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HomeMy WebLinkAboutOrdinance #3202 ORDINANCE NO. 3202 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE BY AMENDING CHAPTER 9 . 08 THEREOF ENTITLED "SMOKING PROHIBITED" is ii The City Council of the City of Huntington Beach does hereby ordain as follows : SECTION 1. That Section 9 . 08 . 080 of the Huntington Beach Municipal Code is hereby amended to read as follows : 9 . 08 . 080 Eating establishments--Smoking prohibited. (a) Any person owning, managing, operating, or having control of an eating establishment or restaurant which has an approved occupant load of 25 persons or more shall provide and maintain a nonsmoking section of not less than 75 percent (75%) of the enclosed area for seating patrons which is not part of a patio, outdoor eating area, or that portion of the premises used primarily for the sale of alcoholic beverages . The requirements of this section shall not apply to any room or rooms in a restaurant or eating establishment which may be reserved for private functions . The nonsmoking section referred to herein shall be increased to one hundred percent (100%) of the aforesaid enclosed area on January 1, 1995 . is (b) Any person owning, managing, operating, or having control of an eating establishment or restaurant which has an approved occupant load of 24 persons or less shall provide and maintain a nonsmoking section of not less than 100 percent (100%) of the enclosed area for seating patrons which is not part of a patio, outdoor eating area, or that portion of the premises used primarily for the sale of alcoholic beverages . The requirements of this section shall not apply to any room or rooms in a restaurant or eating establishment which may be reserved for private functions . i 7/6/93 :209 : sg -1- EI Ord. No, 3202 � SECTION 2 . That Chapter 9 . 08 of the Huntington Beach Municipal Code is hereby amended to add new Section 9 . 08 . 160 to read as follows : 9 .08 . 160 Tobacco Vending Machines Prohibited. No cigarette or other tobacco product may be sold, offered for sale, or distributed by or from a vending machine or other appliance, or any other device designated or used for vending purposes . PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 2nd day of August 1993 . Mayor ATTEST: APPROVED AS TO FORM: City Clerk City Attorney f'Jz INITIATED, REVIEWED AND APPROVED: ity Adminis ff ator is is i li i I: 7/6/93 :209 : sg -2- Ord. No.. 3202 STATE OF CALIFORNIA } COUNTY OF ORANGE ss: CITY OF HUNTINGTON BEACH I, CONNIE BROCKWAY, the duly elected, qualified City Clerk of the City 9 of Huntington Beach and ex-officio Cleric of the City Council of the said City, do hereby certify that the whole number of member f he C' it s o t it Council of the City of Huntington Beach is seven; y y s 9 1'. that the foregoing ordinance was read to said City Council at a regular r meeting therof held on the 19th day of July 19 93 and was again read to said City Council at a regular 9 y g meeting therof held on the 2nd day of August 1993 and was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council . AYES: Councilmembers: Bauer; Moulton-Patterson, Winchell , Silva, Sullivan, Leipzig NOES: Councilmembers: Rob-i to i I l e ABSENT: Councilmembers: None t CM* Bros -way CITY OURK of ttm C-4 of W ntington Beach and exofficio Cie*of the City Council,do hereby Mff S ;s �that a Y m ps of tt i s ordinance#� R as boon published �shy in the Daily'. p a y�"0ton City Clerk and ex-officio Clerk 1 Z i9Q of the City Council of the City In accordarEce with 6 QY Chae of said City. of Huntington Beach California Conner; Srockwa CityCterff. putt'City Clerk