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HomeMy WebLinkAbout2246-03 - ADMIN Ordinance - City Council - 2003/08/18• • • ORDINANCE NO. 2246-03 AN ORDINANCE AMENDING SECTION 8-258 OF THE ST. LOUIS PARK CODE OF ORDINANCES RELATING TO THE TESTING AND DISCLOSURE OF ENVIRONMENTAL TOBACCO SMOKE IN FOOD AND BEVERAGE ESTABLISHMENTS THE CITY OF ST. LOUIS PARK DOES ORDAIN: SECTION 1. Section 8-258 of the St. Louis Park Code of Ordinances is amended to read in its entirety as follows: Sec. 8-258. Regulations and Standards. All food and beverage establishments and food vending machines licensed under this subdivision shall comply with the city's food code as set forth in section 12-1 of this Code. (Ord. No. 2181-00, § 4(16-304C.), 11-6-2000; Ord. No. 2198-01, § 2, 5-21-2001) (b) Except for smoke-free establishments, all food and beverage licensees providing indoor seating for consumption of prepared food and beverage products shall be subject to the following testing and disclosure of environmental tobacco smoke requirements: (1) A testing surcharge fee to be paid in addition to the regular license fee. (2) Licensee shall allow the city or designated representative access to the licensed premises to perform collection of air samples from the designated non-smoking section a minimum of three times per year. Collection times will be randomly selected by the city and occur during the establishments normal business hours. Two air samples of 100 liters each will be collected simultaneously by equipment placed on tables or stands separated by a distance of not less then half the distance of the area being sampled. The licensee shall ensure that the sampling equipment is not disturbed or tampered with for the duration of the test. (3) Collected samples will be laboratory analyzed for nicotine concentration using NIOSH (National Institute on Occupational Safety and Health method 2544). The results of all samples for each establishment will be averaged for the year. The resulting average nicotine concentration will be identified in micrograms per cubic meter. (4) Each establishment will be provided with a business specific disclosure notice(s) with the annual license. The notice(s) shall be placed by the licensee on the inside of all transparent entrance door(s) or sidelights into the establishment so as to be visible for the entering public and employees. When no translucent material is present at the entrance door(s), then the disclosure notice(s) shall be located on an interior side wall adjacent to the entrance door(s) approved by the city as the most visible location for the entering public. Only a single sign is needed for each entrance door or pair of doors when the doors are together. Each disclosure notice shall Ordinance No. 2246-03 -2- identify the food and beverage establishment by name, disclosure to the public that they may be exposed to environmental tobacco smoke in the non-smoking seating section, and the average level of nicotine sampled. New disclosure notices will be issued for each calendar year. (5) Establishments shall make available public education pamphlets, supplied by the city, providing information on environmental tobacco smoke and the disclosure notice. Pamphlets shall be displayed on a wall or tabletop dispenser in an easily accessed location as near to each disclosure notice as practically possible. The establishment is responsible to maintain a supply of the pamphlets on display and must notify the city if additional pamphlets are needed. (6) The public education pamphlets on environmental tobacco smoke and a training session explaining the disclosure notice shall be provided to every employee by the licensee within thirty days of the initial disclosure notice posting and at the time of hire for new employees. (7) Establishments making substantial improvements in building design or mechanical operating systems intended to reduce environmental tobacco smoke concentrations may request additional samples be collected and any relevant improvement be identified with a revised disclosure notice. (8) In order for an establishment to be considered smoke free and exempt from the requirements, it must prohibit the smoking of tobacco products within the building and have signage indicating a non-smoking environment at all public entrances. Signage must include, but is not limited to, the international non-smoking symbol with a minimum 3 5 - inch cross dimension SECTION 2. Effective Date. This Ordinance shall be effective fifteen (15) days after its passage and publication. ADOPTED this 18th day of August, 2003, by the City Council of the City of St. Louis Park. Reviewed for Administration anager Adopted by the City Council August 18, 2003 Attest: Approved as to Form and Execution. 5Cyl="*--c • • ,, A *1-- • City Attorney • STATE OF MINNESOTA) SS. newspapers AFFIDAVIT OF PUBLICATION COUNTY OF HENNEPIN) Richard Hendrickson, being duly sworn on an oath states or affirms, that he is the Chief Financial Officer of the newspaper known as Sun -Sailor , and has full knowledge of the facts stated below* (A) The newspaper has complied with all of the requirements constituting qualification as a qualified newspaper, as provided by Minn. Stat. §331A.02, §331A.07, and other applicable laws, as amended. (B) The printed public notice that is attached was published in the newspaper once each week, for one August successive weeks; it was first published on Thursday, the 28 day of , 2003, and was thereafter printed and published on every Thursday to and including Thursday, the day of , 2003; and printed below is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being the size and kind of type used in the composition and pub • no t e otice: abcdefghgklmnopgrst vwxyz • Subscribed and sworn t+ or affirm- before me oh his .5 day of t;f1A 4 IP 2003. Nota P91 MERIDEL M HED M NOTARY PUBLIC -MINNESOTA MY COMMISSION EXPIRES 1.31.2005 co s RATE INFORMATION (1) Lowest classified rate paid by commercial users for comparable space (2) Maximum rate allowed by law (3) Rate actually charged City of St. Louis Park (Official Pubhcation) SUMMARY ORDINANCE NO. 2246-03 AN ORDINANCE AMENDING SECTION 8-258 OF THE ST. LOUIS PARK CODE OF ORDINANCES RELATING TO THE TESTING AND DISCLOSURE OF ENVIRONMENTAL TOBACCO SMOKE IN FOOD AND BEVERAGE ESTABLISHMENTS This ordinance states that Section 8-258 is amended to in- clude provisions whereby food and beverage licensees which allow smoking and which provide indoor seating for consumption of prepared food and beverage products shall be subject to testing and disclosure of environmental to- bacco smoke requirements, and shall be required to par- ticipate in a public -awareness campaign regarding the dangers of second-hand smoke This ordinance shall take effect 15 days after publication Adopted by the City Council August 18, 2003 Jeffrey W Jacobs /s/ Mayor A copy of the full text of this ordinance is available for in- spection with the City Clerk J , (August 28, 2003)A3/Ord 2246-93 BY. CFO $ 2.85 per line $ 6.20 per line $ 1.40 per line