Tobacco Documents Online

'1V CO^rar.y e 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 BACTCROf7ND ~ 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- strict:.ve. - 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. ~~ . x 1. Your oerm ` ission for the ~fa:f.and State Director to write ACT?ON RfQt'ES'i~'D ;fe request aptrojral o= the _o-llowi-ig activities o: TAN members in uon:3ome_y County: it Action Tobacco Action Nenvork, 1875 Eye Street, A'.W, Washington, C.C. 20006 800-429-9876 e

. Ko . County 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.- - - -- Enclosures Samuel D. Chilcote,-Jr. Mr. Wilson Wyatt, Jr. J. Kendrick Wells, III,-Esq. Mr. Steve-Cohen Mr. Hal Grant - J James Cherry, Esq. Mr.-Stan Scott J: Bernard Robinson, Esq. James T. Breedlove, Esq. Mr. Larry Bewley Mr. W. E. Ainsworth, Jr. Mr: Hugh-Foley Mr. Michael Kerrigan Mr. Richard Scanlan Mr. Gerald Kupris Paul T. McHenry, Esq. Scott Gilbert, Esq.

C "Exhibit A" Bill No. 5 '-d1 - (.ft No. & Date 2- l11/1't/R1 Introduced: October 13, Bxpiration Date: Apr'1 - Enacteds COUNTY COUNCIL FOR P7MGOMXRY COUNTY, WARYLA23D October 0 Legislative Session 1981 BY: Council President Spector; Co-sponsored by Councilmember Scull; - !)~, 1981 1r, 19 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 health casefacilities more than 25 persons,/and food service facilities having more than 50 seats, except under certain conditions; and to clarify existing languaQe. ~~ V ~ W

C 1 3- 34 3S 38 37 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 r€ad 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 - optician. 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. 38 - - - - 1--

(b) 4 S .-6 7 Snokir.g-prohibited in certain_ areas. It shall-be unlawful for any person to areas : smoke in any of the foliowin-g-- (I) In an elevator, regardless of capacity, except those elevators in single family dwellings as provided-by state law. (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 proviZed all patients assigned to the room have e xpressed in writing a-desire to have the room des F_" 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 room . ] (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 c and in private facilities where public meetings- are called ~ by g-overnmental-bodies during the time such meetings are being ~ held. ~ ~ -(6) In theaters (other than dinnr-r theaters) and -CA mOvle houses. 36- - 3? - 2 - am.._

C 7 e I 9 C (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- not apply: (1) 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 arrangements. ' -(3) In-barbershops [L] and beauty-salor.s [and private, 13 ~ 14 ~ 15 enclosed offices where members of the public are-not normally present]. (4 In private,-enclosed-off-ices where members of 16 the~ublic are not normally present. 17 _ [,4)]` To smoking by actors as part of_$_stage ~19- production. (6) To any licensed-fpod service facility'having 20 50 or- fewer seats. 21 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 0 ~ -23 [(2) No portion of the -spectator area of any theater .~ 34 or movie house-shall be-designated as a separate smoking ares.]M 35 36 ~ " 3•" . l ~ 37 v_ 3a

C 1 [(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 13 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] 29 30 31 32 33 34 35 36 37 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. 38

2 3 4 3 6 7 I (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 25 26 noti.fication to the department that such election is being withdrawn. ~_ (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. P _J

1 3 4 5 (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. G tj ~ Cri ~ -- I ~ ~ CD 36 - - b 37 3t

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. - GOALS AND OBJECTIVES: To prohibit smoking in additional areas where - members o€ the public are likely to congiegate, and thereby mitigate the adverse effects of secondary smoke. - EXPERIENCE ELSEWHEPC€ : I 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 restrictions. SOURCE Or- I4FOR%tATIOAI: David Jay Frankel, Legislative Counsel ECONO'•1iC 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: 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_ by agency responsible for enforcement with a survey;questionnaire o interviews on a sampling basis. a W - ad 0':