07-23-12 Council Agenda & Packet

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Clean Air Standards for Workplaces and Public Places Ordinance Page 5-Substitute Bill No,24-12 Numerous economic analyses examining restaurant and hotel receipts and controlling for economic variables have shown either no difference or a positive economic impact after enactment of laws requiring workplaces to be smokefree. Creation of smokefree workplaces is sound economic policy and provides the maximum level of employee health and safety. (Glantz, S.A. & Smith, L., "The effect of ordinances requiring smokefree restaurants on restaurant sales in the United States."American Journal of Public Health, 87:1687-1693, 1997; Colman, R.; Urbonas, C.M., "The economic impact of smoke-Free workplaces: an assessment for Nova Scotia, prepared for Tobacco Control Unit, Nova Scotia Department of Health," GPI Atlantic, September 200 1) Smoking is a potential cause of fires; cigarette and cigar burns and ash stains on merchandise and fixtures causes economic damage to businesses. ("The high price of cigarette smoking," Business & Health 15(8), Supplement A: 6-9, August 1997) The smoking of tobacco is a form of air pollution, a positive danger to health, and a material public nuisance. 9Y =y6m A9&om&wv,1 a�Fe is gFafe y�(�.�d fond JQww, ad . f Section I. Chapter 13, Article 6 Air Pollution Control Regulations of the South Bend Municipal Code is amended to include the following sections, which shall read as follows: See. 13-76 Purposes of Clean Aar Standards for Workplaces and Public Places. The Common Council finds and declares that the purposes of this ordinance are (l) to protect the public health and welfare by prohibiting smoking in public places and places of employment; (2) to guarantee the right of nonsmokers to breathe smokefree air, and to recognize that the need to breathe smokefree air shall have priority over the desire to smoke. Sec. 13-76.1 Definitions. The following words and phrases, whenever used in this ordinance, shall be construed as defined in this Section: (a) "Ashtray"means any receptacle that is used for disposing of smoking materials, including, but not limited to, ash and filters. (b) "Bar" means any establishment used primarily for the sale of alcoholic beverages for consumption by patrons on the premises and which holds a retailer's permit under the laws of the State of Indiana. The teen includes, but is not limited to, taverns, nightclubs, and cocktail lounges. (c) "Business" means a sole proprietorship, partnership, joint venture, corporation, or other business entity, either for-profit or not-for-profit, including, but not limited to, retails establishments where goods or services are provided to the public, and other entities where