HomeMy WebLinkAboutOrdinance 4512 ORDINANCE NO. 4512
AN ORDINANCE TO AMEND §95 .05 REGULATION OF
SMOKING IN CERTAIN PUBLIC PLACES OF THE CODE
OF FAYETTEVILLE AND TO ENACT A REPLACEMENT §95 .05
REGULATION OF SMOKING IN MOST PUBLIC PLACES AND
PLACES OF EMPLOYMENT
WHEREAS, the Fayetteville City Council has determined that further restrictions
of smoking in enclosed public places and work places are needed to protect the health
and safety of citizens and to ensure the right of nonsmokers to breathe smoke free air; and
WHEREAS, numerous studies have found that tobacco smoke is a major
contributor to indoor air pollution, and that breathing secondhand smoke is a cause of
disease in healthy nonsmokers, including heart disease, stroke, respiratory disease, and
lung cancer. The National Cancer Institute determined in 1999 that secondhand smoke is
responsible for the early deaths of up to 65 ,000 Americans annually; and
WHEREAS, secondhand smoke is particularly hazardous to elderly people,
individuals with cardiovascular disease, and individuals with impaired respiratory
function, including asthmatics and those with obstructive airway disease. Children
exposed to secondhand smoke have an increased risk of asthma, respiratory infections,
sudden infant death syndrome, developmental abnormalities, and cancer.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF FAYETTEVILLE, ARKANSAS :
Section 1 . That the City Council of the City of Fayetteville, hereby repeals
§95.05 Regulation of smoking in certain public places of the Fayetteville Code in its
entirety and enacts the following new §95.05 Regulation of smoking in most public
places and places of employment of the Fayetteville Code to replace it:
"Sec. 95.05. Regulation of smoking in most context clearly indicates or requires a different
public places and places of employment. meaning.
(A) Definitions. For the purpose of this chapter, the Bar. An establishment, whether termed a
following definitions shall apply unless the private club or public establishment, that is
devoted primarily to the sale and service of
alcoholic beverages for on-premises (B) Prohibition of Smoking in public places and
consumption and where the service of food, if places of employment
any, is incidental to the consumption of such
beverages. Smoking is prohibited in all public
places, places of employment, and city vehicles
Restaurant. An eating establishment, unless specifically exempted in subsection (C).
including but not limited to dining establishments,
private clubs, coffee shops, cafeterias, sandwich (C) Exemptions.
shops, private and public cafeterias, which gives
or offers for sale food to the public, guests, or The following types of establishments
employees, as well as non-residential kitchens are exempted from the smoking prohibition of this
and catering facilities in which food is prepared ordinance:
on the premises for serving elsewhere. The term
"restaurant" shall include a bar area within the (1 ) Bars
restaurant. (2) Retail tobacco stores
Enclosed area. All space partially enclosed (D) Duties of Managers.
between a floor and ceiling that is enclosed on all
sides by solid walls or windows (exclusive of (1 ) The manager of a place within which
doorways), which extend from the floor to the smoking is prohibited by this ordinance
ceiling. shall place "No Smoking" or "Smoke
Free" signage at the major entrance and
Manager. The owner, lessee, or other other appropriate places within the
person in charge of a public place. establishment.
Place of employment. An enclosed area (2) The manager of a public place in which
under the control of a public or private employer smoking is prohibited or restricted shall
that employees normally frequent during the not knowingly permit or fail to make
course of employment, including, but not limited reasonable efforts to prevent smoking
to, work areas, employee lounges, restrooms, in any area where smoking is prohibited.
conference rooms, meeting rooms, hallways,
classrooms, and employee cafeterias. A private (E) Enforcement.
residence is not a "place of employment" unless it
is used as a child care, adult day care, or health (1 ) City police shall enforce this
care facility. A "bar" and a "retail tobacco store" section pursuant to their normal
are not places of employment for purposes of this police power.
Section. An enclosed private office that is not
regularly entered or occupied by a nonsmoking (2) If a manager knowingly permits or fails
employee is not a place of employment for to make reasonable efforts to prevent
purposes of this section. smoking by the establishment's
customers or employees where
Public place. prohibited by this section, the manager
shall be guilty of a violation and a fine or
(1 ) Any enclosed indoor area that is used not more than $100.00 per occurrence.
by the public or private club members
and guests, except designated hotel and (3) A person who smokes in an area where
motel guest rooms. smoking is prohibited by provisions of
this section shall be guilty of a violation
(2) Any swimming pool owned or operated punishable by a fine not exceeding fifty
by the city. ($50.00) dollars per occurrence.
Retail Tobacco Store. A retail store utilized (4) In addition to the fines established by
primarily for the sale and use of tobacco this Section, multiple violations of this
products and accessories and in which the Section by a person who owns,
sale of other products is merely incidental. manages, operates or otherwise
controls a public place or place of
Smoking. Holding a lighted pipe, cigar, or employment may result in the
cigarette of any kind, or lighting, or emitting suspension or revocation of any permit
or exhaling the smoke of, a pipe, cigar, or or license issued for the premises on
cigarette of any kind. which the violation occurred.
2
(F) Jurisdiction. (G) Effective date.
This section is not applicable nor enforceable This ordinance shall take effect on February
in federal, state or county buildings 1 , 2004.
including all facilities owned or operated by the
University of Arkansas.
PASSED and APPROVED this the 2"d day of September, 2003 .
APPROVED :
By: L4— �V
DAN COODY, Mayor
ATTEST:
By:
SOGNURA SMIT , City Clerk !�+
3
PUBLIC NOTICE A1ICROFILMED
CITY OF FAYETTEVILLE, ARKANSAS
PROCLAMATION
OFFICE OF THE MAYOR OF THE CITY OF FAYETTEVILLE,
ARKANSAS.
TO THE PEOPLE OF THE CITY OF FAYETTEVILLE,
ARKANSAS, GREETINGS:
WHEREAS, a special election was held on February 10, 2004, which
submitted the referendum on Ordinance No. 4512 to the qualified voters of
the City of Fayetteville.
NOW, THEREFORE, I, Dan Coody, Mayor of the City of
Fayetteville, by virtue of the authority vested in me by law, do hereby
proclaim the following to be the results of the February 10, 2004 special
election as to the referendum on Ordinance No. 4512 (Smoking
Ordinance).
For Referred Ordinance No. 4512 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51972
Against Referred Ordinance No. 4512. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5,563
IN WITNESS WHEREOF, I have hereunto set my hand and caused
the seal of my office to be affixed this 26th day of February, 2004.
DAN COODY, M r
CERTIFICATE OF WASHINGTON COUNTY BOARD OF
ELECTION COMMISSIONERS ASCE ( G
AND DECLARING RESULTS OF SPECIAL ELECTION IN AYETTEVH.LE,
WASHINGTON CO~, 3 10
FEBRUARY 10, 2004
KAREN COMBS PRITCHARD
CO. & PROBATE CLERK
WA'S' ! GTON CO . ARK .
STATE OF ARKANSAS )
COUNTY OF WASHINGTON )
We, the undersigned members of the Board of Election Commissioners of Washington County,
Arkansas, do hereby certify that:
Returns of the votes of the Special Election in Fayetteville, Washington County, Arkansas have been
delivered to us by the County Clerk;
We ascertain and declare the results of the election to be:
On the question of the smoking ordinance in Fayetteville.
FOR 5972
AGAINST 5563
We further certify that the polls were open from 7:30 A_ M until 7:30 P.M, that only the duly appointed
Election officials made due returns of the votes cast, and that we have canvassed the votes as required by
law.
IN TESTIMONY WHEREOF, we have hereinto set our hands this 113thday of February, 2004
SWGT
CTION CO NERS
N OUNTY, S
CERTIFICATEI CERTIFY THAT THIS NSTRUMENT ISATRUECOPYOFTHE l�u � w, an
FIL! N,1SGMe r
K n mtu Pr hard - County Clerk
O.C. Peter Loris; Mem r
PUBLIC NOTICE
CITY OF FAYETTEVILLE, ARKANSAS
PROCLAMATION
OFFICE OF THE MAYOR OF THE CITY OF FAYETTEVILLE,
ARKANSAS.
TO THE PEOPLE OF THE CITY OF FAYETTEVILLE,
ARKANSAS, GREETINGS:
WHEREAS, a special election was held on February 10, 2004, which
submitted the referendum on Ordinance No. 4512 to the qualified voters of
the City of Fayetteville.
NOW, THEREFORE, I, Dan Coody, Mayor of the City of
Fayetteville, by virtue of the authority vested in me by law, do hereby
proclaim the following to be the results of the February 10, 2004 special
election as to the referendum on Ordinance No. 4512 (Smoking
Ordinance).
For Referred Ordinance No. 4512 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5,972
Against Referred Ordinance No. 4512. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5,563
IN WITNESS WHEREOF, I have hereunto set my hand and caused
the seal of my office to be affixed this 26th day of February, 2004.
11
DAN COODY, M r
FAYETTEVILLE
111E CRY OF FAYMEVIUE ARKANSAS
Ka wuiiAMs, CnY ATTORNEY
DAVID WmTAIGM Assr. ary ATTORNEY
DEPARTMENTAL CORRESPONDENCE LEGAL DEPARTMENT
TO: Dan Coody, Mayor
City Council
FROM: Kit Williams, City Attorney
DATE: November 25, 2003 !!!!!!
RE: Referendum Election requires ordinance to be held
in abeyance until citizens' vote
Amendment 7 states: "Any measure referred to the people by
referendum petition shall remain in abeyance until such vote is taken."
Although this section of Amendment 7 refers to statewide
referendums, there is no direct reference in Amendment 7 to municipal
referendums on this subject. Thus, I conclude this language should
also control municipal ordinances such that Ordinance No. 4512 shall
not go into effect on February 1 , 2004, as stated therein, but must
"remain in abeyance" until the special election.
Amendment 7 states the following concerning the effective date
of a measure submittedt0 a vote of the people:
"Majority — Any measure submitted to
the people as herein provided shall take
effect and become a law when approved
by a majority of the votes cast upon such
measure, and not otherwise, and shall not
be required to receive a majority of the
elector; voting at such elections. Such
measures shall be operative on and after the
3e day after the election at which it is
approved, unless otherwise specified in
the act."
Since Ordinance No. 4512 specified it would be operative on
February 1 , 2004, the thirty day period after an election quoted above
is not controlling. If the special election is held after February 1 , 2004,
and the ordinance is not rejected, it will be in effect as soon as the
election results are certified and published.
City of Fayetteville,
Arkansas
Memo
To: Dan Coody, Mayor
City Council
From: Sondra Smith, City Clerk
Date: November 24, 2003
Re: Petition for Referendum on Smoking Ordinance
My office has spent innumerable hours reviewing thousands of
signatures on the petitions presented by Free Choice Fayetteville requesting
a referendum on the recently passed smoking ordinance. We had to reject
signatures on petitions that were not properly notarized just as we had to
reject the first batch of petitions which had no ordinance attached as
required by Amendment 7 and state law.
In my analysis of these petitions, I have been guided by Arkansas
Supreme Court decisions which require a liberal evaluation of the petitions
so that the goals of citizen review of government action is promoted.
Amendment Ts requirements "must be construed with liberality in order
that its purposes may be well effectuated." Yarbrough v. Witty, 336 Ark.
479, 987 S.W. 2d 2571 260 ( 1990). Strict or technical construction of
Amendment 7 and its implementing statutes has been rejected by the
Arkansas Supreme Court. Leigh v. Hall, 232 Ark. 5583 339 S.W. 2d 104,
109 ( 1960).
I divided the petitions submitted to my office and filed on October
30, 2003 into two groups. The first group of new, original petitions with
properly attached ordinances contained about 2,448 apparently properly
signed names of registered voters of Fayetteville. This was 484 signatures
short of the necessary 2,932 valid signatures needed.
The second group of petitions filed on October 30, 2003, contained
about 1 ,938 signatures. These were photocopies of the petitions filed earlier
without attaching the ordinance as required by state law. These photocopied
petitions now had the ordinance and an affidavit by the Canvasser attached
which stated that the ordinance had been "attached to or provided to the
petitioner when each person signed the petition. . . ."
Although state law requires that the ordinance be attached (not just
provided to the petitioner), I believe the action of providing the ordinance to
each person when the voter signed the petition as swom to in each affidavit
is substantial compliance with the state law. Providing the ordinance to
each person when the voter signed accomplishes the same goals of voter
information and prevention of confusion that our 90 year old state law was
designed to ensure. Therefore, I believe these newly attached affidavits by
the canvassers constitute a proper "amendment and correction" of the
initially invalid petitions because they evidence a "substantial compliance
with this requirement (attachment of the ordinance) of the statute."
Townsend v. McDonald, 184 Ark. 273 ( 1931 ).
My office then attempted to validate the signatures as we had on the
originals filed on October 30, 2003 . We eliminated duplications (many
voters signed both petitions). We eliminated registered voters who became
registered after they signed the petition or who failed to date the petition
so that we could not determine whether their recent voter registration
occurred before or after they signed the petition.
In all of our evaluations of the petitions, we accepted the affidavit
of the canvasser as true. Every affidavit is a swom statement that the
canvasser personally witnessed each voter sign the petition. Thus, we did
not question the accurateness of any signature on a properly sworn to
petition. My office is only supposed to examine what is presented and filed
in my office to see if the referendum petition is sufficient. Information or
allegations about questionable signatures or questions of canvassers is a
subject for litigation before a Judge, and not within my power or
responsibility as Fayetteville City Clerk.
CONCLUSION
Combining all of the petitions, both originals and photocopies of the
earlier petitions with the ordinance and new affidavits attached yielded
slightly more than the 2,932 signatures required to call a special referendum
election. Therefore, as Fayetteville City Clerk, I certify that the
Referendum Petition concerning Ordinance #4512 passed on
September 2, 2003 is SUFFICIENT pursuant to the requirements of
Amendment 7 and Arkansas law.
0 Page 2
Bernard Sulliban III
2857 Peg Lane
Fayetteville, AR. 72703
November 17, 2003
Mayor's office
113 W. Mountain St.
Fayetteville, AR. 72703
cc: Kit Williams, Sondra Smith, Don Marr, Shirley Jones
Dear Mayor Coody:
I write to you today to speak on the matter of the recently passed city ordinance on smoking. First, I would like to
say, "thank you" for your implicit support for the revised ordinance. I would also like to thank Alderman Marr and
Alderwoman Jones for having brought this resolution to the council for its considered deliberation. Furthermore,
I would like to thank Alderman Marr for his responsiveness to the opposition to the original version by amending
the resolution to exclude "bars".
Having attended the first two city council meetings on July 15 and Aug 5 (in their entirety), I heard many
opinions, several case examples, and both sides of the major arguments of 'public health' VS. 'property rights'
just as you have. I even spoke at the end of the August meeting when a fellow student stated he represented
15,000 people who weren't there but wanted to be able to smoke. I fell compelled to refute his characterization
based upon my years of experience among my peers on campus.
On August 26, ASG Resolution 5, "A Resolution to O000se Unfair Restrictions Being Placed on Fayetteville
Businesses", was introduced to the full Senate of the Associated Student Government (the legislative body of
student government at the of U of A). It was subsequently passed that same night by a margin of only 2 votes:
15 for, 13 opposed. However, what you are probably not aware of is that this is the second roll call vote tally.
The first roll call vote indicated it failed: 13 for, 14 opposed. But for a procedural error that should not have
allowed for senators to change their vote, this resolution should have failed. It is this resolution that Stoney
Rawlins, ASG President, spoke on behalf of at the September 2 council meeting.
On November 3, Sondra Smith, Fayetteville city clerk, was kind enough to receive me for an interview about her
decision to tum away the recently turned in signatures for the first attempted petition to compel a referendum.
She stated that it felt like the right thing to do to split the difference between the minimum allotment of 10 days
and the maximum of 30 days. She also pointed out the section of state code regarding petition filings.
In keeping with the equitable decisions that Miss Smith made on the lack of compliance with the statute on filing
methods, as well as her compromise to allow for 20 — the median of the 10 to 30 day range allotted, ft seems
inconsistent — irresponsible even — to receive and accept signatures upon a petition that a canvasser herself
admitted were not signed in her presence. When asked to, she also could not explain the apparent similar
handwriting for members of the same households on some of the petitions, nor would she comment on the fact
that there were apparent inconsistencies regarding the date(s) upon which some of the signings occurred.
Even more troubling, she was patently unhelpful with regard to the locations she purportedly visited to attain the
signatures she turned in. but claims to know one site where she left a petition.
It is important if interest in having a referendum is genuine, that it be substantively supported by a legitimately
proffered petition that has met all requirements of the state statutes governing it. Anything less makes most
everything else appear subjective, arbitrary, and moot.
I am available for further communication and have enclosed a business card for your convenience so that you
may reach me at a later date, via e-mail, if preferable.
Sincerely,
Bernard Sulliban III
Off-campus Senator, ASG Legislative Clerk
Senior Ticketing Representative, Walton Arts Center
MICROFILMED
City of Fayetteville, Arkansas
113 W. Mountain
Fayetteville, AR 72701
NEWS RELEASE
October 9, 2003
Contact Person: Sondra Smith, City Clerk p1n�Ga�
575-8323
Petitions for Referendum
Ordinance No. 4512
Smoking in Certain Public Places
After reviewing state law, Supreme Court decisions and prior practice of the Fayetteville
City Clerk's office, I must exclude all signatures on petitions which did not have a copy
of the amended smoking ordinance attached when the petitions were filed in my office.
This excludes all signatures so that the prima facie sufficient petitions submitted are not
sufficient under the law.
Amendment 9 states that if a city clerk decides any petition to be insufficient, the city
clerk shall without delay notify the sponsors of the petition and permit at least ten days
for correction or amendment I believe that the required liberal construction of
Amendment 7 gives a city clerk the right to permit "at least" ten days from the date of
notification for the proponents to gather additional signatures to make a sufficient
petition.
Side almost 3,000 legal signatures of qualified, registered voters of Fayetteville must be _
obtained upon proper petitions with the ordinance attached, I believe the proponents
should be granted until October 30, 2003 by the close of business (5:00 pm), to file
proper petitions in my office.
Fayetteville, Arkansas
City Clerk's Division
113 West Mountain
Fayetteville, AR 72701
479-575-8323
fax: 479-718-7695
Send to: Chris Peterson
From: Clarice Buffalohead-Pearman
Attention:
Date: 10/14/03
Office location: U of A
Office location: 113 West Mountain
Fax number: 575-3306
Phone number: 479-575-8309
®Per Your Request ❑Reply ❑Please comment ❑Please review ❑FYI
Total pages, including cover:
Comments:
A copy of Sondra Smith's News Release 10/9/03
Regarding the petitions for referendum
0
NAME OF FILE: Ordinance No. 4512
CROSS REFERENCE:
Item # Date Document
1
06/23/03
Staff Review Form w/attachments
draft ordinance
fax to Sondra Smith from Don Marr
copy of Ord. No. 3584
copy of Chapter 95 of Code of Fayetteville
memo to Mayor/City Council with proposed smoking ord.
copy of A.C.A. § 3-9-202
copy of A.C.A. § § 3-9-221-228
memo to Mayor/City Council with amendments made 8/5/03
meeting smoking ord.
2
09/04/03
memo to Marr/Jordan
3
09/13/03
Affidavit of Publication
NOTES:
12r J StkCi n Q sw-
�
ALDE AN AGENDA REQUEST F!M
FOR: COUNCIL MEETING OF
FROM:
1S,
Ju1y.Y 2003
DON MARR, ALDERMAN and SHIRLEY LUCAS, ALDERMAN
ORDINANCE OR RESOLUTION TITLE AND SUBJECT:
e { ova Qdw5
T4 L6 D
An ordinance to amend §95.05 Regulation Of Smoking In Certain Public Places of the Code of
Fayetteville and to enact a replacement §95.05 Regulation Of Smoking In Most Public Places And
Places Of Employment in order to remove exemptions for bars, pool halls, small restaurants, beauty
salons, barber shops and designated smoking areas in enclosed public access areas in restaurants,
theaters, roller rinks, bowling alleys, and retail stores, etc.
APPROVED FOR AGENDA:
.
Alderma Date
City A orney (as to form) Date
I.
ORDINANCE NO.
AN ORDINANCE TO AMEND §95.05 REGULATION OF
SMOKING IN CERTAIN PUBLIC PLACES OF THE CODE
OF FAYETTEVILLE AND TO ENACT A REPLACEMENT §95.05
REGULATION OF SMOKING IN MOST PUBLIC PLACES AND
PLACES OF EMPLOYMENT IN ORDER TO REMOVE EXEMPTIONS
FOR BARS, POOL HALLS, SMALL RESTAURANTS, BEAUTY
SALONS, BARBER SHOPS AND DESIGNATED SMOKING AREAS
IN ENCLOSED PUBLIC ACCESS AREAS IN RESTAURANTS,
THEATERS, ROLLER RINKS, BOWLING ALLEYS, AND
RETAIL STORES, ETC.
WHEREAS, Ordinance No. 3584 enacted on December 17, 1991, regulated
smoking in numerous public places, but permitted designated smoking areas in
restaurants, theaters, museums, galleries, malls, hotels, motels, banks, retail stores, health
spas, roller rinks, bowling alleys, etc.; and
WHEREAS, Ordinance No. 3584 codified as §95.05 Regulation of smoking in
certain public places did not apply to bars, separated bars in restaurants, beauty salons,
barber shops, convenience stores, pool halls and small restaurants nor many places of
employment; and
WHEREAS, scientific studies have proven that second hand tobacco smoke is a
recognized carcinogen and is otherwise dangerous and causes diseases in the health of
nonsmokers; and
WHEREAS, the United States Surgeon General has determined that separation of
smokers and nonsmokers within the same airspace does not eliminate exposure of
nonsmokers to second hand smoke; and
WHEREAS, employees who work in a smoke -filled business suffer 25%-50%
higher risk of heart attack and higher rates of death from cardiovascular disease and
cancer; and
WHEREAS, the Fayetteville City Council has determined that further restrictions
of smoking in enclosed public places and work places are needed to protect the health
and safety of citizens and to ensure the right of nonsmokers to breathe smoke free air; and
WHEREAS, economic analyses have shown no difference or a positive
economic impact after enactment of laws requiring workplaces to be smoke free; and
WHEREAS, numerous studies
have found that tobacco smoke is
a major
contributor to indoor air
pollution, and
that breathing secondhand smoke
is a cause of
disease in healthy nonsmokers, including heart disease, stroke, respiratory disease, and
lung cancer. The National Cancer Institute determined in 1999 that secondhand smoke is
responsible for the early deaths of up to 65,000 Americans annually; and
WHEREAS, secondhand smoke is particularly hazardous to elderly people,
individuals with cardiovascular disease, and individuals with impaired respiratory
function, including asthmatics and those with obstructive airway disease. Children
exposed to secondhand smoke have an increased risk of asthma, respiratory infections,
sudden infant death syndrome, developmental abnormalities, and cancer; and
WHEREAS, The Americans With Disabilities Act, which requires that disabled
persons have access to public places and workplaces, deems impaired respirator function
to be a disability.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF FAYETTEVILLE, ARKANSAS:
Section 1. That the City Council of the City of Fayetteville, Arkansashereby
repeals §95.05 Regulation of smoking in certain public places of the Fayetteville
Code, in its entirety and enacts the following new §95.05 Regulation of smoking in
most public places of the Fayetteville Code to replace it:
"Sec. 95.05. Regulation of smoking in most
public places.
(A) Definitions. For the purpose of this chapter,
the following definitions shall apply unless
the context clearly indicates or requires a
different meaning.
Bar. An establishment that is devoted solely
to the sale and service of alcoholic beverages for
on -premises consumption and where the service
of food, if any, is incidental to the consumption of
such beverages.
Restaurant: An eating establishment,
including but not limited to dining establishments,
coffee shops, cafeterias, sandwich shops, private
and public cafeterias, which gives or offers for
sale food to the public, guests, or employees, as
well as non-residential kitchens and catering
facilities in which food is prepared on the
premises for serving elsewhere. The term
"restaurant" shall include a bar area within the
restaurant.
Enclosed area. All space partially enclosed
between a floor and ceiling that is enclosed on all
sides by solid walls or windows (exclusive of
doorways), which extend from the floor to the
ceiling.
Health care
facilities. All
enclosed
indoor
areas in which
health care is
provided
to the
general public (other than areas to which
smoking policy is already established by state
law, A.C.A. §§20-27-701 through 20-27-703),
including nursing and convalescent homes,
optometrists', podiatrists', and chiropractors'
offices, and physical therapy facilities.
Manager. The owner, lessee, or other
person in charge of a public place.
Place of employment. An area under the
control of a public or private employer that
employees normally frequent during the course of
employment, including, but not limited to, work
areas, employee lounges, restrooms, conference
rooms, meeting rooms, classrooms, employee
cafeterias, hallways, and vehicles. A private
residence is not a "place of employment" unless it
is used as a child care, adult day care, or health
care facility.
Public place.
(1) Any enclosed indoor area that is used
by the general public, except hotel and
motel guest rooms and areas restricted
to use only by employees or
management of a private business; and
(2) Any swimming pool owned or operated
by the city, including the entire area
within the pool enclosure. A private
residence shall not be considered a
public place for purposes of this section
unless it is used as a health care or
licensed child care facility.
Retail Tobacco Store. A retail store utilized
primarily for the sale of tobacco products and
accessories and in which the sale of other
products is merely incidental.
Smoking. Holding a lighted pipe, cigar, or
cigarette of any kind, or lighting, or emitting or
exhaling the smoke of, a pipe, cigar, or cigarette
of any kind.
Sports arenas. Means sports pavilions,
stadiums, gymnasiums, health spas, boxing
arenas, swimming pools, roller and ice rinks,
bowling alleys and other similar places where
members of the general public assemble to
engage in physical exercise, participate in athletic
competition or witness sports or other events.
(B) Restrictions on smoking in public places
essential to members of the public. No
person shall smoke in the following public
places:
(1) Health care facilities
(2) Within the physical confines of licensed
child care facilities. (As defined in A.C.A.
§20-78-217)
(3) Polling places;
(4) Courtrooms and jury waiting and
deliberation rooms;
(5) Rooms, halls or other places of meeting
or public assembly, during such times
as a public meeting is in progress, to the
extent such place is subject to the
jurisdiction of the city; provided that this
section shall not apply to meetings of
private organizations;
(6) Drug stores, grocery stores, banks,
libraries, and laundromats;
(7) Public transportation terminals;
(8) Buses, taxis, and airport limousines
operating within the city limits;
(9) Elevators accessible to the public;
(10) Restrooms; and
(11) Swimming pools owned or operated by
the city.
(C) Restrictions on smoking in certain other
public places. No person shall smoke in the
following enclosed public places and places
of employment or work places:
(1) Facilities primarily used for exhibiting
any motion picture, lecture, musical
recital, stage or other similar
performance, except when smoking is
part of a stage production;
(2) Enclosed walkways in malls and
shopping centers;
(3) Hotels and motels, except hotel and
motel rooms that are rented to guests
and are designated as smoking rooms.
(4) Museums and galleries;
(5) Bank and retail stores doing business
with the general public, except for retail
tobacco stores whose primary source of
revenue is the sale of tobacco and
tobacco -related products;
(6)
Restaurants, cafeterias, cafes, coffee
shops, etc.
(7)
Health spas, roller
rinks, bowling alleys,
and other indoor
sports or recreation
facilities, including
pool halls;
(8)
Bars, taverns,
nightclubs, cocktail
lounges, cabarets,
etc.
(9)
Beauty salons and
barber shops;
(10) Convenience stores.
(11) An outside area within a reasonable
distance of fifteen (15) feet from a main
entrance to an enclosed area in which
smoking is prohibited.
(12) Enclosed places of employment and
work places if a nonsmoking employee
is present or regularly enters or uses
that portion of an enclosed place of
employment or work place.
(13) Business vehicles with at least one
nonsmoker as an occupant.
(D) The provisions of this section shall not apply
to Retail tobacco stores whose primary
source of revenue is the sale of tobacco and
tobacco -related products.
(E) Duties of managers of public places.
(E) Duties of managers of public places.
(1) The manager of a public place in which
smoking is prohibited or restricted shall
place conspicuous signs at each public
entrance up to a maximum of six
entrances, and at appropriate places
within the public place, notifying the
public that Smoking is prohibited.
(2) The manager of a public place in which
smoking is prohibited or restricted shall
not knowingly permit, or fail to make
reasonable efforts to prevent, smoking
in any area where smoking is prohibited.
(F) Enforcement.
(1) This section shall be enforced by the
Mayor or an authorized designee.
(2) Any citizen who desires to register a
complaint under this section may initiate
enforcement with the Mayor's office.
(3) An owner, manager, operator or
employee of an establishment regulated
by this section shall inform persons
violating this section of the appropriate
provisions thereof.
(4) A person who smokes in an area where
smoking is prohibited by provisions of
this section shall be guilty of a violation
punishable by a fine not exceeding fifty
dollars ($50.00).
dollars ($100.00) for a first
violation;
(b) A fine not exceeding two hundred
dollars ($200) for a second
violation within one (1) year;
(c) A fine not exceeding five hundred
dollars ($500) for each additional
violation within one (1) year.
(6) In addition to the fines established
by this Section, multiple violation of
this Section by a person who owns,
manages, operates or otherwise
controls a public place or place of
employment may result in the
suspension or revocation of any permit
or license issued to the person for the
premises on which the violation
occurred.
(7) Each day on which a violation of this
Section occurs shall be considered a
separate and distinct violation.
(G) Relation to other laws and regulations.
Nothing in this section excuses
noncompliance with any state or federal law, or
any rule or regulation adopted pursuant thereto
(including any rule adopted for the University of
Arkansas or for the public schools), which
prohibits or regulates smoking.
(H) Jurisdiction.
(5) A person who owns, manages, This section is not applicable nor enforceable
operates, or otherwise controls a public in federal, state or county buildings including all
place or place of employment and who facilities owned or operated by the University of
fails to comply with the provisions of this Arkansas.
Section shall be guilty of a violation,
punishable by: (Ord. No. 3584,12-17-91)
(a) A fine not exceeding one hundred
PASSED and APPROVED this the 15` day of July, 2003.
APPROVED:
By:
ATTEST:
By:
Sondra Smith, City Clerk
O
DAN COODY, Mayor
4" • • 4 4•;4 i% • IJ J/
1 .
ri
-
To: From: Ag9t' 7/14W
Fax .L74. #7/f 7I$ 9s' Pages (including the cover page)
E rgont O For Review QPlease Comment ❑Ploase Reply ❑Please Recycle
o Comments:
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DAVID j. WHITAKER
Assistant City Attorney
Judy Housley
Office Manager
Phone (479) 575.8313
FAX (479) 575-8315
KIT WILLIAMS
FAYETTEVILLE CITY ATTORNEY
Don Marr
Fayetteville Alderman
Dear bon:
June 20, 2003
I.
THE CT' oa FAYETTEVILLE. ARXANSA5
123W. Mountain, Suite 302
F.yelleville, AR 72701-6083
£YS 6od - vto-
By FAX: (479) 845-2801
Attached is the revised smoking ordinance per your
instruction. I also revised the Title to specifically mention "places of
employment" and placed that within the second Whereas Clause.
This is a major change in the law and so needs to be referred to in the
title of the ordinance:
Please review this final (?) draft and let me know if any further
changes are needed.
With kindest regards,
Kit Williams
Fayetteville City Attorney
KW/jh
Attachment
i
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ALDERMAN AGENDA REQUEST FORM
FOR: COUNCIL MEETING OF July 1, 2003
FROM:
DON MARK, ALDERMAN and SHIRLEY LUCAS, ALDERMAN
ORDINANCE OR RESOLUTION TITLE AND SUBJECT:
An ordinance to amend §95.05 Regulation Of Smoking In Certain Public Places of the Code of
Fayetteville and to enact a replacement §95.05 Regulation Of Smoking In Most Public Places And
Places Of Employment in order to remove exemptions for bars, pool halls, small restaurants, beauty
salons, barber shops and designated smoking areas in enclosed public access areas in restaurants,
theaters, roller rinks. bowling alleys, and retail stores, etc.
APPROVED FOR AGENDA:
4, -go
0 e4
erman Date
Alderman Date
City Attorne (as to forth) Date
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ORDINANCE NO.
AN ORDINANCE TO AMEND §95.05 REGULATION OF
SMOKING IN CERTAIN PUBLIC PLACES OF THE CODE
OF FAYETTEVILLE AND TO ENACT A REPLACEMENT §95.05
REGULATION OF SMOKING IN MOST PUBLIC PLACES AND
PLACES OF EMPLOYMENT IN ORDER TO REMOVE EXEMPTIONS
FOR BARS, POOL HALLS, SMALL RESTAURANTS, BEAUTY
SALONS, BARBER SHOPS AND DESIGNATED SMOKING AREAS
IN ENCLOSED PUBLIC ACCESS AREAS IN RESTAURANTS,
THEATERS, ROLLER RINKS. BOWLING ALLEYS, AND
RETAIL STORES, ETC.
WHEREAS, Ordinance No. 3584 enacted on December 17,199 1, regulated
smoking in numerous public places, but permitted designated smoking areas in
restaurants, theaters, museums, galleries, malls, hotels, motels, banks, retail stores, health
spas, roller rinks, bowling alleys, etc.; and
WHEREAS, Ordinance No. 3584 codified as §95.0S Regulation of smoking in
certain public places did not apply to bars, separated bars in restaurants, beauty salons,
barber shops, convenience stores, pool balls and small restaurants nor many places of
employment; and
WHEREAS, scientific studies have proven that second hand tobacco smoke is a
recognized carcinogen and is otherwise dangerous and causes diseases in the health of
nonsmokers; and
WHEREAS, the United States Surgeon General has determined that separation of
smokers and nonsmokers within the same airspace does not eliminate exposure of
nonsmokers to second hand smoke; and
WHEREAS, employees who work in a smoke -filled business suffer 25%.50%
• higher risk of bears attack and higher rates of death from cardiovascular disease and
cancer, and
WHEREAS, the Fayetteville City Council has determined that further restrictions
of smoking in enclosed public places and work places are needed to protect the health
and safety of citizens and to ensure the right of nonsmokers to breathe smoke free air; and
WHEREAS, economic analyses have shown no difference or a positive
economic impact after enactment of laws requiring workplaces to be smoke free; and
WHEREAS, numerous studies have found that tobacco smoke is a major
contributor to indoor air pollution, and that breathing secondhand smoke is a cause of
.RJN-2@-2003(FRI) 11:32
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lung cancer. The National Cancer Institute determined in 1999 that secondhand smoke is
responsible for the early deaths of up to 65,000 Americans annually; and
WHEREAS, secondhand smoke is particularly hazardous to elderly people,
individuals with cardiovascular disease, and individuals with impaired respiratory
function, including asthmatics and those with obstructive airway disease. Children
exposed to secondhand smoke have an increased risk of asthma, respiratory infections,
sudden infant death syndrome, developmental abnormalities, and cancer, and
WHEREAS, The Americans With Disabilities Act, which requires that disabled
persons have access to public places and workplaces, deems impaired respirator function
to be a disability.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
Tilt CITY OF FAYETTEVILLE, ARKANSAS:
Section 1. That the City Council of the City of Fayetteville. Arkansas -hereby
repeals §95.05 Regulation of smoking in certain public places of the Fayetteville
Code, in its entirety and enacts the following new §95A5 Regulation of smoking in
most public places of the Fayetteville Code to replace it:
'Sec. 95.05. Regulation of smoking In most
public places.
(A) Definitions. For the purpose of this chapter,
the following definition shell apply unless
the context clearly indicates or requires a
different meaning.
Bar. An establishment that Is devoted solely
to the sale and service of alcoholic bovorapas for
on -premises consumption and where the service
of food. If any, Is incidental to the consumption of
such beverages.
Restaurant An eating establishment.
Including but not limited to dining establishments,
coffee shops, cafeterias. sandwich shops, private
and public cafeterias. which glves or offers for
sale food to the public, guests, or employees, as
well ai non-rosidontlel kitchens and catering
facilities in which rood Is prepared on the
promises for serving elsewhere. The term
'restauranr shall Include a bar area within the
restaurant.
Encrosed area. All space partially enclosed
between a floor and calling that Is enclosed on all
sides by solid walls or windows (exclusive of
doorways), which extend from the floor to the
ceiling.
Heal h care
facilities. All
enclosed
Indoor
areas in which
health care Is
provided
to the
general public
(other than
areas to
which
smoking policy Is already established by state
law, A.E.A. §§20.27-701 through 20.27-703),
including nursing and convalescent homes,
optometrists', podiatrists'. and chiropractors'
offices, and physical therapy facilities.
Manepor. The owner, lessee, or other
person in charge of a public place.
Face of employment. An area under the
control of a public or private employer that
employees normally frequent during the course of
employment, including, but not limited to, work
areas, employee lounges, restrooms, conference
rooms, meeting rooms, classrooms. employee
cafeterias, hallways, and vehicles. A prlvato
residence Is not a'placg of employmorW unless it
Is used as a child care, adult day care, or health
care facility.
Public place.
(1) My enclosed indoor area that Is used
by the general public, except notol and
motel guest rooms and areas restricted
to use only by employees or
management of a private business; and
(2) Any swimming pool owned or operated
by the city. Including the entire area
within the pool enclosure. A private
residence shall not be considered a
public place for purposes of this section
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unless it is used as a health care or
licensed child care facility.
Retail robece.o Store. A retail store utilized
primarily for the sale of tobacco products and
accessories end In which the sale of other
products is mercy Mcldental.
Smoking. Holding a lighted pipe, cigar, or
Cigarette of any kind, or lighting, or omitting or
exhaling the smoke of, a pipe, cigar, or cigarette
of any kind.
Sports arenas. Means sports pawillbns.
stadiums, gymneslums, health spas, boxing
arenas, swimming pools, roller and Ice rinks.
bowling alloys and other similar places where
members of the general public assemble to
engage in physical exercise, participate in athletic
competition or witness sports or other events.
y6) Restrictions on smoking in public places
essential to members of the public. No
person shall smoke In the following public
places:
�r-�— n h,l f q411) Mite} exceptinprivateor
(L-KLA' rUt ri3 cX semiprivaterooms?o"pcd,byoneror
0 mMC.pfldent4fa11fd}IWIt0mrafC ill 0k0t5
W �C� who:.have_requesled.to.bS.placsd.M
h n a .+ tlmmt.Wtreomking is parmleed;
(2) Within the physical confines of licensed
child care facilities. (As defined in A.C.A.
§20.78.217)
(3) Polling places;
(4) Counroorns and jury walling and
deliberation rooms:
(5) Rooms, hails or ttieplaces of meeting
or public assembly. during such times
as a public meeting is In progress, to the
extent such place is subject to the
jurisdiction of the city; provided that this
section shall not apply to meetings of
private organizations;
(6) Drug stores, gideery stoles. banks,
libraries. and laundmmats;
(7) Public transportation terminals;
(8) Buses, taxis, and airport limousines
operating within the city limits:
(9) Elevators accessible to the public;
(10) Restrooms; and
(11) Swimming pools owned or operated by
the city.
(C) Restrictions on smoking in certain other
public places. No person shall smoke In the
following enclosed public places and places
of employment or want places:
(1) Facilities primarily used for exhibiting
any notion picture. lecture, musical
recilal, stage or other similar
peAestnance, except when smoking is
part of a stago production;
(2) Enclosed walkways in malls and
shopping centers;
(3) Hotels and motels, except hotel and
motel rooms that are rented to guests
and are designated as smoking rooms.
(4) Museums and galleries;
(5) Bank and retail stores doing busine"s"s
with the general public, except for retail
tobacco stores whose primary source of
revenue Is the sale of tobacco and
tobacco -related products:
(6) Restaurants, cafeterias, cafes, coffee
Shops, etc.
(7) Health spas. roller rinks, bowling alloys,
and other indoor sports or recreation
facilities. Including pool halts;
(8) Bars, taverns, nightclubs, cocktail
lounges. cabarets. etc.
(9) Beauty salons and barber shops:
(10)Coivenience stores.
(i1) An outside area within a reasonable
distance of fifteen (15) feet from a main
entrance to an enclosed area in which
smoking Is prohibited.
(12) Enclosed places of employment and
work pieces If a nonsmoking employee
is present or regularly enters or uses
trial portion of an unclosed place of
employment or work place.
(13) Business vehicles with at least one
nonsmoker as an occupant
(D) The provisions of this section shall not apply
to Retail tobacco stores whose primary
source of revenue Is the sale of tobacco and
tobacco-rolatod products.
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(E) Duties of managers of public places.
(1) The manager of a pubic plaoo to which
smoking Is prohibited or restricted shall
place conspicuous signs at each public
entrance up to a maximum of six
entrances, and at appropriate places
within the public place. lwtify!ng the
public that Smoking Is prohibited.
(2) The manager of a public place In which
smoking is prohibited or restrtclod shall
not knowingly permit, or fall to make
reasonable titan to prevent, smoking
In any area where smoking Is prohibited.
(F) Enforcement
(1) This section shall be enforced by the
Mayor or an authorized designee.
(2) Any citizen who desires to register a
complaint under this section may initiate
enforcement with the Mayor's office.
(3) An owner, manager, operator of
employee of an establishment regulated
by this section shall inform persons
violating this section of the appropriate
provisions thereof.
(4) A person who smokes in an area where
smoking is prohibited by provisions of
this section shall be guilty of a e!o!at!on
punishable by a find not exceeding Nty
dollars ($50.00).
dollars (5100.00) bra first
violation:
(b) A fine not exceeding two hundred
dollars ($200) fora second
violation within one (1) year:
(c) A fine not exceeding five hundred
dollars ($500) for each additional
violation within one (1) year.
(6) In addition to the faros csT@4!!chod
by this Section, multiple violation of
this Section by a person who owns,
manages, operates or otherwise
controls a public place or place of
employment may result In the
suspension or revocation of any permit
or license issued to the person for the
promises on which the violation
occurred,
(7) Each day on which a violation of th15
Section occurs shall be considered a
separate and distinct violation.
(G) Relation to other laws and regufolion.5.
Nothing In this sccuon excuses
noncompliance with any state or federal law, or
any rule or regulation adopted pursuant thereto
(including any rule adopted for the University of
Arkansas or for the public schools), which
prohibits or regulates smoking.
(H) Jurisdiction.
(5) A person who owns, manages, This section Is not applicable nor enforceable
operatesor otherwise controls a public in federal. state or county buildings Including all
place or place of employment and who facilities owned or operated by the University of
falls to comply with the provisions of this Arkansas.
Section shall be guilty of a violation,
punishable by: (Ord. No. 3584, 12.17.91)
(a) A Ono not exceeding one hundred
PASSED and APPROVED this the I" day of July, 2003.
By:
DAN COODY, Mayor
ATTEST:
By:
Sondra Smith, City Cicrk
. FILE" ^ ,`CORD
'91 DEC 20 P!73' 41
ORDINANCE NO. 3584 „
• JJ CO
AN ORDINANCE TO REGULATE SMOKING IN CERTAIN_:;;- AR
PUBLIC PLACES AND TO AMEND CHAPTER 95 OF THE `YER
CODE OF ORDINANCES OF THE CITY OF
FAYETTEVILLE, ARKANSAS BY ADDING A NEW SECTION
95.05.
WHEREAS, studies by the Surgeon General of the United States,
the National Academy of Sciences, the National Institute of
Occupational Safety and Health, and other scientific and health
organizations demonstrate that passive smoking, or involuntary
exposure to other people's tobacco smoke, is a significant health
hazard for elderly people, children, individuals with
cardiovascular disease, and individuals with impaired respiratory
function;
WHEREAS, health hazards caused by passive smoking include lung
cancer, respiratory infection, decreased respiratory function,
decreased exercise tolerance, bronchoconstriction and bronchospasm;
WHEREAS, non-smokers who suffer allergies, respiratory
diseases and other ill effects of passive smoking may experience .a
loss of job productivity and may be forced to take periodic sick
leave because of such adverse reactions;
WHEREAS, smoking is a frequent cause of fires, and cigarette
and cigar burns and.ash stains on merchandise and fixtures cause
losses to business;
WHEREAS, the Fayetteville business community has taken
important steps to increase customer satisfaction by providing non-
smoking areas, and this trend should be encouraged; and
WHEREAS, the purpose of this ordinance is to protect public
health, safety and welfare by prohibiting smoking in certain public
places essential to members of the public, and by restricting
smoking to designated smoking areas in other specified public
places;
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS OF
THE CITY OF FAYETTEVILLE, ARKANSAS:
Section 1. Chapter 95 of the Code of Fayetteville is
hereby amended by adding Section 95.05 to read as follows:
§95.05 Regulating Smoking in Certain Public Places. ,
(a) Definitions.
(1) "Bar" means an area devoted to the sale and service
of alcoholic beverages for on -premises consumption,
where theservice of food, if any, is only
incidental to the consumption of such beverages. pp
usu14 6PjGE848
71
72
(2) "Designated smoking area" means an area:
(A) that is separated from non-smoking areas; is
designated by appropriate signs which are
clearly visible to patrons in and entering the
area, or is in a facility where conspicuous
signs are posted that smoking is permitted in
the entire facility except for non-smoking
areas; contains ashtrays, containers, or other
receptacles for extinguishing smoking
materials; and does not include service lines
or cashier areas; and
(B) that is situated so that smoke from the
smoking area does not normally enter a non-
smoking area; provided that in the case of a
public place that is in business or operation
on the date of enactment of this ordinance,
whether under the same or new management, no
new physical barriers or ventilation systems
need to be installed, and such public place
shall be deemed to satisfy this subparagraph
(a)(2)(B) if it utilizes existing physical
barriers or ventilation systems to minimize
the drift of smoke into non-smoking areas.
(3) "Designated non-smoking area" means an area that is
separated from smoking areas, and is designated by
appropriate signs which are clearly visible to
patrons and entering the area.
(4) "Health care facilities" means all enclosed indoor
areas in which health care is provided to the
general public (other than areas to which smoking
policy is already established by state law
(A.C.A.§§ 20-27-701 thru 703), including nursing
and convalescent homes, optometrists',
podiatrists', and chiropractors' offices, and
physical therapy facilities.
(5) "Manager" means the owner, lessee, or other person
in charge of a public place.
(6) "Public place" means (a) any enclosed indoor area
that is used by. the general public, except hotel
and motel guest rooms and areas restricted;to use
only by employees or management of -a private
business; and (b) any swimming pool owned or
operated by the city, including the entire area
within the pool enclosure. A private residence
shall not be considered a public place for purposes
of this ordinance, unless it is used as a health
care or licensed child care facility.
USER 1446PPGE849
I
73.
•q
(7) "smoking" means holding a lighted pipe, cigar, or
cigarette of any kind, or lighting, or emitting or
exhaling the smoke of, a pipe, cigar, or cigarette
of any kind.
(b) Restrictions on Smoking in Public Places Essential
to Members of the Public.
No person shall smoke in the following public places:
(1) health care facilities, except in private
or semi -private rooms occupied by one or
more patients all of whom are smokers who
have requested to be placed in rooms
where smoking is permitted;
(2) licensed child care facilities, except in
areas in which children being cared for are
• never present;
(3) polling places;
(4) courtrooms and jury waiting and deliberation
rooms;
(5) rooms, halls or other places of meeting or
•public assembly, during such times as a public
meeting is in progress, to the extent such
place is subject to the jurisdiction of the
city; provided that this ordinance shall not
apply to meetings of private organizations;
(6) drug stores, grocery stores, banks, libraries,
and laundromats;
(7) public transportation terminals;
(8) buses, taxis, and airport limousines operating
within the city limits;
• (9) elevators accessible to the public;
(10 restrooms, except in facilities listed in
subsection (d) of this ordinance; and
(11) swimming pools owned or operated by the city.
•
(c) Restrictions on Smoking in Certain Other Public Places.
No person shall smoke in the following public places,
except in designated smoking areas:
(1) facilities primarily used for exhibiting any
motion picture, lecture, musical recital, pp
IIBfR144UPAGE 50
74
stage or other similar performance, except
when smoking is part of a stage production;
(2) enclosed walkways in malls and shopping
centers;
(3) hotels and motels;
(4) museums and galleries;
(5) bank and retail stores doing business with the
general public, except for retail stores whose
primary source of revenue is the sale, of
tobacco and tobacco -related products;
(6) restaurants in business on the date of
enactment of this ordinance, whether under the
same or new management, if the seating
capacity is 30 or less and the management
posts a conspicuous notice on each public
entrance stating that smoking is permitted
throughout the restaurant; and
(7) health spas, roller rinks, bowling alleys, and
other indoor sports or recreation facilities,
except for pool halls.
(d) The provisions of this ordinance shall not apply to the
following facilities, provided that the facility posts a
conspicuous notice on each public entrance stating that
smoking is permitted throughout the facility:
(1) bars, and separated bar areas of restaurants;
(2') beauty salons and barber shops;
(3) retail stores whose primary source of revenue
is the sale of tobacco and tobacco -related
products;
(4) gasoline stations and convenience stores; and
(5) pool halls; and
(6) restaurants in business on the date of
enactment of this ordinance, whether under the
same or new management, if the seating.
capacity is 30 or less.
(e) Duties of Managers of Public Places.
(1) The manager of public place to which this
ordinance applies shall make one of the
following three designations. The manager mayp�
LIBEB 1446 PAGE 851
75
designate: (A) the entire public place as a
non-smoking facility; or (B) separate areas of
the public place as a designated smoking and
non-smoking, if permitted by paragraph (c) of
this ordinance; or (C) the entire public place
as a smoking -permitted facility, if permitted
by paragraph (d) of this ordinance.
(2) The manager of a public place, if the entire
public, place has been designated a smoking -
permitted facility, shall post a conspicuous
notice on each public entrance stating that
smoking is permitted throughout the facility.
(3) The manager of a public place in which smoking
is prohibited or restricted shall place
conspicuous, signs at each public entrance up
to a maximum of six entrances, and at
appropriate places within the public place,
notifying the public that (A) smoking is
prohibited, or (B) that smoking is prohibited
except within designated smoking areas, or (C)
that smoking is permitted except within
designated non-smoking areas.
(4) The manager of a public place in which a
smoking and non-smoking areas has been
designated shall comply with the requirements
of this ordinance for sitting of the
designated smoking and non-smoking areas.
(5) The manager of a public place in which smoking
is prohibited or restricted shall not
knowingly permit, or fail to make reasonable
efforts to prevent, smoking in any area where
smoking is prohibited. The manager may
fulfill this duty by asking smokers to refrain
from smoking in a non-smoking area or
directing smokers to designated smoking areas.
(6) Nothing in this ordinance shall preclude the
manager of a public place listed in paragraphs.
(c) or (d) of this ordinance from designating
all of the facility to be non-smoking, or from
designating part of public place listed in
paragraph (d) as a non-smoking area:
(f) Enforcement.
(1) The City Manager shall designate officers
responsible for enforcing the provisions of
this ordinance, with due regard for the
circumstances of each type of facility subject
to the ordinance.
LIBEP.1446PAQE852
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76
ii
(2) The violation of any provision of this
ordinance shall be punishable by a fine of not
less than $10.00 and not more than $100,
except that in inadvertent first offender may
be given a warning. Each day a violation of
this ordinance continues shall be a separate
offense.
(3) City officials responsible for issuing
building permits and certificates of occupancy
for facilities subject to this ordinance shall
consider applicants' compliance with, or
agreement to comply with paragraph (e)(4) as a
factor in deciding whether to issue the
permit -
(g) Relation to Other Laws and Regulations.
Nothing in this ordinance excuses noncompliance with any
state or federal law, or any rule or regulation adopted
pursuant thereto (including any rule adopted for the
University of Arkansas. or for the public schools), which
prohibits or regulates smoking.
(h) Severability-
If any part of this ordinance, or the application of the
same to any person or set of circumstances, is for any reason
held to be void or invalid, the validity of the remaining
parts of this ordinance or its application to other persons or
sets of circumstances shall not be affected thereby.
(i) Effective Date.
This ordinance shall be effective three months after the
date of approval by the Fayetteville Board of Directors.
PASSED AND APPROVED this 17th day of December , 1991•
APPROVED:
M yor
hod-dCeyy�gp/ .
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USER 1446PAGE853
C.
•
•
•
CHAPTER 95: HEALTH AND SANITATION
Section
95.01 Unsightly or unsanitary conditions on real prop-
erty; order and notice to correct
95.02 Abatement by city; costs responsibility of owner
95.03 Enforcement of lien; notice
95.04 Public nuisance; abatement
95.05 Regulation of smoking in certain public places
95.99 Penalty
§ 95.01 Unsightly or unsanitary conditions on real
property; order and notice to correct.
(A) The mayor, or his duly authorized representative, is
hereby authorized to order the owner of any real property
within the city to cut weeds and grass growing thereon,
remove garbage, rubbish and other unsanitary and un-
sightly articles and things therefrom and eliminate, rill up
or remove any stagnant pool of water or any other unsan-
itary thing, place or condition on such. property which
might become a breeding place for mosquitoes, flies and
germs harmful to the health of the community. Whenever
any such condition is found to exist, the mayor, or his duly
authorized representative, shall give the owner of the prop-
erty written notice to perform such acts within 20 days. In
case the owner of the property is unknown or his where-
abouts is not known or he is a nonresident of this state, a
copy of the written notice shall be posted upon the prem-
ises.
(B) It shall be unlawful for any person to fail or refuse
to comply with any order and notice given pursuant to this
section.
(Code 1965, § 11-1; Ord. No. 1303, 5.28-62; Ord. No. 1721,
12.15-69)
Cross reference —Penalty, § 95.99.
§ 95.02 Abatement
by
city;
costs responsibility of
owner.
If the conditions described in a notice given pursuant to
§ 95.01 are not removed or corrected within 20 days after
such notice is given, the mayor, or his duly authorized
representative, is hereby authorized to enter upon the prop-
erty and do whatever is necessary to correct or remove the
conditions described, in the notice. The costs of correcting
said conditions shall be charged to the owner or owners of
the property and the city shall have a lien against such
property for such costs.
(Code 1965, 11.2; Ord. No. 1303, 5-28.62; Ord. No. 1721,
12-15.69; Ord. No. 2557, 9-4-79)
Cross reference —Penalty, § 95.99.
§ 95.03 Enforcement of lien; notice.
(A) The lien herein provided for may be enforced and
collected in either one of the following manners:
(1) The lien may be enforced at any time within 18
months after work has been done, by an action in
the chancery court; or
(2) The amount of the lien herein provided may be
determined at a hearing before the city council held
after 30 days' written notice by certified mail to
the owner or owners of the property, if the name
and whereabouts of the owner or owners be known,
and if the name of the owner or owners cannot be
determined, then only after publication of notice of
such hearing in a newspaper having a bona fide
circulation in Washington County for one insertion
per week for four consecutive weeks; the determi-
nation of the city council shall be subject to appeal
by the property owner in the chancery court; and
the amount so determined at said hearing, plus 5%
penalty for collection, shall be by the city council
certified to the tax collector of the county, and by
him placed on the tax books as delinquent taxes,
and collected accordingly, and the amount, less 3%
thereof, when so collected shall be paid to the city
by the county tax collector.
(Code 1965, § 11.3; Ord. No. 1303, 5-28.62; Ord. No. 1721,
12.15-69; Ord. No. 2557, 9-4-79; Ord. No. 2922, 5.17.83)
(B) In case the owner of any lot or other real property is
unknown or his whereabouts is not known or he is a non-
resident of this state, then a copy of the written notice
hereinabove referred to shall be posted upon the premises
and before any action to enforce such lien shall be had, the
city clerk shall make an affidavit setting out the facts as
to unknown address or whereabouts or nonresidence, and
thereupon service of the publication as now provided for
by law against nonresident defendants may be had, and
an attorney ad litem shall be appointed to notify the de-
fendant by registered letter addressed to his last known
place of residence if same can be found.
(Code 1965, § 11.3.1; Ord. No. 2557, 9-4-79)
§ 95.04 Public nuisance; abatement.
(A) It shall be unlawful for the owners, occupants, ten-
ants, or lessees of any dwelling or place of business to
allow garbage, trash or other litter to accumulate on his
premises, or to place or cause to be placed paper, card-
board or other litter in such manner as to cause unsightly
or unsanitary conditions in the city.
Supp. No. 4
21
22
Fayetteville - General Regulations
(B) The sanitation superintendent or the health depart-
ment sanitarian or their authorized representatives shall
have the duty of notifying the owner, occupant, tenant, or
lessee of a dwelling or place of business where one or more
of the conditions described in subsection (A) of this section
is found to exist.
(C) It shall be the duty of the owner, occupant, tenant
or lessee of such premises to correct said condition or con-
ditions within 30 days from date of receipt of such notice.
(D) If the owner, occupant, tenant, or lessee fails to obey
such notice and continues to maintain said prohibited con-
dition or conditions, such person shall be deemed in vio-
lation of this section and shall be subject to the penal
provisions contained in this chapter.
(E) The provisions of this section are supplementary to,
and do not amend or repeal the provisions of §§ 95.01
through 95.03 of this Code.
(Code 1965, § 10.5; Ord. No. 1194, 4-6.59; Ord. No. 1619,
8-19-68)
Cross reference —Penalty, § 95.99.
§ 95.05 Regulation of smoking in certain public
places.
(A) Definitions.
Bar. An area devoted to the sale and service of alcoholic
beverages for on -premises consumption, where the service
of food, if any, is only incidental to the consumption of
such beverages.
Designated smoking area.
(1) An area that is separated from nonsmoking areas;
is designated by appropriate signs which are clearly
visible to patrons in and entering the area, or is in
a facility where conspicuous signs are posted that
smoking is permitted in the entire facility except
for nonsmoking areas; contains ashtrays, con-
tainers, or other receptacles for extinguishing
smoking materials; and does not include service
lines or cashier areas; and
(2) An area that is situated so that smoke from the
smoking area does not normally enter a non-
smoking area; provided that in the case of a public
place that is in business or operation on thedate of
enactment of this section, whether under. the same
or new management, no new physical barriers or
ventilation systems need to be installed, and such
public place shall be deemed to,aatisfy.this subdi-
visionifitutilizesexistingphysicalbarriersorven-
tilation systems to minirnize the drift of smoke into
nonsmoking: areas.
Designated non-smoking area. An area that is separated •
from smoking areas, and is:designated by appropriate signs
which are clearly visible to patrons and entering the area.
Health care facilities. All enclosed indoor areas in which
health care is provided to the general public (other than
areas to which smoking policy is already established by
state law (A.C.A. if 20.27.701 through 20.27.703), in-
cluding nursing and convalescent homes, optometrists',
podiatrists', and chiropractors' offices, and physical therapy
facilities.
Manager. The owner, lessee, or other person in charge
of a public place.
Public place.
(1) Any enclosed indoor area that is used by the gen-
eral public, except hotel and motel guest rooms and
areas restricted to use only by employees or man-
agement of a private business; and
(2) Any swimming pool owned or operated by the city,
including the entire area within the pool enclo-
sure. A private residence shall not be considered a
public place for purposes of this section unless it is
used as a health care or licensed child care facility.
Smoking. Holding a lighted pipe, cigar, or cigarette of
any kind, or lighting, or emitting or exhaling the smoke
of, a pipe, cigar, or cigarette of any kind.
(B) Restrictions on smoking in public places essential
to members of the public. No person shall smoke in the
following public places:
(1) Health care facilities, except in private or semi-
private rooms occupied by one or more patients all
of whom are smokers who have requested to be
placed in rooms where smoking is permitted;
(2) Licensed child
care facilities,
except in
areas in
which children
being cared for
are never
present;
(3) Polling places;
(4) Courtrooms and jury waiting and deliberation
rooms;
(5) Rooms, halls or other places of meeting or public
assembly, duringsuch times as a public meeting is
in progress, to the extent such place is subject to
the jurisdiction of the city; provided that this sec-
tion -shalt not apply to meetings of private organ-
.nations;
Supp. No. 4
,j '4
a� • •
Health and Sanitation . 22A
• (7) Public transportation terminals; (6) Restaurants in business on the date of enactment
of this section, whether under the same or new
(8) Buses, taxis, and airport limousines operating management, if the seating capacity is 30 or less.
within the city limits;
(E) Duties of managers of public places.
(9) Elevators accessible to the public;
(10) Restrooms, except in facilities listed in subsection
(D) of this section; and
(11) Swimming pools owned or operated by the city.
(C) Restrictions on smoking in certain other public
places. No person shall smoke in the following public
places, except in designated smoking areas:
(1) Facilities primarily used for exhibiting any motion
picture, lecture, musical recital, stage or other sim-
ilar performance, except when smoking is part of a
stage production;
(2) Enclosed walkways in malls and shopping centers;
(3) Hotels and motels;
(4) Museums and galleries;
• (5) Bank and retail stores doing business with the gen-
eral public, except for retail stores whose primary
source of revenue is the sale of tobacco and tobacco -
related products;
(6) Restaurants in business on the date of enactment
of this section, whether under the same or new
management, if the seating capacity is 30 or less
and the management posts a conspicuous notice on
each public entrance stating that smoking is per-
mitted throughout the restaurant; and
(7) Health spas, roller rinks, bowling alleys, and other
indoor sports or recreation facilities, except for pool
halls.
(D) The provisions of this section shall not apply to the
following facilities, provided that the facility posts a con-
spicuous notice on each public entrance stating that
smoking is permitted throughout the facility:
(1) The manager of public place to which this section
applies shall make one of the following three des-
ignations. The manager may designate:
(a) The entire public place as a nonsmoking fa-
cility; or
(b) Separate areas of the public place as a desig-
nated smoking and nonsmoking, if permitted
by subsection (C) of this section; or
(c) The entire public place as a smoking -permitted
facility, if permitted by subsection (D) of this
section.
(2) The manager of a public place, if the entire public
place has been designated a smoking permitted fa-
cility, shall post a conspicuous notice on each public
entrance stating that smoking is permitted
throughout the facility.
(3) The manager of a public place in which smoking is
prohibited or restricted shall place conspicuous
signs at each public entrance up to a maximum of
six entrances, and at appropriate places within the
public place, notifying the public that:
(a) Smoking is prohibited, or
(b) That smoking is prohibited except within des-
ignated smoking areas, or
(c) That smoking is permitted except within des-
ignated nonsmoking areas.
(4) The manager of a public place in which a smoking
and nonsmoking area has been designated shall
comply with the requirements of this section for
siting of the designated smoking and nonsmoking
areas.
(5) The manager of a public place in which smoking is
(1) Bars, and separated bar areas of restaurants; prohibited or restricted shall not knowingly permit,
or fail to make reasonable efforts to prevent,
(2) Beauty salons and barber shops; smoking in any area where smoking is prohibited.
The manager may fulfill this duty by asking
(3) Retail stores whose primary source of revenue is smokers to refrain from smoking in a nonsmoking
the sale of tobacco and tobacco -related products; area or directing smokers to designated smoking
• areas.
(4) Gasoline stations and convenience stores;
(6) Nothing in this section shall preclude the manager
(5) Pool halls; of a public place listed in subsections (C) or (D) of
Supp. No. 4
• •
22B Fayetteville - General Regulations
this section from designating all of the facility to
be nonsmoking, or from designating part of public
place listed in subsection.(D) aaa nonsmoking area.
(F) Enforcement.
,'1,yf .: i4,i:i-t,ihr.. •t-4.','.Tzftl,
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(3) City officials responsible foI.iasuing building per-
mits and certificates of occupancy for facilities sub-
ject to this section shall consider applicants' com-
pliance with, or agreement to comply with
subsection (E)(4) as a factor in deciding whether to
issue the permit.
(G) Relation to other laws and regulations.
Nothing. in this section excuses noncompliance with any
state or federal law, or any rule or regulation adopted
pursuant thereto (including any rule adopted for the Uni-
versity of Arkansas or for the public schools), which pro-
hibits or regulates smoking.
(Ord. No. 3584, 12-17-91)
§ 95.99 Penalty.
(A) Any person failing to comply with an order as de.
scribed by § 95.01 shall, upon conviction, be punishedby a
fine of not less than $10.00 nor morethan $100.00.
(Code 1965, § 11.1; Ord. No. 1303, 5-28-62; Ord. No. 1721,
12.15.69)
(B) Whoever violates $ 95.04 shall be punished by a
fine of not more than $500.00 or double that sum for each
repetition of such offense, or violation;, provided, no pen-
alty. shall be greater or less than the penalty provided for
the same or a similar offense under the laws of the state.
The. penalty for allowing the continuation thereof shall
not exceed $250.00 for each day that the same is unlaw-
fully continued.
(Code 1965-, § 1.5; Ord.. No: 2128, 7.1575)
nJ
•
Supp. No. 4
KIT WILLIAMS, CITY ATTORNEY
DAVID WHITAKER, ASST. CITY ATTORNEY
DEPARTMENTAL CORRESPONDENCE
TO: Dan Coody, Mayor
City Council
FROM: Kit Williams, City Attomey:(' r -
DATE: August 1, 2003
RE: Smoking Ordinance — Exemption of private clubs
LEGAL DEPARTMENT
Alderman Thiel asked that I draft an exemption for nonprofit private
clubs from the smoking ordinance. Since all "private clubs" are "nonprofit
corporations" pursuant Arkansas Statutes allowing them to hold liquor
permits, I used a "Fraternal Organization" definition from an Austin Ordinance
for the exemption language in order to try to exempt the organizations such as
the Elks, American Legion, etc. that Alderman Thiel was seeking to exempt
without exempting all "private clubs" in Fayetteville.
Arkansas defines "private club" for alcohol permit purposes as follows:
"'Private club' means a nonprofit corporation
organized and existing under the laws of this
state, no part of the net revenues of which shall
inure directly or indirectly to the benefit of any
of its members or any other individual, except
for the payment of bona fide expenses of the
club's operations, conducted for some common
recreational, social, patriotic, political, national,
benevolent, athletic, or other nonprofit object
or purpose other than the consumption of alcoholic
beverages." 4C.4. .4. 3-'- Zo-t c w) .
VCE NO.
AN END §95.05 REGULATION OF
SMO � " UBLIC PLACES OF THE CODE
OF F. ..1 ENACT A REPLACEMENT §95.05
REGI _ ,.. of SMOKING IN MOST PUBLIC PLACES AND
PLACES OF EMPLOYMENT IN ORDER TO REMOVE EXEMPTIONS
FOR BARS, POOL HALLS, SMALL RESTAURANTS, BEAUTY
SALONS, BARBER SHOPS AND DESIGNATED SMOKING AREAS
IN ENCLOSED PUBLIC ACCESS AREAS IN RESTAURANTS,
THEATERS,. ROLLER RINKS, BOWLING ALLEYS, AND
RETAIL STORES, ETC.
WHEREAS, Ordinance No. 3584 enacted on December 17, 1991, regulated
smoking in numerous public places, but permitted designated smoking areas in
restaurants, theaters, museums, galleries, malls, hotels, motels, banks, retail stores, health
spas, roller rinks, bowling alleys, etc.; and
WHEREAS, Ordinance No. 3584 codified as §95.05 Regulation of smoking in
certain public places did not apply to bars, separated bars in restaurants, beauty salons,
barber shops, convenience stores, pool halls and small restaurants nor many places of
employment; and
WHEREAS, scientific studies have proven that second hand tobacco smoke is a
recognized carcinogen and is otherwise dangerous and causes diseases in the health of
nonsmokers; and
WHEREAS, the United States Surgeon General has determined that separation of
smokers and nonsmokers within the same airspace does not eliminate exposure of
nonsmokers to second hand smoke; and
WHEREAS, employees who work in a smoke -filled business suffer 25%-50%
higher risk of heart attack and higher rates of death from cardiovascular disease and
cancer; and
WHEREAS, the Fayetteville City Council has determined that further restrictions
of smoking in enclosed public places and work places are needed to protect the health
and safety of citizens and to ensure the right of nonsmokers to breathe smoke free air; and
WHEREAS, economic analyses have shown no difference or a positive
economic impact after enactment of laws requiring workplaces to be smoke free; and
WHEREAS, numerous studies have found that tobacco smoke is a major
contributor to indoor air pollution, and that breathing secondhand smoke is a cause of
disease in healthy nonsmokers, including heart disease, stroke, respiratory disease, and
lung cancer. The National Cancer Institute determined in 1999 that secondhand smoke is
responsible for the early deaths of up to 65,000 Americans annually; and
WHEREAS, secondhand smoke is particularly hazardous to elderly people,
individuals with cardiovascular disease, and individuals with impaired respiratory
function, including asthmatics and those with obstructive airway disease. Children
exposed to secondhand smoke have an increased risk of asthma, respiratory infections,
sudden infant death syndrome, developmental abnormalities, and cancer; and
WHEREAS, The Americans With Disabilities Act, which requires that disabled
persons have access to public places and workplaces, deems impaired respirator function
to be a disability.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF FAYETTEVILLE, ARKANSAS:
Section 1. That the City Council of the City of Fayetteville, Arkansas hereby
repeals §95.05 Regulation of smoking in certain public places of the Fayetteville
Code, in its entirety and enacts the following new §95.05 Regulation of smoking in
most public places of the Fayetteville Code to replace it:
"Sec. 95.05. Regulation of smoking In most
public places.
(A) Definitions. For the purpose of this chapter,
the following definitions shall apply unless
the context clearly indicates or requires a
different meaning.
Bar. An establishment that is devoted
primarily to the sale and service of alcoholic
beverages for on -premises consumption and
where the service of food, if any, is incidental to
the consumption of such beverages.
Restaurant. An eating establishment,
including but not limited to dining establishments,
coffee shops, cafeterias, sandwich shops, private
and public cafeterias, which gives or offers for
sale food to the public, guests, or employees, as
well as non-residential kitchens and catering
facilities in which food Is prepared on the
premises for serving elsewhere. The term
'restaurant shall include a bar area within the
restaurant.
Enclosed area. All space partially enclosed
between a floor and ceiling that is enclosed on all
sides by solid walls or windows (exclusive of
doorways), which extend from the floor to the
ceiling.
Fraternal Organization. A non-profit
organization that:
(a) Is chartered by a national organization
which has been in continual existence since
1990;
(b) is tax exempt under §501 (c)(8), (10) or
(19) of the Internal Revenue Code;
(c) operates under a lodge system with a
representative form of government; and
(d) is organized for the exclusive benefit of
the members of the organization and their
dependents.
Health care facilities. All enclosed indoor
areas in which health care is provided to the
general public (other than areas to which
smoking policy is already established by state
law, A.C.A. §§20-27-701 through 20-27-703),
including nursing and convalescent homes,
optometrists', podiatrists', and chiropractors'
offices, and physical therapy facilities.
Manager. The owner, lessee, or other
person in charge of a public place.
Place of employment. An area under the
control of a public or private employer that
employees normally frequent during the course of
employment, including, but not limited to, work
areas, employee lounges, restrooms, conference
rooms, meeting rooms, classrooms, employee
cafeterias, hallways, and vehicles. A private
residence is not a "place of employment unless it
is used as a child care, adult day care, or health
care facility.
U
Public place.
(1) Any enclosed indoor area that is used
by the general public, except hotel and
motel guest rooms and areas restricted
to use only by employees or
management of a private business; and
(2) Any swimming pool owned or operated
by the city, including the entire area
within the pool enclosure. A private
residence shall not be considered a
public place for purposes of this section
unless it is used as a health care or
licensed child care facility.
Retail Tobacco Store. A retail store utilized
primarily for the sale of tobacco products and
accessories and in which the sale of other
products is merely incidental.
Smoking. Holding a lighted pipe, cigar, or
cigarette of any kind, or lighting, or emitting or
exhaling the smoke of, a pipe, cigar, or cigarette
of any kind.
Sports arenas. Means sports pavilions,
stadiums, gymnasiums, health spas, boxing
arenas, swimming pools, roller and Ice rinks,
bowling alleys and other similar places where
members of the general public assemble to
engage in physical exercise, participate in athletic
competition or witness sports or other events.
(B) Restrictions on smoking in public places
essential to members of the public. No
person shall smoke in the following public
places:
(1) Health care facilities.
(2) Within the physical confines of licensed
child care facilities. (As defined in A.C.A.
§20-78-217)
(3) Polling places;
(4) Courtrooms and jury waiting and
deliberation rooms;
(5) Rooms, halls or other places of meeting
or public assembly, during such times
as a public meeting is in progress, to the
extent such place is subject to the
jurisdiction of the city; provided that this
section shall not apply to meetings of
private organizations;
(6) Drug stores, grocery stores, banks,
libraries, and laundromats;
(7) Public transportation terminals;
(8) Buses, taxis, and airport limousines
operating within the city limits;
(9) Elevators accessible to the public;
(10) Restrooms; and
(11) Swimming pools owned or operated by
the city.
(C) Restrictions on smoking in certain other
public places. No person shall smoke in the
following enclosed public places and places
of employment or work places:
(1) Facilities primarily used for exhibiting
any motion picture, lecture, musical
recital, stage or other similar
performance, except when smoking is
part of a stage production;
(2) Enclosed walkways in malls and
shopping centers;
(3) Hotels and motels, except hotel and
motel rooms that are rented to guests
and are designated as smoking rooms.
(4) Museums and galleries;
(5) Bank and retail stores doing business
with the general public, except for retail
tobacco stores whose primary source of
revenue is the sale of tobacco and
tobacco -related products;
(6)
Restaurants, cafeterias, cafes, coffee
shops, etc.
(7)
Health spas, roller
rinks, bowling alleys,
and other indoor
sports or recreation
facilities, including
pool halls;
(8)
Bars, taverns,
nightclubs, cocktail
lounges, cabarets,
etc.
(9)
Beauty salons and
barber shops;
(10) Convenience stores.
(11) An outside area within a reasonable
distance of fifteen (15) feet from a main
entrance to an enclosed area in which
smoking is prohibited.
(12) Enclosed places of employment and
work places if a nonsmoking employee
is present or regularly enters or uses
that portion of an enclosed place of
employment or work place.
(13) Business vehicles with at least one
nonsmoker as an occupant.
(D) The provisions of this section shall not apply
to Retail tobacco stores whose primary
source of revenue is the sale of tobacco and
tobacco -related products, nor to private
clubs of non-profit fraternal organizations.
(E) Duties of managers of public places.
(1) The manager of a public place in which
smoking is prohibited or restricted shall
place conspicuous signs at each public
entrance up to a maximum of six
entrances, and at appropriate places
within the public place, notifying the
public that Smoking is prohibited.
(2) The manager of a public place in which
smoking is prohibited or restricted shall
not knowingly permit, or fall to make
reasonable efforts to prevent, smoking
in any area where smoking is prohibited.
(F) Enforcement.
(1)
This section
shall be
enforced
by the
Mayor or an
authorized
designee.
(2) Any citizen who desires to register a
complaint under this section may initiate
enforcement with the Mayor's office.
(3) An owner, manager, operator or
employee of an establishment regulated
by this section shall inform persons
violating this section of the appropriate
provisions thereof.
(4) A person who smokes in an area where
smoking is prohibited by provisions of
this section shall be guilty of a violation
punishable by a fine not exceeding fifty
dollars ($50.00).
(5) A person who owns, manages,
operates, or otherwise controls a public
place or place of employment and who
fails to comply with the provisions of this
Section shall be guilty of a violation,
punishable by:
(a) A fine not exceeding one hundred
dollars ($100.00) for a first
violation;
(b) A fine not exceeding two hundred
dollars ($200) for a second
violation within one (1) year;
(c) A fine not exceeding five hundred
dollars ($500) for each additional
violation within one (1) year.
(6) In addition to the fines established
by this Section, multiple violation of
this Section by a person who owns,
manages, operates or otherwise
controls a public place or place of
employment may result in the
suspension or revocation of any permit
or license issued to the person for the
premises on which the violation
occurred.
(7) Each day on which a violation of this
Section occurs shall be considered a
separate and distinct violation.
(G) Relation to other laws and regulations.
Nothing in this . section excuses
noncompliance with any state or federal law, or
any rule or regulation adopted pursuant thereto
(including any rule adopted for the University of
Arkansas or for the public schools), which
prohibits or regulates smoking.
(H) Jurisdiction.
This section is not applicable nor enforceable
in federal, state or county buildings including all
facilities owned or operated by the University of
Arkansas.
(Ord. No. 3584, 12-17-91)
PASSED and APPROVED this the 15th day of July, 2003.
ATTEST:
By:
Sondra Smith, City Clerk
APPR0V
By:
DAN COODY, Mayor
3-9-202 ALCOHOLIC BEVERAGES 626
persons, where meals are regularly served to such guests, such sleeping
accommodations and dining room being conducted in the same building
or in separate buildings or structures used in connection therewith that
are on the same premises and are. a. part of the hotel operation;
(10).. 'Private club" means a nonprofit corporation organized and
existing under the laws of this state, no part of the net revenues of
which shall inure directly or indirectly to the benefit of. any of its
members or any other individual, except for the payment of bona fide
expenses of the club's operations, conducted for some common recre-
ational, social, .patriotic,. political, national, benevolent, athletic, or
other nonprofit object or purpose otherS than the consumption of
alcoholic beverages. The nonprofit corporation shall have been in
existence for a period of not less than one (1) year before application for
a permit, as hereinafter prescribed. At the time of application for the
permit, the nonprofit corporation must have not less than•, one hundred
(100) members regularly; paying annual duesof not .less than five
dollars ($5.00),per member, and,.at the time of application, must own or
lease, or:be the•: holder of a buy -sell agreement,or offer and acceptance,
or.havean:option to lease a'buildmg, property, or space therein for the
lireasonable comfort and accommodation of its ,members and .their
families : and. guests, and restrict. -the use. of club facilities to such
persons;
(11) . "Referendum election" means. an election held as provided in
this subchapter, at..which the electors of.a city or county shall vote on
the question of authorizing, as provided herein, the sale of alcoholic
beverages for on -premises. consumption in those areas of the city or
county in which the lawful sale of alcoholic beverages has not been
prohibited by a localoption election held pursuant to the_. Initiated Act;
and
(12) "Person" means any natural person, partnership, association, or
corporation.
History. Acts 1969, No. 132, § 2; 1985,
No. 384,§.1; A:S.AA947; §: 48-1402; Acts
1989;,No. 295,1 3; 1989,..No..837, § 1;.
1989, No. 953, , § 1; 1993, No.. 403, § 2;
1995, No: 536, § : 2; 1995, No. 600, §. 1.,
'A:C.R C: Notes. Since the 1989 amend-
ments'to present subdivision (8XA)'of this
section were substantively the same and
varied only 1iu. style, the subdivision as
amended by Acts 1989, No. 837, § l .has
been. set out:
Amendments. The 1993 amendment
substituted "corporation" for "organiza-
tion" in (10)..
The 1995, amendment by No. 536 in-
serted "or be the holder of a buy -sell
agreement or offer and acceptance" in the
last sentence in (10).
The 1995 amendment by No. 600 added
(8XBXv).
CASE NOTES
Aiwxsis Foreign Wines.
Foreign wines are included within the
Foreign wines. meaning of "alcoholic beverages" as stated
Private clubs. in subdivision (3).of this section since it is
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I
FAYETTEVILLE
THE CITY OF FAYETTEVILLE, ARKANSAS
KIT WILLIAMS, CITY ATTORNEY
DAVID WHITAKER, ASST. CITY ATTORNEY
DEPARTMENTAL CORRESPONDEN
TO: Dan Coody, Mayor
City Council
FROM: Kit Williams, City Attorney
DATE: August 7, 2003
RE: Amended Revision of Smoking Ordinance
LEGAL DEPARTMENT
Attached please find the currently proposed Smoking Ordinance as
amended Tuesday night. PLEASE DISCARD ALL EARLIER PROPOSED
REVISIONS SO EVERYONE WILL BE WORKING OFF THE SAME (AS
AMENDED) PROPOSAL. Any changes, revisions, or amendments will be of
this version.
AREAS OF POSSIBLE REVISIONS
I. Enforcement
Subsection (F) deals with the enforcement of this ordinance. By state
statute, the mayor has overall responsibility to enforce all city ordinances.
{A.C.A. §14-43-504(a)} Mayors obviously comply with this duty not by
personally patrolling their cities, but by exercising their authority over the city's
police forces, inspectors, code enforcement officers, etc. The City Council is
expressly given the right to impose "fines, forfeitures and penalties on any person
offending against or violating (ordinances)." A.C.A. § 14-55-601N
Both our current smoking ordinance and the proposed replacement
ordinance follow state law by stating the mayor or his designated officers shall
0
•
K,
be responsible to enforce the ordinance. The biggest weakness in the current
•ordinance is the lack of clear requirement about how non-smoking areas in
restaurants (and many other establishments) would have to be separated from
smoking areas. The current law basically grandfathered in all existing businesses
and specifically stated that "no new physical barriers or ventilation systems need
be installed .... " This has meant that non-smoking areas could be subject to
secondhand smoke from the next table.
The newly proposed ordinance has deleted all "smoking areas" within
restaurants, theaters, lecture halls, banks, retail stores, bowling alleys, roller rinks,
pool halls, gyms, etc. Therefore, the previous perceived problems of enforcement
in that area are removed from the pending ordinance.
In response to your requests, the City will be presenting a business license
program that will cover at least: (1) Hotel, Motel and Restaurant Tax payers and
(2) itinerant merchants. These are the most important areas of concern to ensure
established, law-abiding Fayetteville restaurants and merchants do not face unfair
competition from restaurants, caterers, and itinerant merchants which may fail to
collect and pay City sales tax and appropriate HMR taxes. As a part of these
business licenses, the City should require compliance with all city ordinances
•(including any smoking ordinance). Therefore, I believe the upcoming business
license program will ensure that enforcement of city ordinances will not be a
problem in hotels, restaurants, and other covered establishments.
II. DEFINITION OF BAR
The current definition of "bar" is basically identical to what is proposed in
the new ordinance. Because the new ordinance prohibits all smoking in
"restaurants" while the current ordinance does not, differentiating between a
"bar" and a "restaurant" has become much more important in the proposed
ordinance.
The definition of a "restaurant" in the new ordinance specifically includes
"a bar area within the restaurant." My understanding of that proposed definition
means that only stand-alone bars are exempted. The many bars (or bar areas)
within restaurants (Jose's, Brew Pub, Common Grounds, Big Daddy's, Cafe
Santa Fe, Fuzzy's, etc. etc.) would all be required to be "smoke
• 2
S Opt.) f3UG u1T.5, Zvo 3
• ORDINANCE NO.
AN ORDINANCE TO AMEND §95.05 REGULATION OF
SMOKING IN CERTAIN PUBLIC PLACES OF THE CODE
OF FAYETTEVILLE AND TO ENACT A REPLACEMENT §95.05
REGULATION OF SMOKING IN MOST PUBLIC PLACES AND
PLACES OF EMPLOYMENT IN ORDER TO REMOVE EXEMPTIONS
FOR POOL HALLS, SMALL RESTAURANTS, BEAUTY
SALONS, BARBER SHOPS AND DESIGNATED SMOKING AREAS
IN ENCLOSED PUBLIC ACCESS AREAS IN RESTAURANTS,
THEATERS, ROLLER RINKS, BOWLING ALLEYS, AND
RETAIL STORES, ETC.
WHEREAS, Ordinance No. 3584 enacted on December 17, 1991, regulated
smoking in numerous public places, but permitted designated smoking areas in
restaurants, theaters, museums, galleries, malls, hotels, motels, banks, retail stores, health
spas, roller rinks, bowling alleys, etc.; and
WHEREAS, Ordinance No. 3584 codified as §95.05 Regulation of smoking in
certain public places did not apply to separated bars in restaurants, beauty salons, barber
• shops, convenience stores, pool halls and small restaurants nor many places of
employment; and
WHEREAS, scientific studies have proven that second hand tobacco smoke is a
recognized carcinogen and is otherwise dangerous and causes diseases in the health of
nonsmokers; and
WHEREAS, the United States Surgeon General has determined that separation of
smokers and nonsmokers within the same airspace does not eliminate exposure of
nonsmokers to second hand smoke; and
WHEREAS, employees who work in a smoke -filled business suffer 25%-50%
higher risk of heart attack and higher rates of death from cardiovascular disease and
cancer; and
WHEREAS, the Fayetteville City Council has determined that further restrictions
of smoking in enclosed public places and work places are needed to protect the health
and safety of citizens and to ensure the right of nonsmokers to breathe smoke free air; and
WHEREAS, economic analyses have shown no difference or a positive
economic impact after enactment of laws requiring workplaces to be smoke free; and
WHEREAS,
numerous studies
have found that tobacco smoke is
a major
. contributor to indoor
air pollution, and
that breathing secondhand smoke
is a cause of
free." Some of these or other establishments might reorganize their business
structure, obtain new alcohol permits, and do whatever else that might be
necessary to establish their "bar area within a restaurant" as a self contained (and
exempt) "bar" for purposes of our ordinance. If a new corporation (separate from
the existing corporation that owned/operated the restaurant) began operating a
"bar" where the former "bar area within the restaurant" existed, would that "bar"
now be exempted? Would the City have any enforcement powers to ensure
smoke from that "bar" did not commingle with the non-smoking restaurant air?
I believe the City Council needs to face squarely the issue of bar areas in
restaurants. Some of your options are:
(1) Keep current definition which prohibits smoking in all such bar
areas;
(2) Strengthen definition of "bar" to require separate building so
that a smoking bar could not share part of a building with a smoking
prohibited activity (restaurant);
(3) Allow a "bar" that is within an "enclosed area" and that has a
separate ventilation system to ensure its air is not commingled with any
non-smoking area to be smoking "bar" even if it shares a building with a
restaurant;
(4) Allow a "bar area" within a restaurant to become a smoking
area after a certain time at night (and after close of the kitchen or restaurant
area).
III. REFERRAL TO VOTERS
There has been some discussion of possibly referring the final ordinance to
the voters for their approval or rejection. To do so would require five affirmative
votes. Because of Senate Bill 618 by Senator Madison which is now law (Act
1441 of 2003), we would have little choice when to schedule the special election
for an ordinance referred to the voters. Assuming you passed such an ordinance
on September 2, 2003, the only legal date would be Veteran's Day, November 11,
2003, a legal holiday. If the ordinance was passed on September 16a', then the
special election could be either November 11`s or December 9`h•
disease in healthy nonsmokers, including heart disease, stroke, respiratory disease, and
lung cancer. The National Cancer Institute determined in 1999 that secondhand smoke is
responsible for the early deaths of up to 65,000 Americans annually; and
WHEREAS, secondhand smoke is particularly hazardous to elderly people,
individuals with cardiovascular disease, and individuals with impaired respiratory
function, including asthmatics and those with obstructive airway disease. Children
exposed to secondhand smoke have an increased risk of asthma, respiratory infections,
sudden infant death syndrome, developmental abnormalities, and cancer; and
WHEREAS, The Americans With Disabilities Act, which requires that disabled
persons have access to public places and workplaces, deems impaired respirator function
to be a disability.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF FAYETTEVILLE, ARKANSAS: -
Section 1. That the City Council of the City of Fayetteville, Arkansashereby
repeals §95.05 Regulation of smoking in certain public places of the Fayetteville
Code, in its entirety and enacts the following new §95.05 Regulation of smoking in
most public places and places of employment of the Fayetteville Code to replace it:
"Sec.
95.05.
Regulation
of smoking in most
public
places.
(A) Definitions. For the purpose of this chapter,
the following definitions shall apply unless
the context clearly indicates or requires a
different meaning.
Bar. An establishment, whether termed a
private club or public establishment, that is
devoted primarily to the sale and service of
alcoholic beverages for on -premises
consumption and where the service of food, if
any, is incidental to the consumption of such
beverages.
Restaurant. An eating establishment,
including but not limited to dining establishments,
private clubs, coffee shops, cafeterias, sandwich
shops, private and public cafeterias, which gives
or offers for sale food to the public, guests, or
employees, as well as non-residential kitchens
and catering facilities in which food is prepared
on the premises for serving elsewhere. The term
"restaurant" shall include a bar area within the
restaurant.
Enclosed area. All space partially enclosed
between a floor and ceiling that is enclosed on all
sides by solid walls or windows (exclusive of
doorways), which extend from the floor to the
ceiling.
Health care facilities. All enclosed indoor
areas in which health care is provided to the
general public (other than areas to which
smoking policy is already established by state
law, A.C.A. §§20-27-701 through 20-27-703),
including nursing and convalescent homes,
optometrists', podiatrists', and chiropractors'
offices, and physical therapy facilities.
Manager. The owner, lessee, or other
person in charge of a public place.
Place of employment. An area under the
control of a public or private employer that
employees normally frequent during the course of
employment, including, but not limited to, work
areas, employee lounges, restrooms, conference
rooms, meeting rooms, classrooms, employee
cafeterias, hallways, and vehicles. A private
residence is not a "place of employment" unless it
is used as a child care, adult day care, or health
care facility. A "bar" and a "retail tobacco store"
are not places of employment for purposes of this
section.
Public place.
(1) Any enclosed indoor area that is used
by the general public, except hotel and
motel guest rooms and areas restricted
to use only by employees or
management of a private business; and
[1
0
. (2) Any swimming pool owned or operated (11) Swimming pools owned or operated by
by the city, including the entire area the city.
within the pool enclosure. A private
residence shall not be considered a (C) Restrictions on smoking in certain other
public place for purposes of this section public places. No person shall smoke in the
unless it is used as a health care or following enclosed public places and places
licensed child care facility, of employment or work places:
Retail Tobacco Store. A retail store utilized (1) Facilities primarily used for exhibiting
primarily for the sale of tobacco products and any motion picture, lecture, musical
accessories and in which the sale of other recital, stage or other similar
products is merely incidental, performance, except when smoking is
part of a stage production;
Smoking. Holding a lighted pipe, cigar, or
cigarette of any kind, or lighting, or emitting or (2) Enclosed walkways in malls and
exhaling the smoke of, a pipe, cigar, or cigarette shopping centers;
of any kind.
(3) Hotels and motels, except hotel and
Sports arenas. Means sports pavilions, motel rooms that are rented to guests
stadiums, gymnasiums, health spas, boxing and are designated as smoking rooms.
arenas, swimming pools, roller and ice rinks,
bowling alleys and other similar places where (4) Museums and galleries;
members of the general public assemble to
engage in physical exercise, participate in athletic (5) Bank and retail stores doing business
competition or witness sports or other events, with the general public, except for retail
tobacco stores whose primary source of
(B) Restrictions on smoking in public places revenue is the sale of tobacco and
essential to members of the public. No tobacco -related products;
person shall smoke in the following public
places: (6) Restaurants, cafeterias, cafes, coffee
shops, etc.
(1) Health care facilities.
(7) Health spas, roller rinks, bowling alleys,
(2) Within the physical confines of licensed and other indoor sports or recreation
child care facilities. (As defined in A.C.A. facilities, including pool halls;
§20-78-217)
(8) Beauty salons and barber shops;
(3) Polling places;
(9) Convenience stores.
(4) Courtrooms and jury waiting and
deliberation rooms; (10) Enclosed places of employment and
work places if a nonsmoking employee
(5) Rooms, halls or other places of meeting is present or regularly enters or uses
or public assembly, during such times that portion of an enclosed place of
as a public meeting is in progress, to the employment or work place.
extent such place is subject to the
jurisdiction of the city; provided that this (11) City owned or leased vehicles.
section shall not apply to meetings of
private organizations; (D) Exemptions.
(6) Drug stores, grocery stores, banks, The provisions of this section shall not
libraries, and laundromats; apply to "retail tobacco store" whose
primary source of revenue is the sale of
(7) Public transportation terminals; tobacco and tobacco -related products, nor to
a "bar" as defined in this section. "Bars" that
(8) Buses, taxis, and airport limousines offer recreation such as pool tables remain
operating within the city limits; exempt "bars", while pool halls that are not
within a bar are not exempt from the no
(9) Elevators accessible to the public; smoking regulation.
(10) Restrooms; and
(E) Duties of managers of public places.
(1) The manager of a public place in which
smoking is prohibited or restricted shall
place conspicuous signs at each public
entrance up to a maximum of six
entrances, and at appropriate places
within the public place, notifying the
public that Smoking is prohibited.
(2) The manager of a public place in which
smoking is prohibited or restricted shall
not knowingly permit, or fail to make
reasonable efforts to prevent, smoking
in any area where smoking is prohibited.
(F) Enforcement.
(1) This section shall be enforced by the
Mayor or an authorized designee.
(2) Any citizen who desires to register a
complaint under this section may initiate
enforcement with the Mayor's office.
(3) An owner, manager, operator or
employee of an establishment regulated
by this section shall inform persons
violating this section of the appropriate
provisions thereof.
(4) A person who smokes in an area where
smoking is prohibited by provisions of
this section shall be guilty of a violation
punishable by a fine not exceeding fifty
dollars ($50.00).
(5) A person who owns, manages,
operates, or otherwise controls a public
place or place of employment and who
fails to comply with the provisions of this
Section shall be guilty of a violation,
punishable by:
(a) A fine not exceeding one hundred
dollars ($100.00) for a first
violation;
(b) A fine not exceeding two hundred
dollars ($200) for a second
violation within one (1) year;
(c) A fine not exceeding five hundred
dollars ($500) for each additional
violation within one (1) year.
(6) In addition to the fines established
by this Section, multiple violation of
this Section by a person who owns,
manages, operates or otherwise
controls a public place or place of
employment may result in the
suspension or revocation of any permit
or license issued to the person for the
premises on which the violation
occurred.
(7) Each day on which a violation of this
Section occurs shall be considered a
separate and distinct violation.
(G) Relation to other laws and regulations.
Nothing in this section excuses
noncompliance with any state or federal law, or
any rule or regulation adopted pursuant thereto
(including any rule adopted for the University of
Arkansas or for the public schools), which
prohibits or regulates smoking.
(H) Jurisdiction.
This section is not applicable nor enforceable
in federal, state or county buildings including all
facilities owned or operated by the University of
Arkansas.
(Ord. No. 3584, 12-17-91)
(I) Effective date.
This ordinance shall take effect on February
1, 2004.
PASSED and APPROVED this the 2nd day of September, 2003.
APPROVED:
By:
DAN COOD r
ATTEST:
By:
Sondra Smith, City Clerk
S
9
S
FAYETTEV?LLE
THE CITY OF FAYETTEVILLE, ARKANSAS
DEPARTMENTAL CORRESPONDENCE
TO: Alderman Marr
Alderman Lucas
FROM: Sondra Smith
City Clerk
DATE: 09/04/03
SUBJECT: Amended Smoking Ordinance
Attached is a signed copy of Ordinance No. 4512. I am returning a copy to you because you were
the sponsors of the ordinance.
The original ordinance will be microfilmed and filed with the City Clerk.
Thanks!
Sondra Smith
City Clerk
cc: Nancy Smith, Internal Auditor
•
t td tv"a r s%a ') IU(.jI
AFFIDAVIT OF PUBLICATION
I, do solemnly swear that I am
Leg I Clerk of the Arkansas Democrat-Gazette/Northwest Arkansas
Times newspaper, printed and published in Lowell, Arkansas, and that
from myown personal knowledge and reference to the files of said
publication, that advertisement of:
Y4 3 71 i Y��� was inserted in the regular editions on
** Publication Charge: $ cQi9. O
Subscribed and sworn to, before me this
1 731A day of 5€p l-ek,k4 "C , 2003.
Notary Public
My Commission Expires: 07 .SA O/
" Please do not pay from Affidavit.
An invoice will be sent.
eal
L ARGOrkansasCOUNTY[Wj
res 07.25.20, 3
212 NORTH EAST AVENUE • P.O. BOX 1607 • FAYETTEVII IE, ARKANSAS 72702 • (501) 442-1700
flWlNANCB NO. 4512
AN ORDINANCE TO AMEND §95.05 �OO �TN/N
OF BMOIUNO IM CERTAIN PUBLIC Placis
OF
THE CODE
OF yE EVRLE AND TO ENACT A
RFPLACEM AOLATION OP
EMPLOYMENT Nosy LI6 PLACES AND PLACESOOPWHg
_ the Fayett City CO(SICil has date n* Cft of FaYettevllie
nptt"tc nonw`aiplaces aid
w t se nee places areeded inane �hean" athat wn° safetyof n«s asr'atIn anrbsee
w«ea as
goers at o ensure the
Pal ion, and that breath g�s�p smbird oke
tobacco smoke Is a major on ndud
heart disease, stroka, respirat di ar e y amuse of tlisaase in heel Ir ibuto to indoor sr
1999 that secondhe«l smokes y disease
for he a«N deaths ofo�Doreen Irsn tjtuteCel i«mnetl h
arid
WXBNBABr sec ser smoke Is part up to 85,000 Arnedcars annualy;
thtoses ter with
disease, and indMtluals with hozardous to ncterry peoP"e, astypat
of asthrs, raspt ct� �y disease. CNldna e respiratory to function. Ike have Increased
tks and
career. °�' infections, laden infant deaths ec«ahend smoke have an Increased risk
�TTBWLLB qq 45gg 8 ORDaj 5 FBY TXB CRY CONNCD. OP Till CT' OF
• Srjjjcj That the smotbig hi N Catncl a the G a/ess"to
the Fnew §95.05 b ptabof uoM rrB f m the F tteNYe Gatle is ectlrety enacts follo�veot
eyenavll Codeoto replace Mt PrbIW P4eee iM n9
does , 4tdirates or � O«mss o smoking
apt . aglpub lie igaay4 deplace
Pne Pbea of�impbYmMrt
Bar An estabeis"memtet vat spar mespp. s a app y trials the context
to the say termed a prhato pup «pudic astablshment. that is devoted
ood, d am, k olden el to thewdconsa beverages au pn-p � ponsunWtlon and where Pmice 04
Restaurant An eenrg esI urrWtbn of such the
SeMCe o'
notl cafeterias. S t. aehntlbg. bra not limited to dfiitg
food to the pt, guesa « mss• Pdrsa and ate. Prase pubs,
wee food M repsura on the p serving elsaMargb> as wb asrecThe aentlel facts chidurancatering
I�nclWe a pa
area wfoon the restaurant.
Endosed
wag area. All space pafllaily enclosed between a floor and cdUng
ganaaFnertt lessee. or o« °� p�orl charor wind Of doQfl,iy) whichge al 9a "°n' the floor Itoo vid celing
on m Sides by
Nssger. The Is cnm Public pars.
'lace> , resiroomst mnference r pnFnent r�iq d�ufg. f a putt °rl tmup add t that empoyugs
and
health Care fadlity A "bar arid e.resaerae y rate • ace of employm�an nl ss it seed es a thUd empoyge'ce of tear ye
URWoyee y not er Prhato officetaj r that�y rearm• we not entered
t amply Rgn a day pupos of
4alc pWm pate a e npJo rant for Purposes of SecttCntoretl « auxrpPled by a nonsmoking
1) Any enclosed i used by the Public « private Club members arc
leslgnated hotel and motel guestthatrooms.
2) Any swimming pod ownacl« o guests, except
lets" Tobecoo SIM. A retail sore utwzetl the qty.
rmldng I °gCcessotios ha I -id of other ploddut�rnersyy ffor the dden�. tae a tobacco PmdPc(e era
peg, dcigs dgerone of any 9 Pmil bivon of Sn cigar,
n li any kind. k�. « � hthga erNnirg « eMelirg the
--
I.]--
(1) • rp® or estaglStaranW are exasr"ptp etl earn the smgdrtg «algtlm of
(2) utios Retailtobacco
Menagorcc. stores thAs ortlNsee: he marlagaj Wit. Snpkl a Fee' sOtage et yprot�entranceecard thAs ardetstpa stall sWce Na•
B manager a a pubs pace in which othts red8ppshall
paces vAWn as
o make reasonable efforts o Prevent smoking y Pmhidted or restricted snap not "mwn
orcement. rg hi any area
r Poece stay enforce this sec where arhol t9 is pron"ted N Permit
UPn _
loe«§«atornss 9iy donate «fails tottral rayscna efforts tp
an and a one «rat ours Man g1 Poyg 0. ppnbaed by my Section, me ma r 9 g br the
union wM smokes man Per dominance. Bar steel be gulry ofl
opero
0 not aPby cable nor enforceabis in federal e state «
cthe date. Dn"gsN of Arlrer�sas cdtnN t=
bWdAgs aing aft fatltlba
this the 2nd day of Sepranbs 2003
PUBLICATION
I, A ///'/'(O4lJ /, do solemnly swear that I am
Legal- Clerk of the Arkansas Democrat-Gazette/Northwest Arkansas
Times newspaper, printed and published in Lowell, Arkansas, and that
from my own personal knowledge and reference to the files of said
pub ication, that advertisement of:
g /
/X?A2nt&4Td1c 2 was inserted in the regular editions on
** Publication Charge: $ /&/c
Subscribed Subscribed and sworn to before me this
Oa day of VhccrcA , 2004.
Notary Public
My Commission Expires: 0
** Please do
not
pay
from Affidavit.
An invoice
will
be
sent.
Official Seal
SEAN -MICHAEL ARGO
Notary Public -Arkansas
WASHINGTON COUNTY
My Commission Expires 07-25.2013
RECEIVED
MAR03 3 2004
CITY OF FAYEflEV1LtE
CITY CLERKS OFFICE
4
212 NORTH EAST AVENUE • P.O. BOX 1607 • FAYETTEVILLE, ARKANSAS 72702 • (501) 442-1700
PUBLIC NOTICE
CITY OF FAYETTEVILLE, ARKANSAS
• PROCLAMATION
OFFICE OF THE MAYOR OF THE CITY OF FAYEIT'EVILLQ
ARKANSAS.
TO THE PEOPLE OP THE CITY OP FAYE1TEVILIQ
ARKANSAS. GREETINGS:
WHEREAS, a special election was held on February 10, 2004, which
subadtted the referendum on Ordinance No. 4512 to the qualified voters of
the City of Fayetteville. NO%iFe etteville • Rhe L Dan Coody, Mayor of the City of
_ virtue of the authority vented in me by law, do hereby
Y ,
pecdair the following to be theresultsof the February 10,20O4 special
) ereMnm on OMineire No. •4512 (Smoking
For Referred Ordinance No. 4512 ..................... .
Against Referred Ordbmnce No. 4512 .......................
IN WITNESS WHEREOF. I havehereumo net my hand and caused
the seal of my office to be affixed this 266 day of February. 29)&
RECEIVED
MAR 0 3 2004
CITY OF FAYETTEVILLE
CITY CLERK'S OFFICE