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PROPOSED ORDINANCE NUMBER: <br /> economic impact after enactment of laws requiring workplaces to be smokefree. <br /> Creation of smokefree workplaces is sound economic policy and provides the <br /> maximum level of employee health and safety. <br /> (Glantz, S.A. &Smith, L.,'The effect of ordinances requiring smokefree restaurants on restaurant sales in <br /> the United States."American Journal of Public Health, 87:1687-1693, 1997;Colman, R.; Urbonas, C.M., <br /> "The economic impact of smoke-free workplaces:an assessment for Nova Scotia,prepared for Tobacco <br /> Control Unit, Nova Scotia Department of Health," GPI Atlantic, September 2001.) <br /> Smoking is a potential cause of fires; cigarette and cigar burns and ash stains <br /> on merchandise and fixtures causes economic damage to businesses. <br /> ("The high price of cigarette smoking,"Business&Health 15(8), Supplement A:6-9,August 1997.) <br /> The smoking of tobacco is a form of air pollution, a positive danger to health, <br /> and a material public nuisance. <br /> Accordingly, the COMMON COUNCIL OF THE CITY OF SOUTH BEND, <br /> INDIANA finds and declares that the purposes of this ordinance are (1) to protect <br /> the public health and welfare by prohibiting smoking in public places and places <br /> of employment; and (2) to guarantee the right of nonsmokers to breathe <br /> smokefree air, and to recognize that the need to breathe smokefree air shall <br /> have priority over the desire to smoke. <br /> SECTION I. DEFINITIONS <br /> The following words and phrases, whenever used in this Ordinance, shall be <br /> construed as defined in this Section.- <br /> a. "Ashtray" means any receptacle that is used for disposing of smoking <br /> materials, including, but not limited to, ash and filters. <br /> b. "Bar" means any establishment used primarily for the sale of alcoholic <br /> beverages for consumption by patrons on the premises and which <br /> holds a retailer's permit under the laws of the State of Indiana. The <br /> term includes, but is not limited to, taverns, nightclubs, and cocktail <br /> lounges. <br /> c. "Business" means a sole proprietorship, partnership, joint venture, <br /> corporation, or other business entity, either for-profit or not-for-profit, <br /> including, but not limited to, retails establishments where goods or <br /> services are provided to the public, and other entities where <br /> accounting, counseling, legal, medical, dental, engineering, <br /> architectural, or other professional services are delivered. <br /> d. "Cigar" means any roll of tobacco that has a wrapper or cover <br /> consisting only of tobacco, weighing more than four and one-half <br /> pounds per 1,000 and is sold without a filter. <br /> 06/06/2012 5 of 15 9:16 Aft <br />