By Khalida Sarwari
Saratoga’s elected officials are considering making changes to the city’s smoking and tobacco retailer license regulations, which could impact, among other places, workplaces, multi-family apartment complexes and service areas.
The council voted on July 6 in favor of an amended ordinance to bring smoking regulations in line with state regulations. The updated ordinance prohibits smoking in all dining areas, including enclosed and open spaces with tables or counters that are open to the public and are used for eating and drinking; in the common areas of all hotels and multifamily developments, such as hallways, courtyards, pool areas and playgrounds; in most workplaces, including outdoors; and in new multi-family apartment complexes. Owners of these complexes would be required to include a clause in renter leases prohibiting smoking in all areas of the complex, including individual units and private balconies or patios.
The ordinance would also prohibit smoking at any event that requires a special event permit, excluding adult-only events, in service areas, such as ATM lines, bus stops and ticket kiosks, and within 20 feet from any entrance to an area where smoking is prohibited, such as restaurants and workplaces.
The regulations were modeled after existing ones in Santa Clara and San Mateo counties, the town of Los Gatos and the cities of San Jose, Campbell, Burlingame, Menlo Park, Palo Alto, Cupertino, Morgan Hill, Mountain View and Santa Monica.
The ordinance also places certain criteria on the location of tobacco retailers. For example, similar to the regulations adopted by Santa Clara County and the city of Gilroy, tobacco retailers in Saratoga that are established after Sept. 16 would be prohibited from being located within 500 feet of another tobacco retailer, within 1,000 feet of a school or within 1,000 feet of a city park.
What’s more, the ordinance would change the reference to the smoking age as 18 to say instead “the minimum age to purchase as set by state law.” In addition, the ordinance would prohibit retailers from employing anyone under the age of 18, as well as permitting employees under the minimum age to purchase tobacco products.
A grant from the Santa Clara County Public Health Department, which funded development of the city’s tobacco retailer licensing ordinance, will go toward covering the costs associated with researching and preparing the updated ordinance, in addition to public outreach costs.
The second reading of the ordinance will take place at the next council meeting on Aug. 17. If approved, the ordinance would go into effect Sept. 17.
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