HomeMy WebLinkAboutAGENDA REPORT 1994 1005 CC REG ITEM 11KAGENDA REPORT
CITY OF MOORPARK
-- / r
ITEM I I •
K. C _
J
.CTION*/0/
o
BY
TO: Honorable City Council
FROM: Mary R. Lindley, Assistant to the City Managern�
DATE: September 29, 1994 (CC Meeting of November 5)
SUBJECT: Consider Proposition 188, Smoking and Tobacco
Products
Background
Preposition 188 on the November ballot w. -uld repeal and preempt
local smoking and tobacco regulation if approved by the voters.
While it would prohibit smoking in public places it contains
significant exemptions and would impact the City of Moorpark's
recently adopted Smoking Ordinance.
Attached is a summary of Proposition 188 rind a resolution opposing
the initiative.
Recommendation
Direct staff as deemed appropriate.
00299
188
ill II
56
Smoking and Tobacco Products. Local Preemption.
Statewide Regulation. Initiative Statute.
Official Title and Summary Prepared by the Attorney General
SMOKING AND TOBACCO PRODUCTS. LOCAL PREEMPTION.
STATEWIDE REGULATION. INITIATIVE STATUTE.
• Repeals and preempts local smoking and tobacco regulations. Repeals and replaces existing
statewide smoking and tobacco regulations. Permits amendment of tobacco regulations by
two-thirds vote of Legislature.
• Bans public smoking with significant exceptions. Permits smoking sections in restaurants and
employee cafeterias with conditions. Bars not regulated. Permits smoking in private offices, and
business conference rooms with occupants' consent. Exempts from smoking regulations gaming
clubs, bingo establishments, racetracks, sports facility private boxes and smoking lounges.
• Regulates location of tobacco vending machines and billboards. Increases penalties for tobacco
purchases by minors.
Summary of Legislative Analyst's
Estimate of Net State and Local Government Fiscal Impact;
• Likely, but unknown, annual increase in state and local government health care costs and state
tobacco tax revenues.
• State enforcement costs )f less than $1 million annually.
t
00300
I
to
re,
19(
ref.
loc
pr(
c
i
a.
v
r i
G94 GS
RESOLUTION NO. 94-
A RESOLUTION OF THE CITY OF MOORPARK
OPPOSING PROPOSITION 188 TO ABOLISH
LOCAL SMOKING REGULATIONS AND
INCREASE HEALTH RISKS FROM SECOND-
HAND SMOKE
WHEREAS, tobacco use is responsible for the deaths of
over 400,000 Americans 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 second -hand smoke kills an
estimated 40,000 persons every year; and
WHEREAS, the State of California, as well as many
counties and municipalities, conduct aggressive public
education campaigns to discourage tobacco use, particularly
among children; and
WHEREAS, the City of Moorpark passed an ordinance in July
1993 which prohibits smoking in most public places and places
of employment, including restaurants, in order to protect
people against exposure to ETS; and
WHEREAS, the Governor of California recently signed state
legislation that prohibits smoking in most public places and
places of employment in order to protect people against
exposure to ETS; and
WHEREAS, an initiative entitled, "The California Uniform
Tobacco Control Act" (Proposition 188), will appear on the
November ballot and, if approved by the voters, would repeal
the recently approved statewide law and all local smoking -
control ordinances, including that adopted by the City of
Moorpark, and replace them with a new law that would permit
smoking in every restaurant and workplace in the State; and
WHEREAS, the ventilation standards adopted in the
initiative for application to indoor smoking will remove the
odor of tobacco smoke from the air, but will not eliminate
cancer - causing substances which pose a threat to public
health; and
WHEREAS, approval of Proposition 188 will prohibit any
attempt by either a legislative body or voter initiative or
ballot measure to regulate the sale, distribution, production,
advertising, sampling, promotion, display, or smoking of any
tobacco product; and
WHEREAS, the primary sponsor of this initiative is Philip
Morris, Inc., the largest cigarette manufacturing company in
the world;
00301
NOW, THEREFORE, BE IT RESOLVED that the City of Moorpark
opposes the ballot initiative known as Proposition 188 and
urges residents to vote "no" on November 8, 1994.
APPROVED AND ADOPTED THIS day of , 1994.
Paul W. Lawrason Jr, Mayor
ATTEST:
City Clerk
00302