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ORD 205ORDINANCE NO. 205 AN ORDINANCE OF THE CITY OF LA QUINTA, CALIFORNIA AMENDING CHAPTER 6.12 OF THE LA QUINTA MUNICIPAL CODE RELATING TO THE REGULATION OF SMOKING IN PUBLIC PLACES WHEREAS, the City Council of the City of La Quinta ("City") adopted Ordinance No. 200 on January 7, 1992 which added Chapter 6.12 of the La Quinta Municipal Code relating to the regulation of smoking in public places (1) to protect the public health and welfare by prohibiting smoking in public places except in designated smoking areas, and by regulating smoking in places of employment; and (2) to strike a reasonable balance between the needs of persons who smoke and the need of non-smokers to breath smoke -free air, and to recognize that, where these needs conflict, the need to breathe smoke -free air shall have priority; and WHEREAS, the City Council wishes to amend the La Quinta Municipal Code, Chapter 6.12, to include regulations of smoking in restaurants. NOW, THEREFORE, THE CITY COUNCIL DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Chapter 6.12.030 of the La Quinta Municipal Code is hereby amended as follows: .Add to Section 6.12.030: 1113. Restaurants, subject to the provisions of Chapter 6.12.045." Section 2. Chapter 6.12.045 is hereby added as follows: 116.12.045 Regulation of Smoking in Restaurants A. All restaurants shall maintain a nonsmoking enclosed serving area of not less than (i) fifty percent (50%) as of September 1, 1992 and (ii) seventy-five percent (75%) as of September 1, 1995. Alternatively, all restaurants may provide separate rooms for smokers and nonsmokers provided that the rooms designated for smoking do not contain less than the stated above percentages and time frames. Notwithstanding the above, restaurants may allow smoking in private dining areas which shall be defined as a confined area or areas occupied on a reserve -only basis. Ordinance No. 205 B. No ashtrays may be located upon any table in the non- smoking area. Patrons shall be advised prior to being seated of their right to be seated in either the smoking or non- smoking section of the restaurant. C. This Chapter 6.12.045 shall become operative September 1, 1992." Section 3. Chapter 6.12.050 is hereby amended to delete the following: 115. Restaurants." The foregoing ordinance was introduced at a regular meeting of the City Council of the City of La Quinta on the 5th day of May, 1992, and was passed and adopted by the following vote: AYES: Council Members Bohnenberger, Franklin, Sniff & Mayor Pena NOES: Council Member Rushworth ABSENT: None ABSTAIN: None (,)i L) a pw, JOHN J. PENA, Mayor City of La Quinta, California A;UNDR�AL. T: �JUHOCA City Clerk DAWN_H0NEYWEL'.U_,_Cit3f Attorney City of La Quinta, California STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF LA QUINTA ) I, SAUNDRA L. JUHOLA, City Clerk of the City of La Quinta, California, do hereby certify the foregoing to be a full, true and correct copy of Ordinance No. 205 which was introduced at a regular meeting held on the 21st day of April and adopted on the 5th day of May, 1992, not being less than 5 days after introduction thereof. I further certify that the foregoing ordinance was posted in three (3 places within the City of La Quinta as specified in a re ,ution of the City Council. SAUNDRA L. JUHOLA, City Clerk City of La Quinta, California DECLARATION OF POSTING I, SAUNDRA L. JUHOLA, City Clerk of the City of La Quinta, I 'rnia do hereby certify that the foregoing Ordinance was on May 1i, 1992 pursuant to City Council Resolution. A L. JUHOLA, City Clerk City of La Quinta, California