Press Alt + R to read the document text or Alt + P to download or print.
This document contains no pages.
HomeMy WebLinkAbout122 - 10/17/2006 - AMENDING ARTICLE III OF CHAPTER 12 OF THE CITY CODE TO CONFORM THE CODE TO THE COLORADO CLEAN INDOOR ORDINANCE NO. 122, 2006
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING ARTICLE III OF CHAPTER 12
OF THE CODE OF THE CITY OF FORT COLLINS
TO CONFORM THE CODE TO THE COLORADO CLEAN INDOOR AIR ACT
AND TO CLARIFY CERTAIN PROVISIONS
WHEREAS, on December 17, 2002, the City Council adopted Ordinance No. 181, 2002,
appealing and re-enacting Article III of Chapter 12 of the Code of the City of Fort Collins regarding
smoking in public places and places of employment; and
WHEREAS,byreason 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,in its 2006 regular legislative session,the Colorado General Assembly enacted
House Bill 06-1175,known as the Colorado Clean Indoor Air Act(the"Act'),to impose statewide
restrictions on smoking,and the Act has been signed into law and became effective on July 1,2006;
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 provisions of Article III of Chapter 12 of the Code of the City Code,while
generally consistent with the Act,include certain specific exceptions that are not included in the Act,
making those provisions less strict than the Act; and
WHEREAS, included among the exceptions in the City Code but not exempted from
compliance from the Act, are (1)private clubs, (2) designated smoking areas of bingo parlors and
bowling alleys, (3) private functions, (4) smoking in theatrical performances, (5) rooms for
psychological treatment of nicotine addiction, and (6) buildings under the control of other
governmental entities; and
WHEREAS,this Ordinance eliminates these exceptions from the City Code so as to conform
to the Act; and
WHEREAS,the City Code currently prohibits smoking receptacles in areas where smoking
is prohibited; and
WHEREAS,because this prohibition includes the twenty-foot smoke-free perimeter around
public establishments, there are locations in which close proximity of a number of businesses has
made the location of ashtrays difficult, in particular in Old Town; and
WHEREAS,in order to allow more flexibility for addressing problems of cigarette disposal
in areas such as Old Town, City staff has recommended the City Code be amended to allow for a
limited exception for ashtrays in physically constrained areas; and
WHEREAS, the City Code does not currently specify the status of private nursing home
rooms for the purpose of determining applicability of the prohibition on smoking, and it has
previously been determined administratively that private nursing home rooms should be deemed to
be private residences,rather than public places, for the purposes of Article III,which determination
would be codified by this Ordinance; and
WHEREAS, the Act exempts "retail tobacco businesses" from the prohibition on smoking
in enclosed places; and
WHEREAS,the Council has determined that it is appropriate to also allow smoking in retail
tobacco businesses within the City for the purpose of allowing the sampling of tobacco products that
are offered for sale, subject to certain requirements and restrictions; and
WHEREAS, in order to reduce the impacts to existing retail tobacco businesses of the new
requirements to be imposed upon retail tobacco businesses, the Council has determined that it is
necessary and appropriate to enact a limited exception allowing sales for on-site consumption to
continue in those existing businesses; and
WHEREAS,the City Council wishes to conform the City Code to the Colorado Clean Indoor
Air Act and to make other amendments to Chapter 12,Article III to: (1)allow placement of ashtrays
in outdoor smoke-free perimeters where conditions require, (2) clarify that private nursing home
rooms are not"public places", and (3) detail the requirements related to smoking in retail tobacco
businesses.
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
so as to delete the definitions of the terms bingo facility,designated smoking area,performance hall,
private club,private function, restaurant, retail tobacco store and service line, and to modify the
definition of public place to read in its entirety as follows:
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, educational facilities,
child-care, adult day care or medical or health care facilities, guest rooms in any
lodging establishment,Laundromats,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.
Section 2. That Section 12-56 of the Code of the City of Fort Collins is hereby amended
to add definitions of retail tobacco business and tobacco to read in their entirety as follows:
Retail tobacco business shall mean an establishment utilized primarily for the
retail sale tobacco products and accessories for offsite use and consumption, and in
which the sale of other products and non-sales activities are merely incidental. In
order 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 percent (8%) 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 2,500 square feet of gross floor area in size,
and no more than twenty percent(20%) 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 subsections 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 subsections 1 and 2,above;and
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,or change its location
from the location in which it existed as of July 1, 2006; and
C. At all times after December 31,2006,operates in compliance with the
requirements of§12-62(a)(2).
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 chewing or for smoking in a
cigarette,pipe,or otherwise,or both for chewing and smoking. Tobacco also includes
cloves and any other plant matter or product that is packaged for smoking.
Section 3. 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) Up to twenty-five (25) percent of guest rooms in lodging establishments,
including but not limited to bed and breakfasts,hotels,motels and inns; and
(2) Retail tobacco businesses, provided that the following conditions shall
apply:
a. The business must be designed, constructed and operated in such
fashion as to prevent smoke originating on its premises from entering
any smoke-free area. It must be also physically separated from other
establishments and independently ventilated as prescribed by the most
current building and mechanical codes adopted by the city and as
administered by the Building Official.
b. The business must, prior to allowing smoking on the premises, first
obtain a certificate of occupancy from the Building Official allowing
such smoking in or on the premises of the store depicting floor space
used for retail sales and floor space used for other purposes. Any
certificate of occupancy allowing smoking shall be conditioned upon
compliance with these regulations and conformance to the floor plan
approved by the Building Official as the basis for issuance of the
certificate of occupancy. Failure to comply with these regulations and
any other laws applicable to the sales and consumption of tobacco
products shall be cause for revocation of the certificate of occupancy.
C. A violation of any of the conditions or limitations of a certificate of
occupancy for a retail tobacco business, whether by the store owner,
proprietor,manager, employee,agent or otherwise,or violation of the
requirements for operation of a retail tobacco business set forth in this
Article, shall be the responsibility of the business owner and shall be
grounds for revocation of the certificate of occupancy, in addition to
any other penalties imposed by the provisions of§ 12-68.
d. Persons under eighteen(18)years of age shall not be permitted on the
premises of the business, and proof of age shall be required for all
persons entering the business. The retail tobacco business shall be
responsible for providing adequate staffing and training so as to ensure
an effective system for preventing persons under eighteen (18) years
of age from entering the business.
e. In addition to other signs required to be posted pursuant to this Article,
any retail tobacco business shall post and maintain a sign at all public
entrances thereto,in a conspicuous position clearly visible upon entry,
stating the phrase "Persons under the age of 18 not permitted". In
addition, the sign, or another similarly posted sign, shall state the
phrase "Surgeon General's Warning: Smoking Can Cause Lung
Cancer,Heart Disease,Emphysema,and May Complicate Pregnancy."
Any sign required hereunder shall meet the size and location
requirements of§12-64(b).
Section 4. That Section 12-63 of the Code of the City of Fort Collins is hereby deleted
in its entirety.
Section 5. That Section 12-64(c) of the Code of the City of Fort Collins is hereby
amended to read in its entirety as follows:
(c) All ashtrays and other smoking paraphernalia shall be removed from any
area where smoking is prohibited under this Article by the owner,operator,manager
or other person in control of the establishment, except that, where the provisions of
§ 12-61 dealing with smoke-free perimeters would otherwise preclude the installation
of an ashtray for disposal of cigarettes,cigars,or other tobacco products in the general
vicinity of the establishment, such an ashtray shall be allowed provided that any such
ashtray is:
(1) placed as far as practicable from the entrance,passageway,operable window
or ventilation system of any smoke-free establishment; and
(2) prominently marked with a sign declaring as follows: "Smoking Not
Permitted Within 20 Feet of Any Smoke Free Establishment".
Section 6. That Section 12-66 of the Code of the City of Fort Collins is hereby amended
to read in its entirety as follows:
Sec. 12-66. Inspection of books and records.
The owner of each establishment operating 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 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 7. That Section 12-67 of the Code of the City of Fort Collins is hereby deleted
in its entirety and the remaining Sections in Article III are renumbered accordingly.
Introduced, considered favorably on first reading, and ordered published this 15th day of
August, A.D. 2006, and to be presented for final passage on the day of October, A.D 006.
e
Mayo
ATTEST:
City Clerk
Passed and adopted on final reading on the 17th day ctober, A.D. 2006.
Mayo
ATTEST:
City Clerk