COMPLETED BOARD ORDER"�|E�}�S-1
Before the Board of Supervisors in and for the
County of Monterey, State of California
Consider adoption of an Ordinance amending
Section 10.70.080 and repealing Section 10.70.120
of the Monterey County Code relating to indoor
smoking restrictions
Upon motion of Supervisor Potter, seconded by Supervisor Armenta, and carried by those
members present, the Board hereby:
Consider adoption of an Ordinance amending Section 10.70.080 and repealing Section
10.70.120 of the Monterey County Code relating to indoor smoking restrictions.
CONTINUED TO A DATE UNCERTAIN this 11th day of January 2011, by the
following vote, to wit:
AYES: Supervisors Armenta, Calcagno, Salinas, Parker, Potter
NOES: None
ABSENT: None
1, Gail T. Borkowski, Clerk of the Board of Supervisors of the County of Monterey, State of California,
hereby certify that the foregoing is a true copy of an original order of said Board of Supervisors duly made
and entered in the minutes thereof of Minute Book 75 for the meeting on January 11, 2011.
Dated: January 21, 2011 Gail T. Borkowski, Clerk of the Board of Supervisors
County of Monterey, State of California
Deputy
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SIGNED BOARD REPORT"�|E�z�MONTEREY COUNTY BOARD OF SUPERVISORS
MEETING: January 11, 2011-10:30 a.m. AGENDA NO.: S-1
SUBJECT: Consider adoption of an ordinance amending Section 10.70.080 and repealing
Section 10.70.120 of the Monterey County Code relating to indoor smoking
restrictions.
DEPARTMENT: Health Public Health Bureau
RECOMMENDATION:
It is recommended that the Board of Supervisors consider adoption of an ordinance amending
Section 10.70.080 and repealing Section 10.70.120 of the Monterey County Code relating to
indoor smoking restrictions.
SUMMARY/DISCUSSION:
This matter was set by Board action on December 14, 2010.
Section 10.70.080(A)(2)
Chapter 10.70 of the Monterey County Code, also known as the Smoking Pollution Control
Ordinance," prohibits smoking in all public places and in places of employment. Subsection
10.70.080(A)(2) of the Monterey County Code, adopted in 1994, expressly exempts bars from
the indoor smoking restrictions set forth in Chapter 10.70. California Labor Code section
6404.5, enacted by the State Legislature in 1995, prohibits smoking of tobacco products in places
of employment, including bars. Section 10.70.080(A)(2) is in direct conflict with state law and,
therefore, should be repealed.
Section 10.70.120
Section 10.70.120, adopted in 1994, grants the County Health Officer authority to exempt a
business or other facility from the indoor smoking restrictions of Chapter 10.70 of the Monterey
County Code if the County Health Officer finds that the business or facility permits only adults
18 years of age or older to enter; a majority of the customers who regularly and continuously
patronize the business or facility are regular smokers; and a significant portion of these
customers will not patronize the business or facility if they are prohibited from smoking. Labor
Code section 6404.5, prohibiting smoking in an enclosed space at all places of employment in
California, supersedes and pre-empts local enforcement of the earlier adopted Section 10.70.120.
Labor Code section 6404.5 allows local governments to adopt or enforce local laws that impose
stricter indoor smoking restrictions. On the other hand, section 6404.5 prohibits local
governments from adopting or enforcing local laws that loosen state indoor smoking restrictions.
Section 10.70.120 is in direct conflict with state law and, therefore, should be repealed.
OTHER AGENCY INVOLVEMENT:
County Counsel has approved the ordinance as to form.
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SIGNED BOARD REPORT"�|E�z�FINANCING:
There is no financial impact to the General Fund.
Prepared by:
Approved by:
Kathy Hinson, Ray BSlick,
Management Analyst II Director of Health
796-1286
Date: 1 Z LJ /
Attachment: Ordinance
cc: Charles J. McKee, County Counsel
Michael Miller, Auditor-Controller
Date: /Z /- h
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