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HomeMy WebLinkAboutordinance.council.001-96 .. ." ____~6__ ORDINANCE NO. ~ (Series of 1996) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, AMENDING ARTICLE IV, "SMOKING IN PUBLIC PLACES", OF CHAPTER 11 OF THE ASPEN MUNICIPAL CODE TO PERMIT SMOKING IN SECONDARY ACTIVITY AREAS OF EATING ESTABLISHMENTS. WHEREAS, the Aspen/Pitkin County Clean Air Board, upon the application of an owner of an eating establishment, has determined that smoking, including pipes and cigars, should be permitted in "secondary activity areas" of eating establishments; and WHEREAS, the Aspen/Pitkin County Clean Air Board has recommended certain amendments to the Municipal Code to permit such activity in eating establishments; and WHEREAS, the City Council has determined that permitting the smoking of cigars and pipes in physically segregated and properly ventilated areas within eating establishments would not detrimentally affect the health of non-smokers. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1. That Section 11-4.3(i) of the Municipal Code of the City of Aspen, Colorado, is hereby amended to read as follows: (i) Independently ventilated means that the ventilation system Dor any area in which smoking is permitted and the ventilation system for any nonsmoking area do not have a connection which allows for the mixing of air from the smoking and nonsmoking areas. To be considered independently ventilated, the area shall be sufficiently sealed to prevent the escape of any smoke to adjoining areas by the use of appropriate dry wall, windows, doors, paints and sealants. The ventilation system shall be designed and operated so that there are no discernable tobacco odors detectable outside the building, or in adjacent spaces in a multi-use building. The ventilation system shall be an engineered system approved by the Community Development Department. The Community Development Department, prior to the issuance of a building permit, shall verify compliance with the ~ ~ . . applicable provisions of this ordinance and shall review the submission of architectural, structural, electrical and HV AC plans as may be required. . Section 2. That Section 11-4.3 of the Municipal Code of the City of Aspen, Colorado, is hereby amended by the addition of a new subsection (k), which snch subsection shall read as follows: k) Secondary Activity Area means that portion of an eating est'iblishment which is physically segregated, independently ventilated and primarily devoted to secondary activities within which the service of food and alcoholic beverages is only incidental. Examples of secondary activities include billiard rooms, game rooms, reading rooms and the like. A secondary activity area, if not a free standing building, shall have an independent heating, ventilating, and air conditioning ("HV AC") system, completely isolated from all other HV AC systems used in a common building structure. A common building structure, for purposes of this ordinance, shall mean the contiguous area of a public or private building that is known as a particular street address and contains common exterior walls, notwithstanding the partition of the interior space to provide for separate business establishments or the existence of multiple levels, and shall include common areas, areas of ingress or egress and escalators and/or elevators. Section 3. That Section 11-4.4(f) of the Municipal Code of the City of Aspen, Colorado, shall be amended to read as follows: (f) Eating establishments. Smoking is prohibited and is unlawful in every publicly or privately owned coffee shop, cafeteria, short-order cafe, luncheonette, sandwich shop, soda fountain, restaurant, or other eating establishment serving food, except under the following circumstances where smoking may be permitted at the option of the owner of the establishment: (1) Any area exterior to the building in which the establishment is located. (2) The smoking of cigarettes in any bar area as defined in section 11-4.3(a). The smoking of pipes and cigars shall not be permitted in such area. (3) Any enclosed rooms which are being used for private functions. (4) In a secondary, physically separated and independently ventilated interior area that is specifically designated and signed as a "Smoking Permitted" dining area, provided that such secondary dining area shall not exceed in square footage an area equal to fifty (50) percent of the square footage of the primary dining area. The smoking of pipes and cigars shall be prohibited in such area. 2 ~ e e . --- -- ---- (5) Smoking, including pipes and cigars, shall be permitted in a Secondary Activity Area as defmed in section 11-4.3(k) located within an r..ating establishment if (i) such Secondary Activity Area is specifically designated and signed as a "Cigar and Pipe Smoking Permitted" area; (ii) such Secondary Activity Area has an engineered ventilation system approved by the Community Development Department; and (iii) the owner provides a non-smoking Secondary Activity Area for identical uses and which is at least twice the floor area square footage of the Secondary Activity Area where the smoking of cigars and pipes is permitted. Section 4. That if any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Section 5. That this ordinance shall not have any effect on existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances amended as herein provided, and the same shall be construed and concluded under such prior ordinances. A public hearing on the ordinance shall be held on the ~ day of ~U<.aI~ 1996, in the City Council Chambers, Aspen City Hall, Aspen, Colorado. 3 . . ... .. - .....u""', INTRODUCED, READ AND ORDERED PUBLISHED as providrAl by law by the City Council of the City of Aspen on the Y~day of ?7~~r , 1996. r!~~ John S. Bennett, Mayor ATTEST: 1996. FINALLY adopted, passed and approved this 61::; day of ~ .~4-, / ft~-50/- John S. Bennett, Mayor ATTEST: smoking.ord 4 ~