Discusses proposal to amend Montgomery County, Maryland Health Code to restrict smoking in workplaces. Requests approval to have company TAN [Tobacco Action Network] volunteers write letters to County Council members, to distribute petitions in opposition to the proposed changes, and to attend a scheduled public hearing on the issue. Requests assistance in "contacting companies with whom you do business . . . in order to secure their opposition to this legislation."
- Named Person
- Named Organization
- Covington & Burling (Tobacco Industry law firm)
Tobacco industry law firm. Was involved in organizing the Whitecoat Project.
- MONTGOMERY COUNTY COUNCIL
- TAN, TOBACCO ACTION NETWORK
- AINSWORTH,WE JR
- CHILCOTE,SD JR
- WELLS,JK III
- WYATT,W JR
- ACTION TAN REQUEST
- TAN, TOBACCO ACTION NETWORK
- MONTGOMERY COUNTY
- STATE ACTIVITIES POLICY COMM
- clean indoor air
- Industry Strategies
- Local Level
- tobacco use
- Advocacy Groups
Page 1: uch71e00
mT?oyees to request that they write a letter to
their d:str:ct retresentative, , or, the !i-ont-
gomer f Cou.ty CoW c_ with cooies to oe ser _- to the other
s:x =eabers i_° ?oss:ble (Bx::ibit 3). It is suggested that
this commence i.imediatel;r. T%e attache? sampie letter
(Bxaibi t C) a.zd ?o .ts to Make (Ex :_.,_- D) , will be s e_zt
to these enroliees.+
2. Your permiss'-on for the ~Sarylar.d State Oirect to rec,uest
Tk.V enrol.ees to attend the public i:eariz5 (3:00 p.m.) in
o?posit_or, to s::bject legislat-on.
RE: ntgomery`Count Bill No. 53-81 -,(Marand
~Itrts ~ ~~2~ ~o.3e,Sr~
October 28, 1981W &A
State Activities Policy Committee-
:`ROM: Jac:< Kelly
~ Mcntgomery County Bill No. 53-81 (Exhibit A) was iZtraduced on October
13, 1981, by Montgomerj County President, Ruth Spector. This legisla-----
tion would further amend the County Health Code-to prohait-smoking'-inl
anX'~workplace ;:w,here;more4than_25,ersons are e. loyed orlany licensed
I fco"~"'service -faciLity hav:mg more than 50 seats, Presently,- places of
f worx~d~restaurants `are`not covered by the coBe.
>>r.ce its introduction, the legis'_at'_o.^n has been co-sponsored by Council
Xember, David Scull. Additionally, Council Member, Michael Gudis, has -
introduced an ame::.ment which would make the legislation even more re-
The Bill is scheduled to be heard at a public hearing on November 11,
1931, at-8:00 p.m. The public hearing will be held at the County Council
Hearing Room, the County Office Building, 3rd Floor, 100 Maryland Avenue,
Rockville, Maryland, 20850.
1. Your oerm
` ission for the ~fa:f.and State Director to write
;fe request aptrojral o= the _o-llowi-ig activities o: TAN members in
Tobacco Action Nenvork, 1875 Eye Street, A'.W, Washington, C.C. 20006 800-429-9876
Page 2: uch71e00
Your assistance in contacting companies with whom you do business
.(suppliers, advertisers, subsidiaries) in order to secure their
opposition to this legislation.
for purposes of securing signatures. ~
will e distributed by company TAN members to their normal accounts-
Your permission for the Maryland State Director to request mem3e-r a
;company enrollees to distribute petitions in opposition to sub-
ject legislation, and to collect sane. Such action may or may not ;
take place during company time.- It is envisioned that the petition
Covington $ Burling has advised that this request does
lation or reporting on the part of the TAN volunteers.
If you have any questions relative to the above, please
tact Michael Kerrigan.- - - --
Samuel D. Chilcote,-Jr.
Mr. Wilson Wyatt, Jr.
J. Kendrick Wells, III,-Esq.
Mr. Hal Grant - J
James Cherry, Esq.
J: Bernard Robinson, Esq.
James T. Breedlove, Esq.
Mr. Larry Bewley
Mr. W. E. Ainsworth, Jr.
Mr. Michael Kerrigan
Mr. Richard Scanlan
Mr. Gerald Kupris
Paul T. McHenry, Esq.
Scott Gilbert, Esq.
Page 3: uch71e00
Bill No. 5 '-d1
- (.ft No. & Date 2- l11/1't/R1
Introduced: October 13,
Bxpiration Date: Apr'1
FOR P7MGOMXRY COUNTY, WARYLA23D
Legislative Session 1981
BY: Council President Spector; Co-sponsored by
Councilmember Scull; -
AN ACT to amend Section 24-9, title "Smoking prohibitions
and restrictions" of-Chapter 24, title "Health and
Sanitation" of the lfontgomery County Code (1972),
as amended, for the purpose of prohibiting smoking
in theatres, movie h6uses, workplaces employing
more than 25 persons,/and food service facilities
having more than 50 seats, except under certain
conditions; and to clarify existing languaQe.
Page 4: uch71e00
Sec. 1. f estion 24-9 of Chapter 2C of the tifontgomery
County Code (\1972), as-amended, is hereby repealed and re-
enacted with amendments, to rad 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 treatxent of diseases, whether physical,
mental or emotional or other-medical, physiological or psy-
chological-conditions including but not limited to hospitals,
cYinics, nursing homes for the aging or chronically ill,
laboratories,-offices of any-physician, dentist, psychologist,
psychiatrist, physiologi3t, podiatrist, optometrist or
Person. Any person, firm-partnership,-association,-
corporation, company or organization of any kind. -
Public.meeting. AI1 meetings, wherever held, open to the
public and having no membership--restraints: -
Retail store. Any establishment whose primary purpo!ke
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, -
ooerations 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 smoke. The act of smoking or carrying i lfghted
-or smoldering cigar, cigarette or pipe of any kir.d-ar lighting
a cigar, cigarette or pipe of any kinzi.
- Workplace. An
care facility or retail store.
- - -
Page 5: uch71e00
Snokir.g-prohibited in certain_ areas. It shall-be
unlawful for any person to
smoke in any of the foliowin-g--
(I) In an elevator, regardless of capacity, except
those elevators in single family dwellings as provided-by
(2) In any retail store in which more than eight
persons are employed and working at any one time.
- (3) -In any health care facility, regardless of
capacity; except,that this prohibition shall not apply ~
in the private enclosed [working spaces-orj sleeping or living
quarters of persons working-in such facility where patients
and members of the-public are not normally present and ii
in-inpatient sleeping quarters[.j
all patients assigned
to the room have e xpressed in writing a-desire to have the room des
ted as a
smoking area and the administrator of the health care facility, or his designee,
has designated the room as a-smoking area. [Every publicly or privately owned
healEh care establishment shall make a] A reasonable effort
shall-be made to assign patients to sle-eping rooms according
te the patient's individual nonsmoking or s-moking preference.
[;except, that a hospital room shall become a nonsmoking room-
when a patient is assigned to it unless a waiver-of this
reLquirement 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 as a nonsmaking
(4) In any-publicly operated educational facility
of the Montgomery County Public Schools or Montgomery College.
(5) In all facilities owned or leased by the county
goyernment-and normally used by the public for public purposes
and in private facilities where public meetings- are called ~
by g-overnmental-bodies during the time such meetings are being ~
-(6) In theaters (other than dinnr-r theaters) and -CA
3? - 2 -
Page 6: uch71e00
(7)- In workplaces where mo-re than 25 persons are
emoloyed and working at any one tirre.
r ~ [ n v -+_ f'pi ~.
(c) Exceptions, e pr i ition oa t~s sectioi shail-
To a retail store [D]during the hours in which
[the particular facility] it 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-
p-rimarily by customers-as a route of travel from one s*_ore_ -
to another and that consist primarily of walkways and -seating
' -(3) In-barbershops [L] and beauty-salor.s [and private,
enclosed offices where members of the public are-not normally
(4 In private,-enclosed-off-ices where members of
the~ublic are not normally present.
_ [,4)]` To smoking by actors as part of_$_stage
(6) To any licensed-fpod service facility'having
50 or- fewer seats.
22 [(5)] 7) Not-hing in this subsection sfiall-be deemed to
23 amend or repeal applicable fire regulations.
24 (d) Designated smoking areas._ The owner, lessee or person
25 ih-charge of any [building, structure, space, place or] area
26 specified in subsection[s](b)[(2), (3), (4), (5) and (6)] of
~` 27 this section may designate ,eparate [rooms or] areas in which
38 smoking is permitted-; provided,-that: -
29 -[(i) Designation of such rooms or areas-shall not
30 include rooms or areas normally used by the members of the
31 - public in their use of the-facility during hours of public t
32 access. ] '3
-23 [(2) No portion of the -spectator area of any theater .~
34 or movie house-shall be-designated as a separate smoking ares.]M
" 3" . l ~
Page 7: uch71e00
[(3)) -1~ No-area [shali] ma be designated as
2 _ a smoking area [in-which] where smoking in that area is
3 prohibited by [the fire marshal or by] any other law.
E- 9rdinance-or regulation, or by a fire marshal._
S [(4) In designated smoking area_s,existi,nq j_ f2 Existir.R
0 physical barriers and ventilation systems [shall bc]- are to bs
used where poss-ible-to minimize the toxic effect of-smoke in
adjacent nonsmoking areas.
[(5)] '3 Designated smoking jrooms and] areas
in health care facilities, workplaces, theatres, movie
houses or retail stores (other than licensed food service
facilities) May[shall] not include areas normally used by
members of the public in their use of the facility.
14 [(6}] (4) Public restrooms and-elevators may
is - [wili] not be designated as smoking areas- [;] rxcept,- that if a
10 retail store has more than two restrooms, those restr6oms-
l~ in-excess of-two may-be so designated.
13 (e) Posting signs. Signs prohibiting or permitting
19 smoking, -as the case may be, shall be-displayed-cor_spizuously
[by the owner or person having control-of the building,
structure, pladt or premises specified in subsection (b) of]
in all roars and areas covered by-this section. In those
areas in which -smoking is prohibited by -this-section;--the
sign displayed shall read "No smoking by order of Moatgomery
County Code 24-9. Enforced by (-dtpartment desigr.ated-
by the county executive)." The owner, lessee, or person havinQ
control of the room or area shall be_9ointlv and severablv
responsible-for complvinR with these reauirements_
(f)- Provisions of section in addition to-_other_regulations.
Z'he provisions and requirements of this section shall-be in
addition to any provisions and requirements-of other federal,
state or county law, ordinance, rule or-regulation.
Page 8: uch71e00
(g) UnJ,rJful for owners, operator~ etc., to allow
smoking in certain areas. It shall be unla wful for the owner,
operator, manager, director or person otherw-ise in control of
a building, structure, place, area or f-acility-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) -Certzin facilities may elect to have section
=pply. _[Retail stores, restaurants, private schools and
other facilitiesJ The owner or lessee of any property not
covered in subsection (b) may elect to have the provisions
of the law apply by not-ifyingf in writing, the department
designated by the county executive and by posting signs
prohibitin-g smoking._ Upon such election, the provisions
of the law shall apply until thirty days after written
noti.fication to the department that such election is being
~_ (i) Rules and regulations. The cot3nty 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 misdeme,nor and, upon
conviction, shall-be subject to a fine not to exceed fifty
dol.lars- and costs for-each violation.
- (2) The county attorney or any affected-party may
institute an action in a court of competent jurisdiction to
enjoin repeated violations of this section.
Page 9: uch71e00
(k) Appf abili*_y within incorporaC i municipalities.
The DTOvisions-of this section shall not apply within the
co-rporate limits of a=ny municipal corporation located within_
the county which possesses authority_to legislate on the subject
ma=tter of this section unless_ such municipal corporation by
law has provided for its enforcement within the corporate
limits of such municipal corporation by the county.
Sec. 2. Severability. The prCiviSic7n3- of -this Act are
severable-and if any provision, clause, sentencf,-section,
sord or part thereof is held illegal, invalid or uncon3titutional,
or__inapplicabls to any person or circumstances, such illegality,
iuiralidity or unconstitutionality, or inapplicability shall
not affect or impair anyy of the remaining provisions, clauses,
sentences, secti_orrs,-words, _cr pafts of the Act or- their
application to other persons or circumstances. It is hereby
dPc.lared to be the legislative intent that this Act would -
have been adopted if such illegal, invalid,-or ur.constitu*_ional
provision, clause, sentence, section, word or part had not
been included ther-ein, and if the persons or circumstancel
to which the Act or part f:^.ereof-is inapplicable had been
specifically exempted therefrom.
Sec. 3. Effective Date. This-Act shall take effect on-
the 91st day-followizg the- date on which it becomes law.
~ -- I ~
36 - - b
Page 10: uch71e00
LI:CI5i.,Vf Rf (-,u1: ;T RI:mR"I'
DESCRIPT-ION: Amends Section 24-9, title "Smoking_prohibit-ions
and restrictions" of Ehapter 24, tit:e-
"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 SO-seats, except under certain
conditions; and to clarify existit,g-language.
-PROBLEM: Secondary smoke inhalation has both im.mediate
and long-term deleterious effects on the health
of non-smokers. -
OBJECTIVES: To prohibit smoking in additional areas where -
members o the public are likely to congiegate,
and thereby mitigate the adverse effects of
Restriction on smok.i-ng ir~ ~u~1 ic laces i a1 reasi fo~d-in
Section 24-9, tltie Smokin~ proh:~ritxonsy
and restrictions" of Chapter-24, title
"Health and Sanitatian" of the Montgomery
County -Code.- This bill would amnl-if those
I4FOR%tATIOAI: David Jay Frankel, Legislative Counsel
IMPACT: -The negative economic impact-of this_bill
is expected to bp negligible, pr-imarily
consisting of the cost of-posting additional
"No Smoking" signs. A measureable positive
impact may be expected resultir.g-from-an
anticipated improvement in-the health of
the general public.
Fiscal Impact statement is attached.
EVALUATION: This bill would expand the areas where smoking weuld_be
proit~d.- As this is an Pxpansion_of acurrent-'smoking prohibitdon-
and restriction law (Sec. 24-9, Chapter 24) we should be abie to draw
on the evaiuation-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 Departnant-of Health, the_
agency responsible for enforcement with a survey;questionnaire o
interviews on a sampling basis.