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Bill No. S~-St Draft No. & Date Introduced: 0ctoher 13~ 1981 Expiration Date: Apri t ~acted: CO~ CO~CIL FOR ~GO~RY CO~, ~Y~D October ~g~slatlve Session 1981 Council President Spector; Co-sponsored by Councilmember Scull; AN ACT to a~end Section 24-9, titie "Smoking prohibitions and restrictions" of Chapter 24, title "Health and Sanitation" of the Hontgomery County Code (1972), as amended, for the purpose of prohibiting smoking in theatres, movle"h6u~es, workpi~es employing health cam ~acilities more ~han 2S persons,~nd food service facilities having more than 50 seats~ except under certain conditions; and to clarify existing language. Be It Enacted by the County Council for Montgomer~ County, Maryland,__ T!05390191

1 3 '4 6 $ 9 10 11 12 13 14 15 16 18 19 ~0 22 23 24 26 =8 29 ~o 31 34 Sec. I. Section 24-9 of Chapter 24 of the Muntgomery County Code (1972), as amended, is hereby repealed and enacted with amendments, to read as follows: Sec. 24-9. Smoking prohibitions and restrictions. [a) Definitions. For the purpose of this section, the following words and phrases shall have the meanings respectively ascribed to them by this subsection: Health care facility. Any office or institution providing individual care or treatment of diseases, whether physical, mental or emotional or other medical, physiological or psy- chological conditions including but not limited to hospitals, clinics, nursing homes for the aging or chronically ill, laboratories, offices of any physician, dentist, psychologist, psychiatrist, physiologist, podiatrist, optometrist or optician. Person. Any person, firm partnership, association, corporation, company or organization of any kind. Public meeting. All meetings, wherever held, open to the public and having no membership restraints. Retail store. Any establishment whose primary purpose it is to sell or offer for sale to consumers, not for resale, any goods, wares, merchandise, food for Consumption off the premises , articles or other things and all activities, operations and services connected therewith or incidental thereto. [Retail store shall not include hotels, motels, restaurants, those restaurant facilities which are an integral part of a retail store, bars, lounges, catering establishments and other similar facilities.] Smoking or to smdke. The act of smoking or carryi~ h Ifghted or smoldering cigar, cigarette or pipe of any kind or lighting a cigar, cigarette or pipe of any kind. Workplace. Any pl'a~e of employment other than a health care facility or retail store. 36 3~ - 1- T105390192

1 4 8 ~0 ~5 ~8 L~ ~0 ~2 ~4 Z6 |8 ~9 |0 |l [b) Smokin~ prohibited in certain areas. It shall be unlawful for any person to smoke in any of the following areas : (I) In an elevator, regardless of capacity, except those elevators in single fzmily dwellings as provided by state law. (2) In an), retail store in which more than eight persons are employed and workin~ at any one time. (3) In any health care facility, regardless of capacity; except,that this prohibition shall not apply (i) in the private enclosed [working spaces or] sleeping or living quarters of persons working in such facility where patients and members of the public are not normally present and ~ in inpatient sleeping quarters[.~ , p~6v{ded all patients assigned to the room have expressed in writing a desire to have the room designated as a smoking area and the administrator of the health car~ £acili~y, or his designee, h~sdesi~n~tedtheroomas a smoking area. [Every publicly or vriv~telyowned heal%h care establishment shall make a] ~ reasonable effort shall be made to assiEn patients to sleeping rooms according te the patient's individual nonsmoking or smoking prefere~ce~ [;except, that a hospital room shall become a nonsmoking room when a patient is assigned to it unless a waiver of this. requirement is requested by all patients assigned to the room. A sign clearly stating "No Smoking in This Area" shall be posted in each hospital room .designated a~ a nonsmoking room • ] (4) In any publicly operated educational facility of the Montgomery County Public Schools or Montgomery College. ($) In all facilities owned or leased by the county government and normally used by the public for public purposes and in private facilities where public meetings are called by governmental bodies during the time such meetings are be{ng held. (6) In theaters (gther than dinner theaters) and movie houses. - 2 - TI05390193

2 3 4 : 10 11 ; ~3 ~7 21 24 26 (7) In workplaces where more than 25 persons are employed and workin~ at any one time. {8~ [8 gny licensed [ood ~crvicc £ncilitv_ (c) Exceptions. .The prohibition of this sect'ion shall not apply: (1) To a retail store [D]~urin£ the hours in which [the particular facility] i_~t is [not normally used by] closed to the public. (2) In those areas of enclosed shopping centers or malls that are external to the retail stores and are used primarily by customers as a route of travel from one store to another and that consist primarily of walkways and seating arrangements. (3) In barbershops [,] an__d beauty salons [and private, enclosed offices where members of the public are not normally present]. (4) In private, enclosed offices'where members of the public are not normally present. [(4)](~) To sm6king by actors as part of a stage production. 46) To any licensed food service facil~ty'h~vi~ 50 or fewer seats. [(5)](7) Nothing in this subsection shall be deemed to amend or repeal applicable fire regulations.. (d) Designated smoking areas. The ownert lessee or person in charge of any [building, structure, spac%, place or] area specified in subsection[s](b)[(2), (3), (4), (5) and (6)] of this section may designate separate [rooms or] areas in which smoking is permitted; provided, that: [(i) Designation of such rooms or areas shall not include rooms or areas normally used by the members of the public in their use of the facility ~uring hours of public access. ] [(2) No portion of the spectator area of any theater or movie house shall be desi~ated as a separate smoking ares.] 35 37 -- 3.-- Tl05390194

1 | 10 11 15 [(3J] (1) No area [shall] may be designated as a smoking area [in which] where smoking in that area is prohibited by [the fire marshal or by] any other law, ordinance or regu~ation~ or by a fire marshal . [(4) In~signat~d smoking are~,exist~g ]. ~ Existing physical barriers and ventilation srste~ [shall be] are to be used where possible to minimize the toxic effect of smoke adjacent nonsmoking areas. [(5}] ~ Designated smoking [rooms and] areas in health car~ ~a¢ilities~ workplaces~ theatres~ .ovie houses or retail stores ~other than licensed food service facilities) may[shall] not include areas normally used by members o£ the public in their use of the facility. [(5)] ~ ~ublic restrooms and elevators may [will] not be designated as smoking areas :[;.] except, that i£ a retail s~ore has more ~an two restrooms, ~hose restr6oms ~n excess of two may be so designated. (e) Posting signs. Signs prohibiting or pemi~ting smoking, as the case may be, shall be displayed conspicuously Ibm the owner or person having control of the building, structure, place or premises specified in subsection (b) in all rooms and areas covered by, this section. In those areas in which smoking is prohibited by this section, the sign dSsplayed shall read "No smoking by order o£ ~,lon~gome~ Cowry Code 24-9. Enforced by (department designated by the county executive)." The owner~ lessee~ or person havin~ control of the room or area shall be Jointly and severablY responsible for complying with these requ]rement~ (£) Provisions o£ section in addition to other regulations. The provisions and requirements o£ this section shall be in addition to any provisions and requirements o£ other federal, s~a~¢ or county law, ordinance, rule or regulation. T!05390195

{g) Unlawful for own~:rs, operators, etc., tO allow smoking in certain areas. It shall be unL;~wful for the owner, operator, manager, director or person otherwise in control oI a building, structure, place, area or facility covered by this section to allow service to or seating of any person who violates this article by smoking in an area in which smoking is prohibited or to permit such person to remain on the premises if he or she continues to violate this section after proper warning. (h) Certain facilities may elect to have section apply. [Retail stores, restaurants, private schools and other facilities] The owner or lessee of any pKppertZ not covered in subsection [b) may elect to have the provisions of the law apply by notifying, in writing, the department designated by the county executive and by posting signs prohibiting smoking. Upon such election, the provisions of the law shall apply until thirty days after written noti~.ication to the department that such election is being withdrawn. -" (i~ Rules and reEulations. The county executive shall adopt and promulgate reasonable and necessary rules and regulations for the implementation, administration and en- forcement of this chapter. (j) Enforcement and penalties. [1) Anyone who violates any provision of this section shall be deemed guilty of a misdemeanor and, upon conviction, shall be subject to a fine not to exceed fifty dollars and costs for each violation. (2) The county attorney or any affected party may institute an action in a court of competent ~urisdiction to enjoin repeated violations of this section. T105390196

(k) Appllcabilizy within incorporated municipalities. o The provisions of this section shall not apply within the corporate llml~s of any municipal corporation the county which possesses authority to legislate on the subject matter of this section unless such municipal corporation by l&w has provided £or its enforcement within the corporate limits of such municipal corporation by the county. Sec. Z. Severability. The provisions of this Act are severable and if any provision, clause, sentence, section, word or part thereo£ is held illegal, invalid or u~.constitutional, or inapplicable to any person or circumstances, such illegality, invalidity or unconstltutionality, or inapplicability shall not a££ect or impair any o~ the remaining provisions, clauses, sentences, sections, words, or parts o£ the Act or their spplicatlon to other persons or circumstances. It is hereby declared to be the legislative intent that this Act would have. been adopted I~ such illegal, invalid, or unconstltutional provision, clause, sentence, section, word or part had not been included therein, and i£ the persons or circumsta~ce~ to which the Act or part thereo~ is Inapplicable had been speci£ically exempted there£rom. Sec. 3. E££ective Date. This Act shall take e££ect on the 91st day £ollowing the date on which it becomes law. - 6 - T105390197

LE(;ISI,A'rlVI-~ I),I~(~UI':ST REPORT DESCRIPTION: PROBLEM: GOALS AND OBJECTIVES: Amends Section 24-9, title "Smoking prohibitions and restrictions" o~ Chapter 24, title "Health and Sanitation" of the Montgomery County Code (1972), as amended, for the purpose of prohibiting smoking in theatres, movie houses, workplaces employing more than 25 persons, and food service facilities having more than S0 seats, except under certain conditions; and to clarify existing language. Secondary smoke inhalation has both immediate and long-term deleterious effects on the health of non-smokers. To prohibit smoking in additional areas where members of the public are likely to congregate, and thereby mitigate the adverse effects of secondary smoke. EXPERIENCE ELSEWHERE: R~striction on smokinR iD, Dublic places, is a~readv found i Section 24-9, titIe 5moKin~ proniDf~onS and restrictions" of Chapter 24, title "Health and Sanitation" of the ,~lontgomery Count[ Co4e. This bill would amplify those restrlctions. SOURCE OF INFORS~TION: David Jay Frankel, Legislative Counsel ECONOMIC IMPACT: The negative economic impact'of this bill is expected to be negligible, primarily consisting of the cost of posting additional "No Smoking" signs. A measureable positive impact may be expected resulting from an anticipated improvement in the health of the general public. FISCAL IMPACT: Fiscal Impact statement is attached. EVALUATION: This bill would expand the areas where smoking would be prohibited. As this is an expansion of a current,'smoking prohibition and restriction law (See. 24-9, Chapter 24) we should be able to draw on the evaluation experience of the original law. However, I do not know of any evaluation of that law. An evaluation of the effectiveness of this law could be accomplished by D~partm~nt of Health, the agency responsible for enforcement with a survey~questionnaire or by interviews on a sampling basis. T105390198

Agenda l~e~ NEMORANDUM 7 ,r-,'ECEIVF-'" ~IOCII3 ~t0:34 !o-I~ October 9, 1981 TO: Montgomery County Counct 1 ~~ FROM: Jacqueltne H. Rogers, Director, Office of ~tanagement and Budget SUBJECT: Fiscal Impact of Bill For Amendments to "No Smoking" Portion of the Montgomery County Code , Council_ BC]I 53-81. This memorandum responds to a request from David Frankel, Legislative Council. for a Fiscal Impact Analysts. This bill is to amend Section 24-9, title "Smoking Prohibitions and Restrictions" of Chapter 24, title "Health and Sanitatto," of the Montgomery County Code {1972), as amended, for the purpose of prohibiting smoking in theatres, movie houses, work places employing more than 50 seats, except under certain conditions; and to clarify existing language. Inquiry was made to Dennis Theoharls, Environmenta] Investigator Ill, Division of Licensure and Regulatory Service, of the Health Department. tie indicated that routine inspections could he handled by existing staff. AW "No Smoking" signs required in County Facilities, as a result of these amendments, would incur minor expense. The general view of the staff is that the amendments, as stated in the Bill, pose no significant fiscal t~pact. JHR:clm T105390199

AMENDMENT TO BILL $5-81 "Smoking Prohibitions and Restrictions" Proposed by: Councilmcmbcr ~;udis On page 2~ line 7, after "store", strike "in which more than eight persons are employed and working at any one time". The purpose of this amendment is to subject all retail stores, regardless of the number of employees, to the restrictions on smoking imposed by law. Ti05390200