Broomfield 2003

 

GASP of Colorado (Group to Alleviate Smoking Pollution)

 

Ordinance Grade: 2

                                                                          

Some local laws have provisions that are stronger than the Colorado Clean Indoor Air Act and provide better protection from exposure to secondhand smoke at work and in public places. GASP of Colorado rates local laws compared to the state law on a scale of zero to five.  The highest and best rating is a five (click here for an explanation of our rating system).  Any stronger provisions in the state law take precedence over any weaker local provisions so the state law should be reviewed first through these links: smokefreecolorado.org or gaspforair.org.

                          

This local law provides more protection from secondhand smoke than the state law in the following area(s):

 

Work Places: (none)

Employee Retaliation Prohibited: (none)

Restaurants and Bars: (none)

Building Entrances and Perimeters: (Section 2 K-L)

Outdoor Places: (Section 2 K-L)

 

Broomfield ORDINANCE NO. 1747 (as amended October 14, 2003)

AN ORDINANCE AMENDING CHAPTER 8-02 OF THE BROOMFIELD MUNICIPAL CODE REGARDING SMOKING IN PUBLIC PLACES BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY AND COUNTY OF BROOMFIELD, COLORADO: Section 1. Effective April 21, 2004, section 8-02-020, Definitions, of the Broomfield Municipal Code is hereby amended to read as follows: 8-02-020

 

Definitions. The following terms and phrases shall have the following meanings unless the context clearly indicates otherwise.

(A) Alcoholic beverages means any fermented malt beverage, as defined in section 5-32-030 of this code, or any malt, vinous, or spirituous liquor as defined in section 5-28-030 of this code.

(B) Commercial establishment means all places of business to which the public is invited or in which the public is permitted, except restaurants and taverns.

(C) Employer means any person, partnership, corporation, including municipal corporation, which employs more than four persons.

D) Public, used as a noun, refers to the people at large. Public, used as an adjective, refers to a place, use, or activity which is open or accessible to any member of the public.

(E) Restaurant means an establishment licensed as a hotel/restaurant or brew pub under the liquor laws of the State of Colorado, or any establishment engaged in the sale of prepared food and beverages and has seating for on-premises consumption of food.

F) Smoke or smoking means the lighting of any cigarette, cigar, or pipe, or the possession of any lighted cigarette, cigar, or pipe, regardless of the composition of the burning material.

(G) Tavern means an establishment licensed as a tavern under the liquor laws of the State of Colorado whose primary business is the sale of alcoholic beverages by the drink.

 

Section 2. Effective April 21, 2004, section 8-02-030, Prohibition of smoking in certain public places, of the Broomfield Municipal Code is hereby amended to read as follows: 8-02-030 Prohibition of smoking in certain public places. No person shall smoke in any of the following locations:

(A) In any elevator or restroom while such elevator or restroom is available for public use;

(B) In any theater, auditorium, or room in which a public meeting or hearing is being conducted, including recesses;

(C) In any theater, auditorium, or room in which a motion picture is being exhibited, or in which a live

performance of theater, ballet, or opera or a live concert is being presented, if such event is open to the

public, whether or not payment for admission is required, except that where meals or alcoholic beverages by the drink are sold during the actual performance or presentation, the provisions of section 8-02-040, applicable to restaurants, shall apply in lieu of this subsection;

(D) In any auditorium, arena, or room being used for athletic or sporting activities by or for the public or for conducting an athletic or sports event and exhibiting it to the public, whether or not payment for admission is required, including bowling alleys and pool halls;

(E) In any room being used for the principal purpose of providing instruction or training in a trade, craft,

business, skill, or athletic or sports activity, or of providing child care or primary, secondary, or higher education;

(F) In any area of a hospital, doctor's office, or other health care facility open to the general public, including waiting rooms, public hallways, and lobbies, except specially designated and physically separate smoking areas;

(G) In any area of a grocery store, retail store, or other commercial establishment open to the general

public. Retail stores which are primarily engaged in the sale of tobacco and tobacco products shall be

exempt from this provision;

(H) In any area of a museum, gallery, or library open to the general public;

(I) In any lobby, hallway, corridor, or stairway which is open to the general public, except that up to twenty-five percent of a lobby may be designated as a smoking area;

(J) In any building or structure owned or leased by the city for any municipal purpose;

(K) In any outdoor service line where more than one person is giving or receiving services of any kind,

whether or not such service involves the exchange of money; or

(L) Within 20 feet of the front entrances, operable windows, passageways, and ventilation systems of

smoke-free establishments, except for passersby who do not stop.

 

Section 3. Effective April 21, 2004, section 8-02-040, Designated no-smoking areas required in restaurants,

of the Broomfield Municipal Code is hereby amended to read as follows:

 

8-02-040 Smoking prohibited in restaurants and taverns.

(A) Smoking shall be prohibited in restaurants and taverns, provided, however, that a restaurant or tavernmay provide a smoking area to accommodate patrons who request seating in such area so long as it constitutes no more than 40% of the floor area open to the public, and meets the following criteria:

(1) The ventilation system for any area in which smoking is permitted is separate from the heating, cooling, and ventilation system for any non smoking area, and the smoking area system is designed and ventilated in accordance with the International Mechanical Code, Chapter 4, as required for "smoking lounges";

(2) It is physically separated from the non-smoking area by a roof and four walls with doors as needed for ingress and egress;

(3) A designated smoking area under this section may not include any waiting area, lobby, hallway,

elevator, restroom, or area adjacent to a self-service food line or cash register nor require passage through the smoking area to reach non-smoking areas or amenities; and

(4) Any service or amenity which the establishment chooses to provide to patrons, other than smoking, shall at all times be at least as available in the non-smoking majority portion of the establishment as in the designated smoking area. This requirement includes, without limitation, live entertainment and games.

Section 4. Effective April 21, 2004, section 8-02-050, Private function, of the Broomfield Municipal Code is

hereby amended to read as follows:

 

8-02-050 Private functions.

Smoking is allowed in private drinking establishments operated by local or national chapters of non-profit fraternal organizations that require exclusive, non-public membership and which are licensed as a club in accordance with the liquor laws of the State of Colorado, and in rooms or halls being used exclusively for a private social or business function at the discretion of the sponsor of the function.

 

Section 5. Effective April 21, 2004, section 8-02-070, Signs required to be posted, of the Broomfield

Municipal Code is hereby amended to read as follows:

8-02-070 Signs required to be posted.

Signs with letters no less than one inch high or symbols no less than three inches high shall be posted as follows:

(A) Where smoking is prohibited in an entire establishment or outdoor service line area, a sign using the

words No Smoking or the international no-smoking symbol shall be posted conspicuously either on all public entrances or in a position clearly visible on entry into the establishment or to those waiting in an outdoor service line.

(B) Where certain areas of an establishment are designated as smoking areas pursuant to this chapter, a sign using the words No Smoking Except in Designated Areas shall be posted conspicuously either on all public entrances or in a position clearly visible on entry into the establishment.

(C) Where smoking is permitted in an entire establishment, a sign using the words Smoking Permitted or the international smoking symbol shall be posted conspicuously either on all public entrances or in a position clearly visible on entry into the establishment.

Section 6. This ordinance shall be effective seven days after publication following final passage.

 

INTRODUCED AND APPROVED after first reading on September 9, 2003, and ordered published in

full. INTRODUCED A SECOND TIME and approved on October 14, 2003.