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THE TOBACCO INSTITUTE 1875 ! S'FREET. NORTHWEST WASHINGTON. DC 20006 202/457-4800 • 800./424-9876 ]OLIN D. KELLY: Senior, V;.ce President; State Act'irities June 41 19 8 0 MEMORANDUM v/ TO: Messrs. Stevens,; Pepples; Scott; Tucker; Dey FROM: Jack Kelly'S-.... Attached for your inform,ation is a copy of the proposed "Uniform Clean Indoor Air Ordinance of 1980" d,rafted by, the Range committee as an, altern- a:tive to the adoption of the Dade County initia- tive. Also attached is a newsclip from the ~!~iami Herald reporting on the presentation of this pro- posal before the Dade County Commissioners on June 3. We would appreciate your thoughts as to accepta- bility of this proposal. The Dade County Com- mission is not expected to act on this proposal before June 17th. J.Ko JK/a Attachments, C.C : Greg Scott Roger Mozingo John Bankhead Doug Sessions

UNIFORM. CLEAN INDOOR AIR OKDINA/iCE 'OF ~980I" ' (i) Citation: This ordinance may be ~ited as the Uniform clean Indoor Air Ordinance of 1980. (2) Findings o~ Purpose: The purpose of this ordinance is to recognize and protect the rights of smokers and non-smokers. The County finds that the possession of lighted smoking materials in public places is a nulsance,'and is ha~zardous to the public health, safety, 'comfort, convenience and. indoor environment. The further purpose of this . ordinance is to protect the public by restricting the possession of' lighted smoking materials to designated~ smoking areas within public pl, aces. (3) Restrictions : (a) Except a~s provided in subsection' (b), below, the possession of lighted smoking materi~als in any form, includi, ng but not limited to the possession of lighted cigarettes, cigars, pi, pes or other tobacco products, is prohibited ~n any of the following places us~ open~ to the public: any commercial establishment, including but not limited, to retail stores, restaurants, banks, office buildings and offices; any vehicle' of public transportation, including but not limited~ to trains, buses, limousines / for hire, taxi_cabs, and ferries; (±) (iii) elevators; (iv) (v) libraries, educational facilt~es, museums, a~ditoriums, and art ga~lleri?s; . iny public area of a health-care facility, .including but not limited~ to laboratories associated with t~e re~d~tion of hea~th-care treatment, hospitals, rest homes, doctors' offices, and dentists' offices;. (vi) (vii) (viii) any indoor place of entertainment or recreation, includingbut not limited to gymnasiums,,," theaters, concert halls, arena~s and swimming pools; any other enclosed indoor area used. by ~he public or serving as a place of work; any indoor waitingiine, including but not limited to ticket lines, transportation~ boarding lines, theater admission lines, or sports events admission lines. apply to: The restrictions of subsection (a) shall not (i) areas which are specifically designated as smoking~ areas in accordance with section (~4).of this act; . (ii) an entire room or hall which, is used for private social functions, provided that the seating arrangements are under the control of the sponsor of the function and not of the proprietor or person in charge of eh~ ~.

(iii) limousines for hire and taxicabs, where the driver and a~ passengers affirmati, vely con,sent to smoking in ~uch vehicle; (.iv) a private, enclosed~ office, occupied exclusively. by smokers, even though such office may be visited by nonsmokers, provided that this exception shall not be construed to permit smoking in the reception areas of lobbies or offices; except:.in designated~ smoking areas; (v) any private~ enclosed office not occupied exclusively by smokers, provided that non- smoking persons nor~alil~y occupying said: office affirmatively consent to smoking there; (vi) factories and warehouses-r not usuallly~frequented- ' by the general public,~ where the owner or. management has established rules to restrict or prohibit smoking in those places of work where proximity of workers or inadequacy: of ventilation may cause smoke pollution detrimental to the health, comfort or convenience of non-smoking employees; (vii) performers upon the stage; (viii) any room, restaurant, facility, office, or building which has installed mechanical air filtration devices (i.e. electronic precipi- tators) that meet the following requirements: (a) Certification by the Metropolitan Dade • • countY Buildingl Department. (b) Promineh~ visible display'within 10 feet~ of the main entrance to the room, restaurant,. facility, office or building of an emblem~ or certificate issued by Dade County, which certificate or emblem must be .no less than 8 1/2 x ii inches in, size. Certification by Dade County shall be granted.onlM upon 'meeting the following requirements: Minimum standards for certification: .. (American Society of Heating Refrigeration and Air Cond~itioning Engineer (ASHRAE standards.) " . and any subsequent amendment thereto. (ix) Any restaurant with less than fifty (50) seats maximum seating capacity as defined by the Fire Marshal. (x) Any public place described in section except stores selling food for off-premises consumption, where: (1) the total physical contiguous area under common management, owner- ship, operation or control (2) which encompasses single or relatedl activities and (3) which does not. exceed 1250 square feet of floor space. i4) D~signation of Smoking Areas: (a) Smoking areas may be designated by p~oprietors or other persons in charge of places within section. (3.)(a), except places in which smoking is otherwise prohibited by the fire marshal, or by other statute, ordinance or regulation..

(b) The immediately preceding subsection, shall not be construed to require persons in. charge of places .within section (3)(a) to. provide smoking areas. (c) Where smoking areas are designated~, existing barriers, physical separation and ventilation systems shall be used to minimize the irritating and toxic effects of smoke in adjacent no-smoking areas. (dl) No public place described in section (3) (a), other than a bar or lounge shall be designated as a smoking area in its entirety; provided that, if a bar is designated as a smoking: area in its entirety, this designation shall be conspicuously posted on all entrances normally used by the public. (e) Notwithstanding any other provisionof this section (4.), where smoking: areas can be established in any governmentally owned, or.operated facility without subjecting the public to the hazards and inconvenience of ambient smoke, the person in charge of said public place shall designate smoking areas in accordance with the provisions of section (5). (5). Responsibility of Proprietors: The proprietor or other person ha~ing control of a p~ace within section (3)(a) shall: (a) arrange seating to provide a smoke-free area in accordance with. section (3), and provide a seat in a smoke-free a~ea for all persons requesting Such a seat; and, (b) prominently post a"Smoking Prohibited By Law" or international no-smoking symbol sign br signs in sufficient numbers so as to be'easily visible from all sections of the no-smoking area. "Smoking Prohibited By Law" or international no-smoking symbol signs shall be no smaller than eight (8)" inches by ten (,l0) inches, with lettering no smaller than one (i), inch. The letters shall be of a color contrasting..with the color of the background of the sign; and (c) request persons smoking in violation of this ordin- ~ance to stop~ (6) Discrimination Against Employees or A~plicants: Noperson shail discharge, refuse to hire, intimidate, threaten, harrass, or in any manner discriminate against any e~ployee or applicant for employment because such employee or applicant exercises on behalf of himself, or herself, or others, any rights afforded him or her bythis Ordinance. (7) Penalties[: (!a) Any person who willfully violates theprovisions of section (3)~ shall be guilty of a misdemeanor and sha~ll be punished by a fine of not less than $10 or more than $i00 for each. offense. (b) Any person who willful~y violates the provisions of section (!5)~ "or section (6) of this act shall be guilty of a misde- meanor and shall be punished by a fine of not less than $25 nor more than $250 for each offense. (c) Enforcement proceedings under this section may be initiated by the sworn complaint of an. aggrieved citizen, or by citation by an police officer or public safety department officer. The County may establish procedures for the payment of fines by mail. (7) Cumulative Nature of Statutory Remedy: Any right of action created under this ordinance shall not impair any other right to. relief which exists under common law, or under any other statute,, ordinance or regulation.

(8): InjuAction: D~rector, Dade County Department of Public Health, the State's Attorney, or any affected party may institute an action, to . enjgin repeated violations of this ordinance. (10)~ Severability: • ~ T~e provisions of this ordinance are severable, and it is intended that if any part of this ordinance is held to be in violation of the state or federal constitution or county charter, then the remaining parts shall remain in.full force and effect. (ll) Repeal of Ordinances: The following Dade County Ordinances are hereby repealed: Ord&nances 64-44, Ordinance 7'3-41, Ordinance--73-42, Ordin&nce 74-46. (12)i Amendment of Ordinahce: Ordinance 72-61 is hereby amended to delete the w~ord "smoking" wherever it appears therein. --4¸--

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THE TOBACCO INSTITUTE 1875 I,STREET. NORTHWEST W.\SHINGTON. DC 2l)00~; 20E 457-41:?~00, Boo 424-!11~7.1i; GREGORY R. SCOTt Legislative .\'ffair:s .\ssistant 202, 457-9341 MEMORANDUM DATE: TO: FROM : RE : June 4, 1980 Jack Kelly Greg Sco.tt~%" Dade County-- GASP Initiative and Rang.e Committee Proposal Accordin.g to Doug Sessions, Mrs. Range presentedl her committee's proposal during the "Citizen's Presentation," section of yester- day's regularly scheduled meeting of the Dade County Commissioners. The Citizen's Presentation section of the agenda is a grievance period, where any citizen can present an, issue or proposal before the Commissioners. Doug sai4 that her proposal was more or less passed over, that no action was taken by the Commissioners, meaning that the Commissioners did not agree to formally consider Mrs. Range's proposal. Two out of the five Commissioners, however, did state that they would study her proposal. Secondly, the County Attorney sa, id he would review the proposal for legal sufficiency in case it was form:ally accepted by the Commissioners for consideration in the future. Mrs. Range, who evidently is a local political heavy-weigh,t (vis. was on "Meet the Press" on the recent Miami riots -- she is bl--~-~k), said she would consult each Commissioner individually. It would appear that she intends to. push for consideration of her proposal and will present it again for consideration by the Commissioners. The next meeting of the Commissioners is June 17. Doug also men,tioned that, according to the County Attorney, if the Range proposal should be consideredl and adopted and if the smoking restriction initiative is approved by the people, That th,e: most recent proposal would supercede. The initiative proposal, therefore, would stand as the law. Thirdly, if GASP we:re to obtain fifteen percent over the required number of signatures, thereby allowing the County Supervisor of Elections to randomly certify the forms, and if this certification process was to be challenged, thereby requiring, that each signature be verified, and if this. challenge resulted in GASP n,o:t meeting the deadiline for th,e September 9 election, then the question would: appear in the next regularly scheduled general election, which would be the October 7 run-off election. Due to legal advertising requirements.,

however, the County Supervisor's Office is of the opinion that GASP would not qualify for the October 7 election. Hence, it appears that if the above scenario materializes and GASP does not qualify for the September 9 election, the questionwould be presented to the public on the November 4 Presiden.tial election ballot. Dou~ said he is mailing a letter today to you regarding the Dad:e County situation. cc" Roger Mozingo

! 8 2 8 L $ T R Ir E To N. W.. S U i T E 9 0 0, W A S H I H G T O N. D. C. 2 0 0 2 6 2 0 2 -- 4 6 6 ° 2 8 0 0 JOHN DECONCINt INTERNATIONAL PRESIDENT March ii, 1980 Mr. Stanley S. Scott Vice President Public Affairs Philip Morris U.S.A. 100 Park Avenue New York, NY 10017 Dear Stan,: Enclosed please find: resolutions on "Anti-smoking campaigns" that were recently passed by the AFL-CIO Executive Council and the Executive Boards of the AFL-CIO's Food &. Beverage Trades Department and. the Union Lab~l & Service Trades Department. Feel free to publicize passage of these resolutions as you see fit. I am planning on running an article on them in the next issue of the BC&T News. Very truly yours, Carolyn J. Jacobson Director of Public Relations CJJ:bkp Enclosure

PHILIP MORR:IS U.S.A. INTER-OFFICE CORRESPONDENCE 100 Park Avenue, New York, N.Y. 10017 To: From: Subject: Distribution StanLey S. Scott~ AFL-CIO Opposition to Anti-Smoking Campaigns Date: March 13, 1980 Our Iong-term labor agreement continues to work for us. The attached resolutions in. opposition to anti-smoking campaigns represent a big breakthrough for our industry. The resolutions should assi,st us in our New York efforts against the Grannis BilL. SSS: bg Attachment Messrs. R.R. Millhiser C.H. Goldsmith H. Cullma:n S.P. Pollack J.C. Bowling J. 3. Morgan W.W. McDowell F; J. Laux J.B. Robinson Informational Copies Messrs. G. Weissman J.F. Cullman 3rd