57-87 New chapt 523 Clean Indoor Air - repeal 521.07

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Placed ' First Reading on July 6, 1987 Placed on Second Reading on July 20, 1987 onr~,'~CE ~:o. 57-87 BY: Brown, Chinnock, Gal lagher, ..... , ,~a;rr~3n, Wendling AN ORDINANCE to supplement the General Offenses Code of the Codified Ordinances of the City of Lakewood by enacting new Chapter 523 entitled Clean Indoor Air, and repealing existing Section 521.07 of the General Offenses Code of the Codified Ordinances of the City of Lakewood. WHEREAS, the Council of the City of Lakewood finds that tobacco smoke is a major contributor to indpor air pollution; and WHEREAS, the United States Surgeon General believes there is sufficient medical evidence to support protection for against the potential harm from second-hand smoke; and the nonsmoker WHEREAS, smoking in certain enclosed areas is nuisance and a cause of material annoyance, discomfort and irritation to nonsmokers, and a public physical WHEREAS, nonsmokers who suffer ill effects of breathing second-hand smoke may experience a loss of job productivity and may be prevented from using commercial establishments and other puDlic places, and WHEREAS, smoking is a major cause of fires, as well as burns and ash stains on merchandise and fixtures that cause losses to both the City of Lakewood and its many businesses, .and WHEREAS, courtesy and voluntary smoking restrictions are not sufficient in all cases to adequately resolve concerns relating to second-hand smoke, and WHEREAS, it is not the intent of the Council to prohibit smoking or the sale of tobacco products, but rather to affirm the right of non-smokers to breathe clean air; now, therefore, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF LAKEWOOD, STATE OF OHIO: .Section 1. That part 5 of the General Offenses Code of the Codified Ordinances of the City of Lakewood be and the same are hereby supplemented by adopting and enacting new Chapter 523 entitled "Clean Indoor Air" to read as follows: CHAPTER 523 CLEAN INDOOR AIR 523.01 DEFINITIONS. As used in this Chapter: (a) "Bar" means any establishment licensed by the Ohio Department of Liquor Control to sell intoxicating beverages for consumption .on the premises and in which the service of food is only incidental to the consumption of such beverages. An establishment which would usually be defined as an "Eating Establishment" under division (b) of this section may, during certain periods (not including regular meal times) when the service of food is only incidental to the consumption of intoxicating beverages, be defined temporarily as a "bar". Post-it® Fax Note 7671 Date 7- ~0- ~ I # of I~ ipages /O "1 ~o./Dept. //~ Co. >hone Ph°ne # 5</