for private functions that are not open to the public, during the period of such private use. (6) Performance halls to the extent necessary to allow smoking by a performer as part of a stage production. (7) Outdoor places of employment. (8) Rooms used for psychological treatment of nicotine addiction by a licensed health care professional, and physically separate and independently ventilated rooms in a hospital,hospice or nursing home that are open to all residents as a smoking room and for no other purpose. (9) Buildings or properties under the control of the United States,the state,the county,or Poudre School District that have not been designated as smoke- free by the managing authority. (10) In a designated smoking area in a bingo facility or bowling alley operated in accordance with§ 12-63;provided,however,that no such establishment shall be primarily devoted to the sale or service of alcohol beverages. (b) Notwithstanding any other provision of this Article, any owner, operator, manager or other person in control of any establishment or property not otherwise required to be smoke-free pursuant to this Article may declare such establishment or property entirely or partially smoke-free. Section 3. That Section 12-66 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 12-66. Inspection of books and records. The owner of each establishment operating as a private club or as an enclosed public place shall keep a complete set of books of account,invoices,copies of orders, shipping instructions,bills of lading,correspondence and all other records necessary to show fully the business transactions of such establishment, all of which records shall be available at all times during business hours for inspection and examination by the City Manager or his or her authorized representatives for use in determining whether an establishment constitutes a private club, retail tobacco store, bingo facility,bowling alley or other establishment,in order to determine the applicability of the provisions of this Article to such establishment.The City Manager may require the owner of any such establishment to furnish such information as he or she considers necessary for such a determination,and may require that the owner of such establishment cause an audit to be made of such books of account and records on such occasions as he or she may consider necessary. Section 4. That the Code of the City of Fort Collins is hereby amended by the addition of a new Section 12-67 which reads in its entirety as follows and all subsequent sections be renumbered accordingly: Sec. 12-67. Private club license. Effective September 1, 2004,no establishment shall allow smoking as a private club unless and until such establishment has been issued a private club license by the City Manager. All applications for such a license shall be submitted on forms acceptable to the City Manager and shall include all information and documentation deemed necessary by the City Manager to demonstrate compliance with the private club requirements of this Article. All such licenses shall be issued for a two-year term and shall be renewed upon application, so long as the establishment holding such license continues to meet the private club requirements of this Article. All establishments filing an application for a private club license shall,upon filing of the same, be made available for inspection by the City Manager or his or her designee, upon request, at all reasonable times in order to determine compliance with the provisions of this Article, both before the issuance of the private club license and during the term thereof. Introduced and considered favorably on first reading and ordered published this 17th day of February, A.D. 2004, and to be presented for final passage on the 16 ay of March, A.D. 2004. L � Mayor ATTEST: n City Clerk Passed and adopted on final reading this 16th day of March, . 2004. Mayor ATTEST: — ki)e� City Clerk