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HomeMy WebLinkAbout94-01 ORDINANCE NO. 94-01 AN ORDINANCE OF THE TOWN OF DANVILLE AMENDING CHAPTER 7 OF THE DANVILLE MUNICIPAL CODE, RELATING TO THE SMOKING OF TOBACCO PRODUCTS THE TOWN COUNCIL OF THE TOWN OF DANVILLE DOES ORDAIN AS FOLLOWS: SECTION ONE. Section 7-2. (Purpose and Findings) of the Danville Municipal Code is hereby amended by adding the following subsections: f. The United States Environmental Protection Agency has determined that second-hand smoke is a Class A carcinogen for which there is no safe exposure level. g. The United States Surgeon General has declared that nicotine is as addictive as cocaine or heroin; no other addictive product or drug is sold through vending machines. SECTION TWO. Section 7-2.2 (Definitions) of the Danville Municipal Code is hereby amended to amend the definition of "Bar" and to add the definition of 'Wending Machine", to read as follows: Bar shall mean an establishment which is devoted to the serving of alcoholic beverages and in which the service of food is only incidental to the consumption of such beverages. That area of a restaurant which is primarily devoted to the serving of alcoholic beverages and in which the service of food is only incidental to the consumption of such beverages shall also be considered a bar. Vending Machine means any electronic or mechanical device or appliance the operation of which requires the insertion of money, whether in coin or paper bill, or other thing representative of value, which in return dispenses or releases a tobacco product. SECTION THREE. Section 7-2.3 of the Danville Municipal Code is hereby amended by deleting the word "section" therefrom and inserting in its place the word "chapter." SECTION FOUR. Section 7-2.4 b. of the Danville Municipal Code is hereby amended to read as follows: b. Restaurants. Within a restaurant, provided, however, that this prohibition does not apply to the bar area and outdoor seating areas of such restaurants. SECTION FIVE. Section 7-2.4 k. is hereby added to the Danville Municipal Code, to read as follows: k. Child Care Facilities. Commercial child care facilities, whether conducted in a private residence or commercial structure. SECTION SIX. Section 7-2.5 of the Danville Municipal Code is hereby amended to read as follows: 7-2.5 Regulation of Smoking in Places of Employment. a. Unless expressly exempted by this chapter, it is the responsibility of every employer within the Town to provide a smoke-free workplace for all their employees. Employers shall prohibit smoking by anyone in any enclosed area of their business or workplace. b. Within sixty (60) days of the effective date of this chapter, each employer having an enclosed workplace within the Town shall adopt, implement, maintain and post in at least one conspicuous location in such workplace a written smoking policy which shall contain the following minimum requirements: Smoking is prohibited in all enclosed spaces in this facility, without exception. This includes common work areas, auditoriums, classrooms, conference and meeting rooms, private offices, elevators, hallways, cafeterias, lounges and restrooms. A new Section %2.6 is hereby added to the Danville Municipal Code, and the existing Section %2.6 and all succeeding Sections renumbered accordingly. New 7-2.6 shall read as follows: 7-2.6 Vending Machines. Tobacco product vending machines may only be located in or on those premises constituting a bar as defined in this chapter. Tobacco product vending machines must be located at least twenty-five feet from any entry into the premise. SECTION EIGHT. Section 7-2.6 f. of the Danville Municipal Code is hereby amended by deleting the words "child or a" therefrom. The foregoing Ordinance was first read and introduced at a meeting of the Town Council of the Town of Danville on December 7, 1993, and was adopted and ordered published by the Danville Town Council at a Regular Meeting on January 18, 1994, by the following vote: AYES: RITCHEY, GREENBERG, DOYLE, WALDO NOES: SHIMANSKY ABSTAINED: NONE ABSENT: NONE L<ITY ATTORNEY CITY CLERK