Loading...
HomeMy WebLinkAbout1994/09/06 Item 5 September 1, 1994 SUBJECf: The Honorable Mayor and Ci: Courp John D. Goss, City Manage\..~l ~ ~\ City Council Meeting of September 6, 1994 TO: FROM: This will transmit the agenda and related materials for the regular City Council meeting of Tuesday, September 6, 1994. Comments regarding the Written Communications are as follows: 5a. This is a letter from Pam Slater, Chairwoman of the County Board of SupelVisors, requesting that the City Council adopt a resolution in opposition to an initiative on the Fall ballot that would amend the County's General Plan and Zoning Ordinance to allow a landfill in the PalalPauma area of the County. IT IS RECOMMENDED THAT THIS REQUEST BE REFERRED TO STAFF FOR EVALUATION AND REVIEW. 5b. This is a letter requesting Council to adopt a resolution in opposition to Proposition 188, a measure sponsored by Phillip Morris and appearing on the November ballot which would repeal and supplant all State and local tobacco control laws and preempt future local tobacco regulation. The letter was received from Debbie Kelley, American Lung Association of San Diego and Imperial Counties, 2750 Fourth Avenue, San Diego, CA 92103. IT IS RECOMMENDED THAT COUNCIL ADOPT THE ATTACHED RESOLUTION IN OPPOSITION TO PROPOSITION 188. 5c. This is a letter from Joseph Conte, SuperintendentIPresident of Southwestern College, requesting that Council reconsider installation of traffic signal lights at the intersections of Otay Lakes Road and Elmhurst Street, and Otay Lakes Road and Gotham Street. The traffic signal at Gotham Street and Otay Lakes Road has been awarded and the contractor has been authorized to proceed and should be completed in 8 to 10 weeks. Because the traffic pattern is expected to change dramatically after the signal is in operation, which would reduce the need for a signal at Elmhurst, and because two signals on Otay Lakes Road only 600 feet apart would be detrimental to the flow of traffic on Otay Lakes Road, staff does not recommend installing a signal at Elmhurst at this time. IT IS RECOMMENDED THAT STAFF BE DIRECTED TO COMMUNICATE THIS TO SOUTHWESTERN COLLEGE. JDG:mab PAM SLATER CHAIRWOMAN I --....-. ,=--~; SUPERVISOR, THIRD DISTRICT SAN DIEGO COUNTY BOARD OF SUPERVISORS Tim Nader, Mayor City of Chula Vista 276 4th Avenue Chula Vista, CA 91910 !I!! ~ -<-< p~ ;II! =- me-) III IYI ~::r: (') .c:: N IYI C/)r~ N _ o:Jo. < :::Is :g IYI ~ ':7 0 GREGORY CANYON LANDFILL AND RECYCLING COLLECTI~ C~R INTITIATIVE August 10, 1994 RE: Dear Mayor Nader: As you may be aware, Servcon-San Marcos, Inc. has qualified an initiative for the Fall ballot that would amend the County's General Plan and Zoning Ordinance to allow a landfill by right in the Pala/Pauma area of Northern San Diego County. As Chairwoman of the Board of Supervisors for San Diego County, I ask that your City Council adopt a resolution in opposition to this initiative. Regardless of the merits of the proposed project, amending the local General Plan and Zoning Ordinance by initiative to support a private project is not consistent with our responsibility for land use decisions as elected officials. This circumvention of the process does not provide for adequate analysis of the potential impacts of such a decision. I am asking for your support in informing the voters of this County that such initiatives circumvent a process developed specifically to protect the people. Thank you for your consideration of this issue. 1:::tJ~ PAM SlATER Chairwoman PS/JM/jh cc, ~1;;;- (<I) WlmEN COMMUNICATIONS i:2:;:;11~ ~A '-r /^ ~/;J7 ~, ~~~'~'~C HIGHWAY. ROOM '35 SAN IllEGO, CA~470 (619) 531-5533 TOLL FREEBOO-a52-7334 ~~~~. mP'IC'!"dOn!eCY"ledpapa'~t:1...J r~'=----f:~-~i~~'" ,~.~ -----.-."'~~;-L~~::l i' n) .r ,. :" I l j :. il""""'~"~.; '.'~ ',,' 'j ,"J ' . 'I !; ",'; ~ i :: 1 I:i;: !lUG 251994 ;;,' . ~.JI.J IT .-., ~ I L_,__"_"".,""c--_J . rY C0ur"c.;,.:L (t, i~:r-S CHUL' ViSTA. CA 2750 Fourth Avenue, San Diego, California 92103 P.O. Box 3879, San Diego, CA 92163-1879 (619) 297-3901 FAX (619) 297-8402 ] 10] Airport Road, Suite E, Imperial, California 92251 (6]9) 353-LUNG AMERICA SOCIA TION of San Diego and Imperial Counties The Christmas Seal People@ @ August 19, 1994 Richard Wenrick, President Jack E. Damson, M.A., M.P.H., Executive Director I! -c-< PSfl mC"') ~:::r: .C v>. 0"'" ." <: ;a .,,- - ~;! ~ Proposition 188, sponsored by Phillip Morris, the largest cigarette manufacturing company in the world, will appear on the November ballot. The measure, if passed, will repeal all state and local tobacco control laws; they will be replaced with a weak statewide law which would permit smoking in every restaurant and workplace in the State, California's new Smoke-Free law, which goes into effect Jan, 1, 1995, would be nullified, Furthermore, the initiative would prohibit local governments from passing tobacco control legislation in the future, . ~ se =- '" n ..... - < ..... o The Honorable Tim Nader 276 4th Avenue Chula Vista, CA 91910 Dear Mayor Nader, The Coalition for a Health California is requesting your city to pass a resolution opposing the Phillip Morris initiative, The Cities of EI Cajon, Del Mar, Solana Beach, along with San Diego County have already done so, In addition, we would like to place your name on our list of those opposed to Proposition 188, We are planning a press conference in the Fall featuring representatives from all local cities that have joined us to defeat the Phillip Morris initiative, We [lope that trle City of Chula Vista will be able to participate in this event, Enclosed please find a copy of the initiative, a sample resolution, and a brochure from the Coalition for a Healthy California, Also enclosed is a blue card, which you may return to join our list of individuals opposed to the Phillip Morris initiative, Sincerely, ::{))~'~tk ,WRllTEN COMMUNICATiONS Debbie Kell;f/ cc: ~ '7~ (~ A Yo/:Jj EnClosu'es J:?7~~ 5b -/ ~ Christmas Seals@ Fight Asthma, Emphysema, Tuberculosis, Air Pollution and Lung Cancer ~ Comon""~thA""",,,,,,c.1,", RESOLUTION NO. 17~JJ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA OPPOSING PROPOSITION 188 - THE PHILIP MORRIS INITIATIVE WHEREAS, tobacco use is responsible for the death of over 400,000 people every year and is the number one cause of death in the United States; and WHEREAS, Environmental Tobacco Smoke (ETS) has been categorized as a cancer causing substance by the Environmental Protection Agency; and exposure to sidestream or secondhand smoke kills an estimated 53,000 persons every year; and WHEREAS, every day 3,000 children take up smoking and join the ranks of those addicted to nicotine; and WHEREAS, Proposition 188 will appear on the November, 1994 ballot and if passed, will repeal all state and local tobacco control laws; replace them with a statewide law which would permit smoking in every restaurant and workplace in the State; and prohibi t local governments from every passing tobacco control legislation in the future; and WHEREAS, Proposition 188 will repeal AB-13, a state law supported by a coalition of health organizations, the California Restaurant Association and the California Hotel Motel Association, that will make all restaurants and most workplaces and public places smoke-free beginning January 1, 1995; and WHEREAS, the ventilation standards adopted in the initiative for application to indoor smoking will remove the odor of smoke from the air, but they will not eliminate the cancer causing substances which pose the threat to public health; and WHEREAS, Proposition 188 is sponsored by Philip Morris, the largest cigarette manufacturing company in the world; and WHEREAS, Proposition 188 proponents have been misrepresenting the purpose of the initiative in an attempt to deceive the voting public and have received multiple warnings from the California Secretary of State regarding these deceptive tactics. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula vista does hereby oppose Proposition 188 and urges residents to vote against the initiative on the November ballot. John D. Goss, City Manager 'I 5;...3 to Presented by city c: \rs\prop.188 Sample Resolution Against Proposition 188 - The Philip Morris Initiative Official Title: Smoking and Tobacco Products, Statewide Regulation, Initiative Statute (Cities, professional organizations, businesses, health agencies or other use) WHEREAS, tobacco use is responsible for the death of over 400,000 people every year and is the number one cause of death in the United States; WHEREAS, Environmental Tobacco Smoke (ETS) has been categorized as a cancer causing substance by the Environmental Protection Agency; and exposure to sidestream or secondhand smoke kills an estimated 53,000 persons every year; WHEREAS, every day 3,000 children take up smoking and join the ranks of those addicted to nicotine; WHEREAS, Proposition 188 will appear on the November, 1994, ballot and if, passed, will repeal all state and local tobacco control laws; replace them with a statewide law which would permit smoking in every restaurant and workplace in the State; and, prohibit local governments from ever passing tobacco control legislation in the future; WHEREAS, Proposition 188 will repeal AB-13, a state law supported by a coalition of health organizations, the California Restaurant Association and the California Hotel Motel Association, that will make all restaurants and most workplaces and public places smoke-free beginning January 1, 1995; WHEREAS, the ventilation standards adopted in the initiative for application to indoor smoking will remove the odor of smoke from the air, but they will not eliminate the cancer causing substances which pose the threat to public health; WHEREAS, Proposition 188 is sponsored by Philip Morris, the largest cigarette manufacturing company in the world; WHEREAS, Proposition 188 proponents have been misrepresenting the purpose of the initiative in an attempt to deceive the voting public and have received multiple warnings from the California Secretary of State regarding these deceptive tactics; NOW THEREFORE BE IT RESOLVED that the opposes Proposition 188 and urges residents to vote against the initiative on the November ballot; BE IT FURTHER RESOLVED that the will do what it can to inform the public of the impact of Proposition 188 on the community and will forward a copy of this resolution to Chief Executive Officer, Philip Morris Companies, Inc., 120 Park Avenue, New York, New York, 10017. Note: Please send a copy of your resolution to Debra Kelley, Coalition for a Healthy California, American Lung Association, 2750 Fourth Avenue, San Diego, CA, 92103. G:IPROGRAMlDEBBIEIPUBPOLlST A TEINI\ORGRESOL.SMP 5b-'j Proposition 188 - The Philip Morris Initiative (Official Title: Smoking and Tobacco Products. Statewide Regulation. Initiative Statute) Attached is the official wordingfor this initiative. Proposition 188 Sponsor: Philip Morris, maker ofMarlboro@ cigarettes and the largest U.S: tobacco manufacturer. Proposition 188 Opposition: (partial list ) Coalition for a Healthv California, the same group responsible for raising the tobacco tax, whose members include: American Lung Association American Heart Association American Cancer Society California Ass'n of Hospitals and Health Systems California Dental Association California Medical Association PTA Planning and Conservation League and many other organizations. Ill' Are you interested in helping us "Crush" Prop 188? Call the Coalition for a Healthy California at 297-3901. :I: AMERICAN LUNG ASSOCIATION.. I of San Diego and Imperial Counties 2750 Founh Avenue. P.O. Box 3879 San Diego, CA 92163-1879 Phone: (619) 297-3901 F." (6]9) 297'''Sb -.5' INTI1ATIVE MEASURE TO BE SUBMl'ITED DIRECTLY TO THE VOTERS The Attorney General of California has prepared the following title and summary of the chief pW"pll'ie and points of the proposed measure: SMOKING AND TOBACCO PRODUCTS. STATEWIDE REGULATION. INTI1ATIVE STATIlTE. Establishes statewide smoking and tobacco regulations. Repeals California Indoor Clean Air Act of 1976. Repeals and preempts IocaI smoking and tobacco regulations. Bans public smoking with significant exceptioos. Pennits smoking sections in restaw"ants and employee cafeterias. Bars not regulated. Pennits smoking in private offices, and business COnference rooms with occupants' coru;ent. Exempts from smoking reguIatioos gaming clubs, bingo establishments, racetracks, sports facility private boxes and smoking lounges. Regulates Iocatioo of tobacco vending machines and billboards. Increases penalties for tobacco purchases by minors. Pennits amendment of to!>acco regulatioos by two-thirds vote of~1ature. Summary of estimate by Legislative Analyst and Director of Fmance of fiscal impact 00 state and local governments: Unknown effects 00 public-sector health care costs and state tobacco tax rev- enues, depending on the extent there are changes in the consumptioo of tobacco products and/or exposure to second-hand smoke. State costs to enforce the measure would be around $1 million annually; local enforcement costs would probably not be significant. TO THE HONORABLE SECRETARY OF STATE OF CALIFORNIA We, the undersigned. registered, qualified voters of California, residents of County (or City and County), hereby propose amendments to the Business and Professions Code and the Penal Code and uncodified statutory provisions related to the regulation of smoking and tobacco products and petition the Secretary of State to submit the same to the voters at California for their adoption or rejection at the next succeed- ing general election or at any special statewide election held prior to that general election or otherwise provided by law. The proposed statutory amendments and provisions read as follows: SECTION 1. The People of the State of California find and declare that: (a) The current regulation of smoking in public in California is inadequate in that there are insufficient statewide standards for regulating smoking in restaurants, office buildings, and other public places. (b) There is a wide variance in the local regulation of smoking. Some localities provide little or no protection to those who wish to avoid sec- ondhand smoke in such places, while others overregulate to the extent that in at least one city a person may be fined for smoking on the side- walk or in the street. (c) There is a clear need for unjform statewide regulation of smoking in public to assure those interested in avoiding secondhand tobacco smoke have the same protections wherever they go in the state and that those who do smoke have fair notice of where smoking is prohibited. (d) There must be stricter statewide controls to curb the illegal sale of tobacco products to minors, including the regulation of tobacco products vending machines. Further, the advertisement of tobacco products near schools must be restricted. SEC. 2. To accomplish the goals set 10l1h i,l Section 1, the People enact this measure to provide for the statewide regulation of smoking in restaurants. other public places and the workplace, and lor statewide restrictions on the marketing and distribution of tobacco products through the regulation of sales to minors, tobacco products vending machines. and billboard advertising near school grounds. SEC. 3. This act shall be known and may be cited as the California Uniform Tobacco Control Act. SEC. 4. Division 10 (commencing with Section 25800) is added to the Business and Professions Code, to read: DIVISION 10. REGULATION OF SMOKING CHAPTER ,. GENERAL PROVISIONS 25800. For purposes of this division, the following definitions shall apply: (a) -ASHRAE Standard 62-t989- means the standard approved by the American Society of Heating, Refrigerating and Air-Conditioning Engineers, Inc. in 1989 as ASHRAE Standard 62-1989, "Ventilation for Acceptable Indoor Air Quality" and approved by the American National Standards Institute in 1991. The standard is also designated -ANSI/ASHRAE 62-1989.~ (b) -Bar" means an area that is devoted to the service of alcoholic bever- ages for consumption on the premises and in which the serving of food, if any, is incidental to the consumption of alcoholic beverages. When a bar is located within a building in conjunction with another use, including, but not limited to, a restaurant, only the area used primarily for the con- sumption of alcoholic beverages shall constitute a bar. The dining area shall not constitute a bar, even though alcoholic beverages may be served therein. (c) "Private office" means a room within a building in which no more than one person works that is enclosed by floor to ceiling walls and an opera- ble door. (d) "Public place" means any enclosed indoor area open to the general public, including, but not limited to, a theater, educational facility, health facility, retail services establishment, retail food production and market establishment, gymnasium, health spa, library. museum, and gallery. "Public place~ does not Include a workplace, restaurant. or bar. (e) "Restaurant" mealls any coffeeshop, cafeteria. short-order cafe, lun- cheonette, diner, sandwich shop. soda fountain, and any other eating establishment which gives, sells, or offers for sale food to the general public lor consumption on the premises. "Restaurant" does not include a "bar" as defined in this section. (f) "Workplace" means any enclosed indoor area in which one or more individuals are employed on a full-time basis and to which the general public does not have access, except by specific invitation. Notwithstanding the preceding sentence, "workplace~ does not include a prison, jailor other correctional facility and does not include a work area in a private residence other than a licensed family day care home during its hours of operation and in those areas where children are present. CHAPTER 2. RESTAURANTS 25806. Smoking is prohibited in any restaurant, except as otherwise provided in this chapter. 25808. (a) The prohibition of Section 25806 shall not apply to any restaurant to which both of the following apply: (1) Smoking is confined to designated areas not exceeding 25 percent of the seating capacity. 51/ ., t. (2) Ventilation is provided In accordance with the recommended ventila. tion rates specified for dining rooms and cafeterias in Table 2 of ASHRAE Standard 62-1989 or in accordance with the requirements of the indoor air quality procedure described in ASHRAE Standard 62-1989. If a restaurant electS to provide ventilation in accordance with this paragraph, the restaurant shall keep on the premises a written certi- fication, provided at least once a year by the contractor who maintains the ventilation system. that the system meets the applicable provisions of ASHRAE Standard 62-' 989. (b) Any restaurant permitting smoking shall post a sign on the exterior of the building at each point of public entrance stating that smoking and non-smoking sections are available. 25810. The prohibition of Section 25806 shall not apply to rooms in restaurants being used for private functions. 25812. Nothing in this chapter shall be construed to prevent the owner of any restaurant from prohibiting smoking entirely on any premises under his or her control. CHAPTER 3. WORKPLACES 25814. SmokinG is prohibited in any ....,orkplace, axcapt as ritherwise provided in this chapter. 25816. (a) The prohibition of Section 25814 shall not appiy to any work. place that is any of the following: (1) Any private office or, with the consent of aU occupants. any confer- ence room if ventilation is provided to that office or room in accordance with the recommended ventilation rates specified for offices in Table 2 of ASH RAE Standard 62-1989 or in accordance with the requirements of the indoor air quality procedure described in ASH RAE Standard 62-1989. (2) Any employee cafeteria where smoking is confined to a single area not exceeding 25 percent of the seating capacity of the cafeteria, and ventilation is provided in accordance with the recommended ventilation rates specified for dining rooms and cafeterias in Table 2 of ASHRAE Standard 62-1989 or in accordance with the requirements of the indoor air quality procedure described in ASHRAE Standard 62-1989. (3) Designated smoking lounges if ventilation is provided in accordance with the recommended ventilation rates specified for smoking lounges in Table 2 of ASHRAE Standard 62-1989 or in accordance with the requirements of the indoor air quality procedure described in ASHRAE Standard 62-1989. (b) If an employer elects to provide ventilation in accordance with subdi- vision (a), the employer shall keep on the premises a written certifica. tion. provided at least once a year by the contractor who maintains the ventilation system, that the system meets the applicable provisions of ASH RAE Standard 62-1989. 25818. Smoking is prohibited in any company vehicle unless all those present in the vehicle consent. 25820. Nothing in this chapter shall be construed to prevent an employ- er from prohibiting smoking entirely on any premises under his or her control. CHAPTER 4. PUBLIC PLACES 25822. Smoking is prohibited in any public place, except as otherwise provided in this chapter. 25824. Smoking may be permitted in no more than 25 percent of the concourse area of any bowling alley and the lobby areas of any hotel, motel or other lodging facility. 25826. The prohibition of Section 25822 shall not apply to any of the following places: (a) Hotel and motel rooms rented to guests, unless they are designated non-smoking rooms by management. (b) Establishments devoted primarily to the retail sale of tobacco prod- ucts or to the operations of a manufacturer of tobacco products. (c) Hotel and motel conference or meeting rooms, and public and private assembly rooms, while these places are being used for private func- tions. (d) Gaming clubs registered pursuant to Chapter 5 (commencing with Section 19800) of Division 8, facilities used to conduct bingo games pur- suant to Section 326.5 of the Penal Code, racetracks, and private boxes and separate smoking lounges in indoor and outdoor sports arenas. 25828. Nothing in this chapter shall be construed to prevent the owner or lessee of any public place from prohibiting smoking entirely on any premises under his or her control. . CHAPTER 5. SIGNS 25836. Smoking and non-smoking areas designated pursuant to this division shall be clearly indicated by the posting of signs. CHAPTER 6. VENDING MACHINES 25840. It is unlawful to sell tobacco products at retail through a vending machine unless the vending machine is located in one of the following areas: (a) In an area of a facto:y, busines5. office, or other place that is not open to the general public. (b) On any publiC premises, as defined in Section 23039, to which per- sons under the age of 21 years are denied access pursuant to Section 25665. (c) On other premises to which persons under the age of 18 years are not permitted access. (d) In any other place, but only it the machine is operated by the activa- tion of an electronic switch by the licensee, or by an employee of the licensee, prior to each purchase. 25842. The person liable for a violation of Section 25840 is the person authorizing the installation or placement of the tobacco products vending machine upon premises he or she manages or otherwise controls and under circumstances in which he or she has knowledge, or otherwise should have grounds for knowledge. of the violation. CHAPTER 7. BILLBOARDS 25844. No person shall advertise or cause to be advertised tobacco products on any outdoor billboard located within 500 feet of any public or private elementary school. junior high school, or high school. This prohibition shall not apply to advertisements erected or maintained at street level and affixed to business establishments selling tobacco prod- ucts at retail. CHAPTER 8. ENFORCEMENT 25850. The provisions of Chapter 3 shall be considered occupational safety and health standards under the California Occupational Safety and Health Act of t 973 as amended and shall be enforced as standards under that act. 25852. Except as provided in section 25850, every person who smokes in violation of this division, every person in charge of a place where smoking is prohibited by this division who knowingly permits smoking in violation of this division, every person who fails to post a sign required by this division and every person who violates any other prohibition in this division. shan be guilty of an infraction punishable by a fine not to exceed one hundred dollars ($100) for a first violation, by a fine not to exceed two hundred dollars ($200) for a second violation within one year, or by a fine not to exceed five hundred dollars ($500) for a third violation and for each subsequent violation within one year. SEC. 5. Article 1 of Chapter 10.8 (commencing with Section 25940) of Division 20 of the Health and Safety Code is repealed. SEC. 6. Section 25949.6 of the Health and Safety Code is repealed. SEC. 7. Section 308 of the Penal Code is amended to read: 308, (a) (1) Every person, firm or corporation that knowingly sells, gives, or in any way tumishes to another person who is under the age of 18 years any tobacco. cigarette, or cigarette papers, or any other prepa- ration of tobacco, or any other instrument or paraphernalia that is Jb;7 designed for the smoking or ingestion of tobacco. products prepared from tobacco, or a controlled substance, is subject to either a criminal action for a misdemeanor or to a civil action brought by a city attorney, a county counsel, or a district attorney, punishable by a fine of five hun- dred dollars ($500) for a first violation, one thousand dollars ($1,000) for a second violation within two years of the flrst violation, two thousand dollars ($2,000) for a third violation within two years of the second viola- tion, and two thousand dollars ($2.000) for any violation within two years of a violation subsequent to the third violation. (2) A flne imposed on a person, firm, or corporation for a violation of this subdivision that is a first violation or that occurs more than two years after any other violation of this subdivision shall be waived and any sub- sequent violation of this subdivision shall be deemed a first violation if the person, firm, or corporation clearly establishes that he, she, or it acted in good faith to prevent the violation and that the violation occurred despite the exercise of due diligence by the person, firm, or corporation. For purposes of this paragraph, a person, firm, or corpora- tion shall be deemed to have exercised due diligence if the person, firm, or corporation complies with subdivisions (d) and (e). (3) Notwithstanding Section 1464 or any other provision of law, 25 per- cent of each civil and criminal penalty collected pursuant to this subdivi- sien shaH be paid to the office of thtl city attorno.!Y, C<:'Iunty couns~l, or district attorney, whoever is responsible for bringing the successful action, and 25 percent of each civil and criminal penalty collected pur- suant to this subdivision shall be paid to the city or county for the admin- istration and cost of the community service work component provided in subdivision (c). (4) Proof that a defendant. or his or her employee or agent, demanded, was shown, and reasonably relied upon evidence of majority shaH be a defense to any action brought pursuant to this subdivision. Evidence of majority of a person is a facsimile of or a reasonable likeness of a docu- ment issued by a federal, state, county, or municipal government, or subdivision or agency thereof, including, but not limited to, a motor vehi- cle operator's license, a registration certificate issued under the federal Selective Service Act, or an identification card issued to a member of the armed forces. (b) For purposes of this section, the person liable for selling or furnishing tobacco products to minors by a tobacco products vending machine shall be the person authorizing the installation or placement of the tobacco vending machine upon premises he or she manages or other- wise controls and under circumstances in which he or she has knowl. edge, or should otherwise have grounds for knowledge, that the tobacco products vending machine will be utilized by minors. (c) Every person under the age of 18 years who purchases or receives any tobacco, cigarette, or cigarette papers, or any other preparation of tobacco, or any other instrument or paraphernalia that is designed for the smoking of tobacco, products prepared from tobacco, or any con- trolled substance shall, upon conviction, be punished by a fine of five hundred dollars ($500) or 100 hours of community service work. (d) Every person, firm, or corporation that sells or deals in tobacco or any preparation therecf, shall post conspicuously and keeo so posted in his, her, or their place of tJusiness, at each point of purchase within the premises, a sign, no smaller than 8 1/2 by 11 inches, stating the follow- ing in no smaller than 28 point type: NOTICE-SECTION 308 OF THE PENAL CODE PROHIBITS THE SALE OF TOBACCO PRODUCTS TO PERSONS UNDER 18 YEARS OF AGE AND THE PURCHASE OF TOBACCO PRODUCTS BY PER. SONS UNDER 18 YEARS OF AGE. Any person failing to do so shall upon conviction be punished by a fine of one hundred dollars ($100) for the first offense and two hundred dol- lars ($200) for each succeeding violation of this provision, or by impris- onment for not more than 30 days. The Secretary of State is hereby authorized to have printed sufficient copies of this act to enable him or her to furnish dealers in tobacco with copies thereof upon their request for the same. (e) Every person, firm, or corporation that sells, or deals in tobacco or any preparation thereof, shall notify each individual employed by the person, firm, or corporation as a retail sales clerk that state law prohibits the sale of tobacco products to any person under 18 years of age and the purchase of tobacco products by any person under 18 years of age. This notice shall be provided before the individual commences work as a retail sales clerk or, in the case of an individual employed as a retail sales clerk on the date when this subdivision becomes operative, within 30 days of that date. The individual shall signify that he or she has received the notice required by this subdivision by Signing a form stating as follows: ~I understand that state law prohibits the sale of tobacco products to persons under the age of 18 and the purchase of tobacco products by persons under the age of 18. I promise, as a condition of my employment, to observe this law: Each form signed by an individual shall indicate the date of signature. The employer shall retain the form signed by each individual employed as a retail sales clerk until 120 days after the individual has left the employer's employ. Any employer failing to comply with the requirements of this subdivision with respect to any employee shkU upon conviction be punished by a fine of one hundred dollars ($100) for the first offense and two hundred dollars ($200) for each succeeding violation of this subdivision, or by imprisonment for not more than 30 days. (1) For purposes of determining the liability of persons. firms, or corpora- tions controlling franchises or business operations in multiple locations for the second and subsequent violations of this section, each individual franchise or business location shall be deemed a separate entity. (g) In addition to other efforts to ensure compliance with this section, every county sheriff, city police chief, and other head of a law enforce- ment agency responsillle for enforcing subdivision (a) <,hall at least annually conduct unannounced inspections at randomly selected ioca- tions where tobacco products are sold or distributed. A person under the age of 18 may be employed to test compiiance with subdivision (a) only if the testing is conducted under the direct supervision of a peace officer acting within the scope of his or her official duties and written parental consent for the person's participation has been obtained. Except as provided in this subdivision, every person who, lor the pur- pose of testing compliance of another with subdivision (a), soiicits, employs or otherwise aides a minor in the purchase or attempted pur- chase of any tobacco, cigarette, or cigarette papers, or any other prepa- ration of tobacco, or any other instrument or paraphernalia that is designed for the smoking of tobacco, products prepared from tobacco, or a controlled substance, is guilty of a misdemeanor, (h) The Attorney General shall prepare for submission annually to the Secretary of the United States Department of Health and Human Services the report required by Section 1926 of Subpart II of Part B of Title XIX of the federal Public Health Service Act (42 U.S.C. See, 300x-26). SEC. 8. Consistent with the finding in Section 1 of this act, the Peopie find and declare that the need for uniform statewide regulation, as set forth in this act, is a matter of statewide concern and uniform statewide regulation of smoking in public places, bars, restaurants, and work- places. as well as the sale, distribution, advertising, sampling, promo- tion, or display of tobacco products, is required to maximize public awareness of and compliance with this act and is warranted because these activities do not vary from county to county or city to city. This act shall apply, without limitation, to a city, county, and city and county, including a charter city, charter county, or charter city and county. It is the People's intent to regulate the subject maner of this act comprehen- sively and to occupy the field to the exclusion of local action. Notwithstanding any other provision of law, no ordinance or regulation of any city, county, city and county, including a charter city, charter county, or charter city and county, or other political subdivision of this state, or any local ordinance or regulation adopted by the use of an initiative or other ballot measure. shall in any way attempt 10 regulate the sale, dis- tribution, advertising, sampling, promotion, or display of tobacco prod- ucts, or smoking in public places, restaurants, bars, or workplaces. SEC. 9. The amendment of Section 308 of the Penal Code by this act shall not be construed to in any way affect other statutory prohibitions before or hereafter enacted on the distribution of controlled substance paraphernalia to minors or possession of such paraphernalia, including, but not limited to, Sections 11364, 11364.5 and 11364,7 of the Health and Safety Code. SEC. 10. This act may be amended by a statute passed by a two-thirds vote of the membership of each house of the Legislature. SEC. 11. If any provision of this act or its application to any person or circumstance is held invalid. this shall not affect other provisions or applications of this act that can be given effect without the invalid appli- catfon and to this end the provisions of the act are severable. SEC. 12, This act shaH become effective on the first day of July of the year fOllowing its enactment. 5J;,%' We can stop Philip Morris and defeat Prop. 188 Vote NO on Prop 188 The Sacramento Bee June 6, 7994 Yes, I'll help defeat Prop.188 with my contribution of: o $500 0$188 o $100 o $50 o $250 0$100 0$75 0$25 "The whole Philip Morris campaign is a study in disinformation" loin "Club 188" with your special contribution of $188! Enclosed is a check for $ payable to Coalition for a Healthy California. Contributions are not tax deductible. State Headquarters Coalition for a Healthy California 5750 Wilshire Boulevard, Suite 561 Los Angeles, CA 90036 STOP PHILIP MORRIS Your local contact is: Name* ~mPIOyer'Bus, Phone \ '-De>ccupation* 1= AMERICAN LUNG ASSOCIATION.. of San Diego and Imperial Counties Coalition for a Healthy California Home Address 2750 Fourth Avenue, P.O. Box 3879 San Diego, CA 92 J 63-1879 Phone: (619) 297.3901 Fax: (619) 297-8402 American Cancer Society, California Division American Lung Association of California California Medical Association California Dental Association Americans for Nonsmokers' Rights California PTA American Heart Association California Assn. of Hospitals &; Health Systems California Common Cause Planning and Conservation League *partiallist Home Phone Yes, I am willing to... o Endo"e No on Prop. 18B-Stop Philip Morris o Join the Coalition for a Healthy California o Allow public use of my name o Host a fundralser for friends &; nelghbo" o Participate in Speakers Bureau o Write lelt"" to the Editor o Volunteer To help defeat Prop 188 and stop Philip Morris, call1-800-ACS-2345 Working to Defeat Prop. 188 City, State, Zip *Califomia law requires this information for fNery contribution. Coolition for a Healthy California, No on 188, a committee of health, environmental and educational organizations. 1-800-ACS-234S Call for information and to make a donation What is Proposition 1881 Prop. 188 is the tobacco industry's plan to roll back successful efforts to create smoke free environments, and prevent any future progress in limiting our exposure to dangerous second hand smoke. Prop. 188 replaces strong anti- smoking laws with a weak statewide measure that permits smoking in restaurants, workplaces and public places. "~~rnlng: Proposition 188 is hazardous to your health. Philip Morris ... is spending millions of dollars to pass Proposition 188 to protect industry profits. It should be called the 'The Tobacco Industry Protection Act.''' c. Everett Koop. MD Surgeon General US Public Health Service, 1987 -7 989 Prop. 188 Contains "Phony" Protections for Children CIties and Counties Oppose Prop. 188 These cities and counties passed resolutions against Prop. 188. . Increases exposure of workers and the pub- lic to cancer-causing secondhand smoke. . Repeals California's new statewide smoke- free law and the California Indoor Clean Air Act of 1976. . Permits smoking in restaurants (25% of seating) if ventilation standards are met and signs are posted. . Permits smoking in workplaces: private offices, conference rooms and 25% of employee cafeteria space if certain ventila- tion standards are met . Ventilation standards require removal of the smell of smoke, not the harmful chemicals. . Increases some penalties for selling tobacco to children, but eliminates key investigation and enforcement techniques. . Bans tobacco billboards within 500 feet of a school, but billboards are best viewed from that distance. No restrictions on tobacco marketing to children at "eye level." Joe Camel window displays can be anywhere. . Prohibits community groups from conduct- ing "sting" operations to test compliance with laws against tobacco sales to minors. Requires already overburdened police to enforce teen tobacco laws. Prop. 188 Sacrifices Public Health Prop. 188 Costs Money and Lives Studies show that Prop. 188 will have enormous health and Financial costs. . 1,400 additional smoking-related deaths per year . 1 million more workers exposed to second- hand smoke . $110 million in increased direct medical costs per year due to smoking . $1 million per year in costs to the State of California to administer 188 Prop. 188 Outlaws Local Control . Eliminates 300 local anti-smoking ordi- nances covering a majority of cities in California. . Prohibits local communities from passing any tobacco control ordinances in the future. . Prohibits local communities from regulating tobacco advertising aimed at children. Beverly Hills Menlo Park San Francisco Burlingame Monterey San lose Davis County San Luis Del Mar Moorpark Obispo EI Cajon Oakland County , Fremont Ojai Santa Clara ~ Gilroy Pasadena Santa Clara County , Huntington Rancho ~ Park Mirage Santa Cruz Laguna Beach Rohnert Park Santa Cruz ~ Lodi Roseville County Long Beach Sacramento Sunnyvale Los Angeles Sacramento Union City County Walnut Creek San Diego The League of California Cities is urging No on 7881 Before it's over, hundreds of communities will reject Prop. 188 and the tobacco industry's attempt to prohibit local control. ...plus $65 million In extra profits for the tobacco Industry "This initiative is a deception, plain and simple, a fraud upon the public ... a sham to be scorned and rejected." Los Angeles Times April 77, 1994 Add your city or county's name to the list. For a sample No on Prop. 188 endorsement resolution, call: 1-800-ACS-2345 Coalition for a Healthy California c/o American Lung Association 2750 Fourth Avenue San Diego, CA 92103 Attention: Debbie Kelley It's Time t() nUht l3at:k...And Crush the T()bat:t:() Vat:k% o Please place (name of individual or organization) on your list of those who are opposed to the Philip Morris initiative, entitled Smoking and Tobacco Products. Statewide Regulation. o I am enclosing/sending a contribution of $ for the Public Education Campaign. o Contact me with more information on how I can help out. Name Title Street Address City Day Phone Organization FAX State CA Zip 5/:;..// ~'t. ~~ SouthwEstern College ~-"''''-'~' ,.,..,_.".~. -, P /5\ r; ,1'7 f; ;'~1 [rj 1.~~~.1.6~~:'] W I . ctry' Cl~~~\~!~l r;". "Ie\., CH~llA It,S fA. CA Josepf1 M Conte Supennten deilt /Prcsident , "ECEIVED .,. U 31 P 3 :.40 IH [~~~~~~~t AUGUST \' 23/ 1994 GovernIng Board Augie BOr9rlt> Bill BlanK, J D G Gordon Browf'I'llig. DN,D JcrryJ Griffith rl.oriO Neves-Permo., THE HONORABLE TIM NADER, MAYOR CITY OF CHULA VISTA 276 FOURTH AVENUE CHULA VISTA, CA 91910 DEAR MAYOR NADER: FOR THE PAST SEVERAl, YEARS I HAVE INDICATED TO CITY OFFICIALS THAT THE INTERSECTIONS OF OTAY LAKES ROAD AND ELMHURST STREET AND OTAY LAKES ROAD AND GOTHAM STREET ARE EXTREMELY DANGEROUS, NOT A SEl1ESTtR PASSES WITHOUT AT LEAST ONE SERIOUS VEHICULAR OR PEDESTRIAN ACCIDENT OCCURING AT BOTH LOCATIONS. THESE ACCIDENTS DO NOT ONLY INVOLVE COLLEGE STU- DENTS, BUT LOCAL RESIDENTS AS WELL. AGAIN, TODAY, A VERY SERIOUS VEHICULAR AtCIDENT TOOK PLACE AT THE INTERSEC1'ION OF OTAY LAKES ROAD AND ELMHURST S1'REET, THE ACCI Df,NT INVOLVED 1'HRl-;E VEHICLES AND INCLUDED DRIVEI( INJURIES / !<.S 'tli;U. AS SEVERE VEHICULAR DAMAGE. AS I HAVE REPEATEDLY SAID TO MEMBERS OF THE CITY COUNCIL AND ClTY STAFF I BOTH THE EU1HURST AND GOTHAl1 INTERSECTIONS ARE "ACC I DENTS WAITING TO HAPPEN." THE COLLEGE COMMUNITY APPRECIlI'fED YOUR EFFORTS TO ATTEMPT EMERGENCY ACTION REGARDING THE INSTALLA'rION OF A SIGNAl, LIGH'l' AT OTAY LAKES ROAD AND GOTHAM STREET; HOWEVER, IT IS BECOMING In- CREASINGLY APPARENT 'fRAFFIC LIGHTS ARE NEEDED AT BOTH THE ELMHJnST AnD GOTHAM STREET INTERSECTIONS. --- Cc IN THE INTEREST OF PUBLIC SAFETY I IMPLORE YOU AND THE ME~lBERS OF THF: CITY COUNCIL 1'0 RECONSIDER AND MOVE POSTHASTr: TO INSTALL TRAFFIC SIGNAL LIGHTS AT THESE TWO INTERSECTIONS TO PREVENT FUTURE SERIOUS ACCIDENTS AND THE POSSIBLE r.oSS OF HUI,IAN LIFE, : . _ ('1)4CERELY / ~ r;y.-- . . ~ - I' ( ~ . ~ . ... . , O!~,,-I1A.. VWA- (;-- h ? tP~J'lIRr" . ~l". ' , ~. ~~~.~.. N~EN~~~~7PRESIDENT ~~~:A~EMBERS OF ::E GO!!~~~ B~9MMUNICATIOI~S MEMBERS OF CHULA VISTA CITY -:&:-, ~ COUNCIL c::/- ( '7 ~ A . CHULA VISTA CITY MANAGER ,/,,:9';/ STAR-NEWS f'~ .. / 482-6301 900 OIOY lakes Rood .Chulo Vista, CA 91910. (619) @l-&7-OO >AX (619) 421.0346 . Southwestern Cornrnuc, tv College D"tri~/