Chapter 6.84 CLEAN INDOOR AIR AND HEALTH PROTECTION

The U.S. Environmental Protection Agency (EPA) has determined that tobacco smoke is a major source of indoor air pollution, and the Surgeon General’s 1986 report on the health consequences of involuntary smoking concludes that exposure to tobacco smoke places healthy nonsmokers at increased risk for developing lung cancer. Other health hazards of involuntary smoking include respiratory infection, decreased exercise tolerance, decreased respiratory function, bronchoconstriction, and bronchospasm. While all members of the population are truly at increased risk due to exposure to sidestream tobacco smoke, it constitutes a special health hazard for children, the elderly and people with chronic lung disorders.

The Surgeon General labels smoking “the largest single preventable cause of death and disability for the U.S. population.”

Employees subject to prolonged exposure to sidestream smoke in the workplace have been found in scientifically conducted studies to experience a loss of job productivity and some have been forced to take periodic sick leave because of reactions to secondhand smoke. Furthermore, studies have shown higher costs to the employer are associated with smoking in the workplace due to increases in absenteeism, accidents, costs of medical care, loss of productivity, and cleaning and maintenance requirements. A recent scientific study has reported that sidestream smoke from tobacco may cause a significant amount of cardiovascular disease in the United States and that the number of deaths from this cause may exceed the deaths caused by lung disease associated with sidestream smoke. Smoking in public places and workplaces is a major cause of fires and damage to merchandise and equipment as well as costly maintenance and repairs to furniture and fixtures.

The health care costs produced by smoking-related ailments and diseases constitute a heavy and avoidable financial drain on our community.

More than three-quarters of Sacramento residents are nonsmokers and the number of nonsmokers is steadily increasing. Opinion surveys show that a majority of both nonsmokers and smokers favor restrictions on smoking in public places and places of employment.

Air pollution caused by smoking is an offensive annoyance and irritant. Smoking results in serious and significant physical discomfort of nonsmokers, and constitutes a public nuisance in public places and workplaces. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 0810 § 2, 1990; SCC 610 § 2, 1984].

6.84.005 Authority.

This chapter is enacted pursuant to the provisions of Section 25946 of the Health and Safety Code for the purpose of restricting and regulating smoking in public places and in places of work in order to reduce the hazards and nuisance which smoking causes to those who are involuntarily exposed. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 0810 § 2, 1990].

6.84.010 Definitions.

As used in this chapter, the words and phrases identified in RCMC 6.84.015 through 6.84.055 shall have the following meanings. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 0810 § 2, 1990].

6.84.015 Bar.

“Bar” means an area which is devoted to the serving of alcoholic beverages for consumption on the premises and in which the serving of food, if any, is incidental to the consumption of alcoholic drinks. When a bar is operated within a building in conjunction with another use, such as a restaurant, only the area utilized primarily for the consumption of alcoholic beverages shall constitute the bar. The dining area of a restaurant utilized primarily for the serving and consumption of food shall not constitute a bar, even though alcoholic beverages may be served therein. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 0810 § 2, 1990].

6.84.020 Commercial enterprise – Nonprofit entity – Person.

“Commercial enterprise” shall mean any business entity formed for profit-making purposes, including professional corporations and other entities under which legal, medical, dental, engineering, architectural, or other professional services are delivered, and also any person charged with the responsibility of controlling conduct in behalf of the enterprise upon any premises regulated by this chapter.

“Nonprofit entity” shall mean any corporation, unincorporated association or other entity created for charitable, philanthropic, educational, character-building, political, social or other similar purposes, the net proceeds from operations of which are committed to promotion of the objects or purposes of the organization and not to private gain, together with any person charged with the responsibility of controlling conduct in behalf of the entity upon any premises regulated by the provisions of this chapter.

A public agency is not a nonprofit entity within the meaning of this section.

“Person” means any natural person, partnership, corporation, unincorporated association, joint venture, business trust, joint stock company, club, or other organization of any kind, except the city or any other public agency. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 0810 § 1, 1990; SCC 610 § 2, 1984].

6.84.022 Director.

“Director” means the director of the environmental management department or the director’s designee. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 0927 § 1, 1993].

6.84.023 ETS.

“ETS” means environmental tobacco smoke. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 0927 § 2, 1993].

6.84.025 Enclosed area.

“Enclosed area” shall mean all space between a floor and ceiling which is served by a common heating, ventilating and air conditioning system, and is enclosed on all sides by solid walls or windows (exclusive of doors or passageways) which extend from the floor to the ceiling, including all space therein screened by partitions which do not extend to the ceiling or are not solid, “office landscaping,” or similar structures. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 0810 § 2, 1990].

6.84.027 HVAC.

“HVAC” means heating, ventilating and air conditioning. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 0927 § 3, 1993].

6.84.030 Members of the general public.

“Members of the general public” includes shoppers, customers, patrons, patients, students, clients and other similar invitees of a commercial enterprise or nonprofit entity; and excludes employees thereof, sales representatives, service repair persons, and persons delivering goods, merchandise or services to a commercial enterprise, nonprofit entity or the city. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 0810 § 2, 1990].

6.84.035 Office.

“Office” means an area enclosed by walls containing a desk, table or similar furnishings for clerical, administrative or supervisory work, a complex of such enclosures and a building containing such enclosures, whether or not the building is utilized primarily for other purposes such as retailing, wholesaling or storage, or manufacturing, together with all hallways, stairways, elevators, escalators, restrooms, lobbies, waiting rooms, reception areas, entry areas, and conference rooms within or associated with the complex of such enclosures, including: (A) legal, medical, dental, engineering, accounting, counseling and other professional offices; (B) insurance, real estate, ticket, collection agency, and other offices where business services are offered to or goods or services are offered to or may be ordered by or may be paid for by members of the general public; and (C) offices to which members of the general public are admitted in order to promote the objects or purposes of the nonprofit entities. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 0810 § 2, 1990].

6.84.040 Restaurant.

“Restaurant” means any coffee shop, cafeteria, luncheonette, soda fountain, fast food service, and other establishment where cooked or otherwise prepared food is sold to members of the general public for consumption on the premises. The term does not include a cafeteria or lunchroom defined as a “workplace” by RCMC 6.84.055(C), whether or not members of the general public incidentally frequent the facility. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 0810 § 2, 1990; SCC 610 § 2, 1984].

6.84.045 Smoking.

“Smoking” means lighting, inhaling, exhaling or burning any pipe, cigar, cigarette, weed, or plant, or carrying any lighted pipe, lighted cigar, lighted cigarette, lighted weed, lighted plant, or other ignited combustible substance in any manner or in any form. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 0810 § 2, 1990].

6.84.050 Tobacco store.

“Tobacco store” means a place utilized primarily for the sale to members of the general public at retail of tobacco products or accessories, and in which the sale of any other products is merely incidental. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 0810 § 2, 1990].

6.84.055 Workplace.

“Workplace” means any enclosed area which is occupied by two or more employees of a commercial enterprise, nonprofit entity or the city, including but not limited to places:

A. Utilized for:

1. The manufacturing, processing, assembly, maintenance or repair of any products, goods, equipment, tools, appliances, furnishings or other objects; or

2. The physical storage for purposes of wholesaling, future utilization for operational purposes, or future transfer preceding consumption or other utilization of any products, goods, merchandise, materials, supplies, equipment, tools, appliances or furnishings;

B. Utilized or operated for a purpose described by RCMC 6.84.060 through 6.84.135 and from which members of the general public are excluded;

C. Utilized as a union hall, cafeteria, lounge, lunchroom, restroom, conference room, training room, lecture room or classroom primarily for the use or benefit of employees.

Notwithstanding the provisions of this definition, a private residence including either an attached or detached garage shall not constitute a workplace, except when the residence serves as a licensed day care facility for children. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 0810 § 2, 1990; SCC 610 § 2, 1984].

6.84.060 Smoking prohibitions, public places.

Except as specifically provided, it is unlawful for any member of the general public or any other person, including an employee, to smoke in the public places named and described in RCMC 6.84.060 through 6.84.135 and other public places similarly situated, including, but not limited to, the following enclosed areas:

A. Common work areas occupied by employees performing clerical, technical, administrative or other business or work functions;

B. Merchandise display areas, checkout stations, and counters and other pay stations;

C. Hallways;

D. Restrooms;

E. Escalators, elevators and stairways;

F. Lobbies;

G. Reception areas;

H. Waiting rooms;

I. Service lines;

J. Classrooms, meeting or conference rooms, or lecture halls; and

K. Other places in which members of the general public congregate for service or otherwise frequent. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 0810 § 2, 1990; SCC 610 § 2, 1984].

6.84.065 Stores.

The prohibitions contained in RCMC 6.84.060 shall be applicable to: (A) the enclosed common areas of shopping malls; (B) automobile dealerships, furniture or other showrooms for the display of merchandise offered for sale at retail; (C) grocery, specialty, department and other stores which sell goods or merchandise at retail; and (D) service stations, stores or shops for the repair or maintenance of appliances, shoes, or motor vehicles, barbershops, beauty shops, cleaners and laundromats, video games, poolhalls and other amusement centers, and other similar establishments offering services or products to members of the general public. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 0810 § 2, 1990; SCC 610 § 2, 1984].

6.84.070 Banks.

The prohibitions of RCMC 6.84.060 shall be applicable to banks, including savings and loan associations, credit unions and other similar institutions which offer financial services to members of the general public. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 0810 § 2, 1990; SCC 610 § 2, 1984].

6.84.075 Hotels/motels.

The prohibitions of RCMC 6.84.060 shall be applicable to hotels and motels in which guests typically rent lodging for continuous periods less than 30 days. Smoking is permissible in rental rooms and in on-premises restaurants and bars as provided in RCMC 6.84.105 and 6.84.145(A)(2). The availability of nonsmoking rooms will be prominently posted in the lobby sign-in area. The rooms so designated will be posted as “smoking prohibited” and ashtrays removed. Customers seeking accommodations will be routinely advised of the availability of nonsmoking rooms. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 0810 § 2, 1990; SCC 610 § 2, 1984].

6.84.080 Terminals.

The prohibitions of RCMC 6.84.060 shall be applicable to depots and other terminals utilized by members of the general public for the purpose of being transported upon or departing from airplanes, trains, buses and taxis. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 0810 § 2, 1990; SCC 610 § 2, 1984].

6.84.085 Buses and taxis.

Smoking by either passengers or operators shall be prohibited within buses, taxicabs and all public transit conveyances operated by or licensed by the city. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 0810 § 2, 1990; SCC 610 § 2, 1984].

6.84.090 Theaters.

The prohibitions of RCMC 6.84.060 shall be applicable to theaters, including motion picture theaters, meeting halls and auditoriums where motion pictures or live theatrical, musical or dramatic productions are made to an audience consisting of members of the general public assembled for the purpose of witnessing the performance or presentation; provided, that neither this section nor RCMC 6.84.060 shall be construed to prevent smoking by performers in connection with a stage production or by persons making a presentation concerning addiction to tobacco or other drugs. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 0810 § 2, 1990; SCC 610 § 2, 1984].

6.84.095 Recreational facilities.

The prohibitions contained in RCMC 6.84.060 shall be applicable to the following facilities to the extent that they are enclosed areas: sports pavilions, gymnasiums, exercise rooms, health spas, boxing arenas, swimming pools, roller and ice skating rinks, bowling alleys and other similar place where members of the general public assemble to either engage in physical exercise, participate in athletic competition or witness sport events.

Smoking is prohibited at all times within the seating areas of an enclosed arena and in the surrounding open concourses where food and beverages are dispensed.

Smoking may be allowed in enclosed on-site restaurants, subject to the provisions of RCMC 6.84.105, and in enclosed on-site bars. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 0810 § 2, 1990; SCC 610 § 2, 1984].

6.84.100 Recreation halls.

The prohibitions of RCMC 6.84.060 shall be applicable to recreation halls and other similar facilities where members of the general public play bingo or cards, dance or engage in recreational, character-building or cultural activities.

An owner, manager or operator of a recreation hall shall designate not less than 50 percent of the main activities area of such facility, not including restrooms, lounges and kitchens, as nonsmoking. Commencing July 1, 1992, an owner, manager or operator of a recreation hall shall designate not less than 75 percent of the main activities area of such facility, not including restrooms, lounges and kitchens, as nonsmoking. Commencing December 31, 1993, the owner, manager or operator of a recreation hall shall designate the main activities area of such facility, including restrooms, lounges and kitchens, as nonsmoking. Signs shall be posted in the manner prescribed by RCMC 6.84.155. It shall not constitute a violation of this chapter to smoke in a location where smoking has been authorized.

The provisions of this section shall not be construed to in any manner restrict or otherwise impair the authority of an owner or operator to increase the nonsmoking seating in a restaurant or bar. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 0810 § 2, 1990; SCC 610 § 2, 1984].

6.84.105 Restaurants.

Within all restaurants, the prohibitions in RCMC 6.84.060 shall be applicable to lobbies, waiting areas, restrooms and such dining seating areas as are allocated for nonsmoking.

The owner, manager or operator of a restaurant shall designate not less than 50 percent of the available customer seating as nonsmoking. Commencing July 1, 1992, the owner, manager or operator of a restaurant shall designate not less than 75 percent of the available customer seating as nonsmoking. Commencing December 31, 1993, the owner, manager or operator of a restaurant shall designate all available customer seating as nonsmoking. The owner, manager or operator of the restaurant shall post signs as prescribed by RCMC 6.84.155 and remove all ashtrays from tables located in the nonsmoking areas. Where a bar shares the same enclosed area with the restaurant, the bar seats must be counted with the restaurant seats in determining the total number of nonsmoking restaurant seats. The owner, manager, or operator shall post a notice at the restaurant entrance that a nonsmoking section is available. It shall not constitute a violation of this section to smoke in a location where smoking has been authorized.

6.84.110 City buildings.

Smoking is prohibited in all city buildings. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 0810 § 2, 1990; SCC 610 § 2, 1984].

6.84.115 County courthouse.

The prohibitions contained in RCMC 6.84.060 shall be applicable to the county courthouse including jury lounges and jury deliberation rooms. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 0810 § 2, 1990; SCC 610 § 2, 1984].

6.84.120 Places of exhibition.

The prohibitions contained in RCMC 6.84.060 shall be applicable to libraries, museums, aquariums, galleries, convention halls and similar facilities where members of the general public assemble for the purpose of viewing the exhibition of art, artifacts, objects of historical or cultural significance, products, merchandise, equipment, appliances or services. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 0810 § 2, 1990; SCC 610 § 2, 1984].

6.84.125 Hospitals.

The prohibitions contained in RCMC 6.84.060 shall be applicable to hospitals, rest and convalescent homes, medical clinics, physical therapy facilities and other places where medical, dental, psychiatric or counseling services are delivered to members of the general public. Operators of facilities treating psychiatric or chemically impaired patients may permit smoking by patients in designated areas, provided the medical director of such facility has determined in writing that the practice is beneficial for the recovery or treatment of such patients and that the practice will not interfere with the recovery and treatment of nonsmoking patients; and provided, that adequate nonsmoking areas are made available for nonsmoking patients.

Neither this section nor RCMC 6.84.060 shall be construed to prevent smoking in locations or otherwise under conditions in which smoking is expressly authorized by or under statutes or administrative regulations applicable to such licensed facilities. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 0810 § 2, 1990; SCC 610 § 2, 1984].

6.84.130 Schools.

The prohibitions contained in RCMC 6.84.060 shall be applicable to any school or educational institution operated by a commercial enterprise or nonprofit entity for the purpose of providing academic classroom instruction, trade, craft, computer or other technical training, or instruction in dancing, artistic, musical or other cultural skills.

The prohibitions contained in RCMC 6.84.060 shall be applicable to public school facilities when school district management authorizes their use by members of the general public other than students. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 0810 § 2, 1990].

6.84.135 Day care facilities.

The prohibitions contained in RCMC 6.84.060 shall be applicable to private residences during the time when such residences are operated as licensed day care facilities for children. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 0810 § 2, 1990].

6.84.140 Smoking prohibitions – Workplace.

Smoking is prohibited in enclosed workplaces of commercial enterprises, nonprofit entities and all city-owned and managed buildings including but not limited to open office areas, shared offices, private offices, hallways, restrooms, escalators, elevators, stairways, lobbies, reception areas, and waiting rooms, classrooms, meeting or conference rooms, and auditoriums.

On-site cafeterias, lunchrooms and lounges shall be deemed workplaces and smoking prohibited therein, whether or not such facilities are open to members of the general public.

Each commercial enterprise, nonprofit entity and the city shall comply with these smoking prohibitions and be responsible for their implementation in the workplace, and “No Smoking” signs shall be posted in the manner prescribed by RCMC 6.84.155. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 0810 § 2, 1990; SCC 610 § 2, 1984].

6.84.145 Places where smoking permissible.

A. Smoking may be permitted in all locations where smoking is not prohibited by this chapter, including the following locations:

1. A private residence, including an attached or detached garage, whether or not the residence is utilized for office or other business purposes.

2. Bars, whether operated as a separate business entity or as a physically separated facility within a restaurant, nightclub or other business entity.

3. Private clubs during events attended exclusively by members of the organization and their invited guests and from which members of the general public are excluded.

4. Within conference/meeting rooms, public and private assembly rooms, banquet rooms, dining rooms or areas of restaurants, hotels and motels, while these places are occupied for private functions to which only persons specially invited are entitled to attend and from which members of the general public are excluded.

5. In any enclosed place wherein this chapter specifically permits smoking, notwithstanding the fact that such location is a workplace.

6. Tobacco stores.

B. It shall not constitute a violation of RCMC 6.84.060 for a person to smoke in a location where smoking has been authorized in the manner prescribed by this section.

C. The foregoing places are not considered workplaces subject to the provisions of RCMC 6.84.140. Employers will, however, attempt to find a reasonable alternative accommodation where feasible for nonsmoking employees who do not wish to be assigned to work in a smoking permissible area.

D. Notwithstanding any provision in this chapter which permits smoking in a place of employment, any nonsmoking employee may object to his or her employer about smoke in his or her workplace. The employer shall attempt to reach a reasonable accommodation, insofar as possible. If an accommodation which is satisfactory to all affected nonsmoking employees cannot be reached within a particular workplace, the commercial enterprise, nonprofit entity or city who employs the nonsmoking employees shall formulate, promulgate and implement restrictions or prohibitions upon smoking in a manner which accommodates the reasonable preferences and needs of the nonsmoking employees in relation to the nuisance and health impacts of the smoking upon the nonsmokers. The area in which smoking is prohibited shall be posted by a “No Smoking” sign in the manner prescribed by the provisions of RCMC 6.84.155. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 0810 § 2, 1990; SCC 610 § 2, 1984].

6.84.150 Exemption procedures.

Any owner or manager of a business or other establishment subject to this chapter may apply to the chief of the environmental health division for an exemption or modification to its provisions. Exemptions may only be granted on (A) a showing by the petitioner of significant financial hardship due to compliance, or (B) the proposed implementation of an alternative approach or technology which would provide equivalent protection from the health hazards of sidestream smoke.

An application for exemption will be accompanied by a reasonable fee to cover the cost of preparation for the hearing, and the application will include any data required by the division. The division will review the application and submit it, with recommendations, for hearing by the Sacramento environmental commission. The applicant will be entitled to present evidence at the hearing, which will be scheduled within 60 days of the receipt of the application.

The commission will, after taking into consideration the testimony received at the hearing, issue its findings and recommendations within 20 days of the completion of the hearing. The division will complete procedural action on the application and notify interested parties within 20 days of its receipt from the commission.

The applicant may appeal the commission’s decision to the city council within 30 days of receipt of action notification by the division. Upon appeal, the board will set a hearing within 60 days, and make a final determination at that hearing. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 0810 § 2, 1990; SCC 610 § 2, 1984.

6.84.152 Bingo facilities.

A. The purpose of this section is to provide organizations who operate bingo games and facilities pursuant to Chapter 4.26 or 4.28 RCMC with an alternative method of providing the health protection from ETS required by this chapter without adversely impacting the patronage of, and the revenue generated for charitable purposes by, such facilities. Such revenue provides an important source of income to these charitable organizations that, in turn, is used to furnish a wide range of social and other programs that are of great benefit to the health and welfare of the community. A total prohibition on smoking within such facilities is likely to significantly discourage the number of persons willing to patronize these facilities, thereby threatening a critical source of income for these organizations. The permit authorized hereunder shall not be subject to any moratorium applicable to exemptions under RCMC 6.84.150.

B. Organizations that have a valid special business license issued pursuant to Chapter 4.26 or 4.28 RCMC may apply to the director for a permit to maintain a smoking area within facilities so licensed. Any such permit shall be subject to compliance with the conditions imposed by the director.

C. Applications for permits issued hereunder shall be subject to any fee established by resolution of the city council and such permits shall be valid for a maximum of one year.

D. Permits issued hereunder shall include the following conditions:

1. The facility must provide adequate seating at all times to nonsmokers in a nonsmoking area. With the exception of passageways, the nonsmoking area shall be physically divided and separated from the area of the facility where smoking is permitted.

2. Ventilation for the facility shall be provided by an HVAC system which shall be designed and operated to provide protection to persons in the nonsmoking area from exposure to ETS equivalent to the protection afforded by RCMC 6.84.060.

3. The components of the HVAC system shall be routinely maintained by regular cleaning, replacement of filters and any other procedures necessary to comply with the manufacturer’s specifications. The permittee shall also be required, on at least a semi-annual basis, to service the fans and other mechanical equipment to the extent necessary to maintain proper design performance.

4. Performance standards, together with appropriate methodologies for monitoring such standards, shall be established by the director for each permit. The permittee shall be required to demonstrate compliance with such performance standards under normal ambient operating conditions. Such compliance shall be established by means of performance tests or monitoring, or both, as specified by the director.

5. The permit is nontransferable.

6. If the director determines that there has been a significant unauthorized change in the design or configuration of the HVAC system, or in the conditions under which it was designed to operate, the permit shall be revoked. “Significant change,” for purposes of this subsection, is a change that could potentially cause an adverse effect on the ability of the HVAC system to continue to provide equivalent health protection from ETS to the nonsmoking area.

7. All staff, whether paid or volunteer, shall be provided with written notice that the facility permits smoking and that ETS is a health hazard. Such staff shall also be notified that requests to work without exposure to ETS will be accommodated without penalty. A copy of this written notice shall be furnished to the director prior to the issuance of the permit.

8. A written procedure approved by the director shall be furnished to all staff, whether paid or volunteer, and organizations that use the facility that requires security personnel and other staff to monitor nonsmoking areas for compliance with this chapter.

9. The licensee shall post in a conspicuous place at any entrance to the smoking area of the facility a notice regarding exposure to ETS that is in compliance with Chapter 6.6 (commencing with Section 25249.5) of Division 20 of the Health and Safety Code warning staff and patrons of the facility of exposure to a chemical known to the state of California to cause cancer. A warning notice shall be similarly posted emphasizing that ETS poses special risks to children and pregnant women.

10. Minors shall be prohibited in the smoking area at any time that ETS is present.

11. The facility shall maintain attendance records of each game that document how many patrons used the smoking and nonsmoking areas, respectively, of the facility during each bingo session and shall maintain such records for a period of at least one year.

12. Such other conditions as may be deemed appropriate by the director.

E. The permit may be revoked by the director if the HVAC system fails to comply with applicable performance standards or if the permittee violates any of the permit conditions. The provisions of this chapter shall be applicable to any bingo facility for which the permit has been revoked until the permit has been reinstated or a new permit has been issued.

F. If the director finds that a permittee is in violation of any of the conditions of its permit, the director shall issue a notice to the permittee setting forth the acts or omissions with which the permittee is charged and informing the permittee of a right to a hearing, if requested, to show cause why the permit should not be revoked. A written request for a hearing from the permittee must be received by the director within 15 calendar days after the date of issuance of the notice. A failure to request a hearing within 15 calendar days after the date of issuance of the notice shall be deemed a waiver of the right to a hearing. When circumstances warrant, the director may order a hearing at any reasonable time within this 15-day period to expedite the permit revocation process. The hearing shall otherwise be held within 15 calendar days of the director’s receipt of a request for a hearing. Upon the agreement of the permittee and the hearing officer, the hearing date may be postponed beyond such 15-day period. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 0927 § 4, 1993].

6.84.155 Posting requirements.

Each owner, operator, manager or other person having control of an establishment or facility within which smoking is regulated by this chapter shall conspicuously post in every place where smoking is prohibited “No Smoking” signs (or the international “No Smoking” symbol consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a red bar across it), whichever are appropriate, with letters not less than one inch in height.

An owner, operator, or manager of a building wherein, pursuant to these regulations, there is no smoking permitted in any space in the building may limit the “No Smoking” postings to first floor entrances and exits and to the elevator lobby areas of all other floors.

Motion picture theaters shall show upon the movie or live action screens for at least five seconds prior to the showing of each feature motion picture the message that smoking is prohibited within the audience seating and other areas as specified.

Restaurants shall post at their entrances a sign stating that nonsmoking seats are available. Likewise, recreational halls shall post signs alerting users of the availability of nonsmoking rooms. Smoking permitted areas will be posted as such.

Motels and hotels will prominently post in the lobby a sign notifying patrons of the availability of nonsmoking accommodations. The rooms so designated will be posted as nonsmoking rooms and ashtrays removed. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 0810 § 2, 1990; SCC 610 § 2, 1984].

6.84.160 Retaliation prohibited.

It shall be unlawful for a commercial enterprise, nonprofit entity or the city to retaliate against any members of the general public or an employee or applicant for employment of the enterprise, entity or city because such member of the general public, employee or applicant seeks enforcement of the provisions of this chapter or otherwise protests smoking by others. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 0810 § 2, 1990].

6.84.165 Violation – Smoking or posting.

Any person who violates the prohibitions contained in RCMC 6.84.060 through 6.84.140 and any person who violates RCMC 6.84.155 by failing to post the signs or take the other actions required by this section shall be guilty of an infraction, punishable in the manner hereinafter prescribed.

Fines for the crimes made infractions by this section shall be levied in the amounts prescribed by Section 25132 of the Government Code, as that section may hereinafter be amended. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 0810 § 2, 1990; SCC 610 § 2, 1984].

6.84.170 Retaliation remedies.

Violation of any of the provisions of RCMC 6.84.160 or 6.84.165 shall be remedial through civil action filed in a court of competent jurisdiction for injunctive or other appropriate relief. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 0810 § 2, 1990; SCC 610 § 2, 1984].

6.84.175 Enforcement.

A. It shall be the responsibility of the chief of the environmental health division to enforce, in behalf of the city, the provisions of this chapter. The chief shall be authorized to prosecute, in the name of the city, pursuant to the provisions of Section 25132 of the Government Code, civil actions for the recovery of fines for violations of this chapter made infractions by RCMC 6.84.165 for violations of RCMC 6.84.060 through 6.84.155.

B. In the performance of the enforcement responsibilities assigned by this chapter, the chief of the environmental health division shall:

1. Establish a telephone number through which all complaints by citizens relating to violations of this chapter may be directed or referred;

2. Reduce such complaints to writing, and analyze the frequency and volume thereof in relation to alleged violations of this chapter by or at particular establishments or facilities;

3. Conduct an on-site inspection of any establishment or facility with respect to which the nature and volume of complaints suggests long-standing and pronounced violation of any of the provisions of this chapter;

4. Provide to the owner, operator or manager of any such establishment or facility a copy of the provisions of this chapter and such advisory assistance to rectify future violations as may be necessary to achieve compliance with the provisions of this chapter;

5. Follow up such investigation and advice with a written directive explaining in detail the steps required in order to achieve future compliance with the provisions of this chapter; and

6. If the violations do not cease following the expiration of a reasonable period of time, commence civil actions for the recovery of infraction fines pursuant to the provisions of RCMC 6.84.165 or request commencement of a civil proceeding by the city attorney pursuant to the provisions of RCMC 6.84.170, as may be appropriate.

C. The environmental health division shall affirmatively seek the support and cooperation of other local public agencies, such as fire protection districts, to provide information, assistance and advice in the enforcement of the provisions of this chapter, during the conduct by any of such agencies of on-site inspections of establishments or facilities.

D. The provisions of RCMC 6.84.160 shall not be remedial by either the chief of environmental health or any other city official. Any member of the general public, an employee or applicant for employment may, pursuant to the provisions of this section, commence in his or her name a civil action for injunctive relief, monetary damages or other appropriate relief against a person who violates RCMC 6.84.160 pursuant to the provisions of this section. A member of the general public or employee shall also be authorized to individually commence a civil action pursuant to the provisions of this section for injunctive relief, monetary damages or other appropriate relief for the purpose of remedying any other violation of the provisions of this chapter. [Revised during 2008 codification; Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 0810 § 2, 1990; SCC 610 § 2, 1984].