HomeMy WebLinkAbout098 - 07/15/2014 - AMENDING ARTICLE III OF CHAPTER 12 OF THE CITY CODE PERTAINING TO SMOKING IN PUBLIC AREAS ORDINANCE NO. 098, 2014
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 currently prohibits conventional
smoking in public places; and
WHEREAS, electronic smoking devices are not currently regulated within the City Code;
and
WHEREAS, although electronic smoking devices do not contain tobacco, the users of
such devices inhale vaporized liquid nicotine or other liquids created by ,heat through an
electronic ignition system and exhale the vapor in a way that simulates conventional smoking;
and
WHEREAS, the United States Food and Drug Administration has conducted laboratory
tests on numerous brands of electronic smoking devices and have found that they contain toxic
chemicals and carcinogens in addition to nicotine; 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, and now third-hand
smoke, continues to rise among the citizens of Fort Collins; and
WHEREAS, the use of electronic smoking devices in public places and in places of
employment returns smoking to the public consciousness and complicates enforcement of the
laws governing conventional smoking in public places; and
WHEREAS, under the current City Code, hotel and motel owners may permit smoking in
twenty-five (25) percent of hotel and motel rooms; 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
City of Fort Collins be amended to require one hundred (100) percent of all hotel and motel
rooms be smoke-free and to require that electronic smoking devices be regulated similarly to
conventional smoking.
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:
Electronic smoking device shall mean an electric or battery-operated device, the use of
which resembles conventional smoking, which can be used to deliver substances,
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including, but not limited to, nicotine, tobacco, or marijuana, to the person using such
device. Electronic smoking device shall include, without limitation, an electronic
cigarette, cigar, cigarillo, pipe, or hookah. Electronic smoking device shall not include
any product approved by the food and drug administration as a drug or medical device
that is used in accordance with its purpose.
Smoke or smoking shall mean:
( 1 ) Carrying or placing of a an electronic smoking device, lighted cigarette,
lighted cigar, lighted pipe, or any other lighted smoking equipment in one's mouth
for the purpose of inhaling or exhaling smoke or vapor or blowing smoke rings ;
(2) Placing of an electronic smoking device, lighted cigarette, lighted cigar,
lighted pipe, or any other lighted smoking equipment in an ashtray or other
receptacle, and allowing smoke or vapor to diffuse in the air;
(3 ) Carrying or placing of an electronic smoking device, lighted cigarette, lighted
cigar, lighted pipe, or any other lighted smoking equipment in one's hands or any
appendage or device and allowing smoke or vapor to diffuse in the air; or
(4) Inhaling or exhaling smoke or vapor from an electronic smoking device,
lighted cigarette, lighted cigar, lighted pipe, or any other lighted smoking
equipment.
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, electronic smoking device 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 12-62 of the Code of the City of Fort Collins is hereby
amended to read as follows :
Notwithstanding any other provision of this Article to the contrary, retail tobacco
businesses shall be exempt from the smoking prohibition set forth in § 12-59 above,
provided that the following conditions shall apply :
( 1 ) The business must be designed, constructed and operated in such fashion
as to prevent smoke originating on its premises from entering any smoke-free
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'(1) 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.
(2) 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 sale and consumption of tobacco products shall be cause for
revocation of the certificate of occupancy.
(3) 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§ 12-67.
(4) 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.
(5) 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 Subsection 12-63(b).
Section 3. That the amendments made by Section 2 of this Ordinance shall not take
effect until 12:01 am, January 1, 2015.
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Introduced, considered favorably on first reading, and ordered published this Ist day of
July, A.D. 2014, and to be presented for final passage on the 15th day of July, A.D. 2014.
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City Clerk
Passed and adopted on final reading on the 15th day of July, A.D. 2014.
Mayor p- Tetr!
ATTEST:
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City Clerk
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