TOWN COUNCIL

PURPOSE OF WORKSHOP ITEM Staff was directed by Council to place this item on an upcoming workshop agenda. DESIRED OUTCOME The desired outcome for this item is for the Council to hear a presentation by the Teton County Tobacco Prevention Coalition that is advocating for an overall smoke free ordinance for the corporate limits of the Town of Jackson. At this point there is no desired outcome for action from the Council, any action would be at their discretion. BACKGROUND/ALTERNATIVES

In May of 2007, several groups spoke at the Town Council meeting advocating for a smoke free Ordinance for the Town of Jackson. Those groups included the Teton County Tobacco Prevention Coalition and the Teton County Public Health Department. At that time the Council thanked the presenters for the information and chose to take no action on the item. Additionally, in November of 2007 there was a student presentation to the Town Council advocating for a smoke free Ordinance in the Town of Jackson. The Town Council took no action on this date. It is staff’s understanding that there may be only a handful of establishments in the Town of Jackson that have not gone smoke free. The benefits of listening to the presentation will be that the Council has received more information regarding the reasons behind advocating for a smoke free ordinance. There may be aspects of the smoke free ordinance that have not yet been considered. The Council can then take this information into consideration before taking any kind of action.

The Tobacco Prevention group will be distributing binders to the Mayor and Council at some point prior to the meeting. The documents for the binder are in .pdf version and are available on the website. Michael Farraday indicated he would make a very brief presentation as part of this discussion item. After hearing the presentation, there are many alternatives available to the Council. Some of these alternatives are outlined below: 1. The Council can choose to take no action on the proposed ordinance. 2. The Council can choose to direct staff to research further issues regarding passage of this ordinance. 3. The Council can choose to direct staff to place this ordinance on an upcoming agenda for first reading.

TOWN COUNCIL WORKSHOP AGENDA DOCUMENTATION

PREPARATION DATE: June 12, 2003 SUBMITTING DEPARTMENT: Administration MEETING DATE: April 21, 2008 DEPARTMENT DIRECTOR: Bob McLaurin PRESENTER: Bob McLaurin SUBJECT: Smokefree Ordinance Discussion

STAKEHOLDER ANALYSIS A smokefree ordinance would affect: 1. Smokers in public places 2. Patrons of establishments not already smoke free who smoke 3. Patrons of establishments not already smoke free who do not smoke but are subject to second hand

smoke. 4. Employees of establishments not already smoke free 5. Establishments not already smoke free 6. Patrons of areas within 20 feet of public places 7. Public Works crews, Parks & Rec crews, and contracted cleaning crews responsible for cleaning

up cigarette debris in public places. A smokefree ordinance may also affect: 1. Establishments selling tobacco products FISCAL IMPACT

There is no fiscal impact to the Town listening to the presentation or of directing staff to place this ordinance on the agenda for adoption. The fiscal impact for adoption and enaction of the ordinance would include advertising costs, code updates, and signage. The Council may want to consider the fiscal impact to businesses in the community that might be adversely impacted by adopting this ordinance. Other communities have had referendum elections as a result of implementing a smoke free ordinance and this would result in substantial costs to the Town of Jackson, in the neighborhood of $10,000.

STAFF IMPACT

There is no staff impact to the Town of listening to the presentation or of directing staff to place this ordinance on the agenda for adoption. The staff impact for adoption of the ordinance would include advertising, code updates, signage installation, and ultimately, enforcement. Other communities have had referendum elections as a result of implementing a smoke free ordinance and this would result in substantial staff time.

LEGAL ISSUES There are no legal issues associated with the Council hearing the presentation regarding a smoke free ordinance. Should the Council direct staff to proceed with ordinance preparation and adoption, the ordinance would require legal review. ATTACHMENTS Draft Smokefree Ordinance Presentation Materials from Teton County Tobacco Prevention Coalition

ORDINANCE NO. ____

AN ORDINANCE PROHIBITING SMOKING IN PUBLIC PLACES AND PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF JACKSON, WYOMING, IN REGULAR SESSION DULY ASSEMBLED THAT: WHEREAS, Numerous peer reviewed studies have found that tobacco smoke is a major contributor to indoor air pollution and that breathing secondhand smoke is a cause of disease in healthy non-smokers, including heart disease, stroke, respiratory disease, and lung cancer. At special risk are children, elderly people, individuals with cardiovascular disease, and individuals with impaired respiratory function, including asthmatics and those with obstructive airway disease; and WHEREAS, Health hazards induced by breathing secondhand smoke include lung cancer, heart disease, respiratory infection, and decreased respiratory function, including broncho-constriction and broncho-spasm; and WHEREAS, A significant amount of secondhand smoke exposure occurs in the workplace. Employees who work in smoke-filled businesses suffer a 25 to 50% higher risk of heart attack and higher rates of death from cardiovascular disease and cancer, as well as increased acute respiratory disease and measurable decrease in lung function. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF JACKSON, WYOMING, IN REGULAR SESSION DULY ASSEMBLED THAT: SECTION I. By virtue of the power granted by Wyoming Statute §15-1-103(a)(xli), the Town Council of the Town of Jackson finds and declares the purpose of the ordinance codified herein is to protect the public health and welfare by prohibiting smoking in public places and places of employment to guarantee the right of nonsmokers to breathe smoke free air and to recognize that the need breathe smoke free air shall have priority over the desire to smoke.. SECTION II CHAPTER 8.35 SMOKING IN PUBLIC PLACES 8.35.010 DEFINITIONS

A. As used in this chapter, the following terms shall have the following meanings:

1. “Business” means any legal entity including, but not limited to, sole proprietorship, partnership, joint venture, corporation, limited liability company, or other business entity whether formed for profit making or nonprofit purposes, including retail establishments where goods or services are sold, as well as professional corporations and other entities where legal, medical, dental, engineering, architectural, or other professional services are delivered.

2. “Jackson/Teton County Parks and Recreation Facilities” includes, but is not limited to, facilities where youth soccer, baseball, skateboarding, skating, and any other youth activities occur, whether the facility is enclosed or not.

3. “Employee” means any person who is employed by an employer in consideration for direct or indirect monetary wages or profit, and a person who volunteers his or her services for a nonprofit entity.

4. “Employer” means a person, business, partnership, association, corporation, trust, nonprofit entity, or a municipal corporation that employs the services of one or more individual persons.

5. “Enclosed area” means all space between a floor and ceiling that is enclosed on all sides by solid walls or windows, exclusive of doorways, which extend from the floor to the ceiling.

6. “Health care facility” means an office or institution providing care or treatment of diseases, whether physical, mental, or emotional, or other medical, physiological, or psychological conditions including, but not limited to, hospitals, rehabilitation hospitals or other clinics, including weight control clinics, nursing homes, homes for the aging or chronically ill, laboratories, and offices of surgeons, chiropractors, physical therapists, physicians, dentists, and all specialists with these professions. This definition shall include all waiting rooms, hallways, private rooms, semi-private rooms, and wards with health care facilities.

7. “Outdoor patio” means an outdoor area, open to the air at all times, that is either:

a) Enclosed by a roof or other overhead covering and not more than two walls or other side coverings; or

b) Has no roof or other overhead covering at all regardless of the number of walls or other side coverings.

8. “Performance hall” means any area or facility that is primarily used for the exhibition of any motion picture, stage, drama, lecture, musical recital or other similar

performances including, but not limited to, concert halls and theaters.

9. “Place of employment” means an area under the control of an employer which is intended for occupancy by employees during the course of employment including, but not limited to, work areas, employee lounges, restrooms, conference rooms, meeting rooms, classrooms, employee cafeterias, waiting areas, offices, stairways, and hallways. A private residence is not a “place of employment” unless it is used as a licensed child care, licensed adult day care, health care or pre-school facility, or any other aforementioned business.

10. “Private club” means those organizations or entities defined as a “club” in Wyo. Stat. Section 12-1-101(a)(iii), which are not open to the public.

11. “Public place” means an enclosed area to which the public is invited or in which the public is permitted including, but not limited to, banks, and other financial institutions, publicly funded buildings, public conveyances, recreational facilities, taverns, lounges, bars, educational facilities, health care facilities, laundromats, public transportation facilities, reception areas, restaurants, retail food production and marketing establishments, including grocery stores, supermarkets and stores where food items are sold for on-premises or off-premises consumption, retail service establishments, retail stores, shopping malls, sports arenas, theaters, and waiting rooms. A private residence is not a “public place” unless it is used as a licensed child care, licensed adult day care, health care or pre-school facility.

12. “Public transportation” means, but is not limited to, any enclosed mode of public transportation, including a train, passenger bus, school bus or other vehicle used to transport pupils, and taxi; or a vehicle that is owned by, or operated by a business and is open to the public, including tour vehicles, passenger buses or vans regularly used to transport customers. Notwithstanding the foregoing, a private vehicle not open to the public or not used for the transportation of the public during the times of use, including a private passenger vehicle, a private charter or rental of a limousine, bus or van, shall not be considered public transportation.

13. “Restaurant” means an eating establishment including, but not limited to, coffee shops, cafeterias, and public and private school cafeterias, which gives or offers for sale food to the public, guests, or employees, as well as kitchens and

catering facilities in which food is prepared on the premises and served elsewhere. The term “restaurant” shall include any tavern, lounge or bar area within the restaurant.

14. “Retail sales” means establishments engaged in the sale of goods or merchandise to the general public for personal or household consumption and rendering services incidental to the sale of such goods. A retail sales establishment is usually a place of business and is engaged in activity to attract the general public to make purchases.

15. “Shopping mall” means an enclosed public walkway or hall area that serves to connect retail sale or professional service establishments.

16. “Smoke” or “smoking” means the inhaling, exhaling, burning or carrying of any lighted tobacco product, weed, plant or other combustible product in a smoking instrument or the placement of smoking instruments containing a lighted tobacco product, weed, plant or other combustible product in an ashtray or other receptacle and allowing smoke to diffuse into the air. This definition does not include incense.

17. “Smoking instrument” means any cigar, cigarette, pipe, hookah or water pipe, or any other smoking device.

18. “Sports arena” means sports pavilions, stadiums, gymnasiums, health spas, swimming pools, roller and ice rinks, bowling alleys, and other similar places where members of the general public assemble to engage in physical exercise, participate in athletic competition, or witness sports or other events.

19. “Tavern, lounge or bar” means any establishment open to the public whose primary source of revenue is from the sale of alcoholic liquor and malt beverages for consumption by guests on the premises and in which the serving of food is only incidental to the consumption of such beverages including, but not limited to, taverns, nightclubs, cocktail lounges, and cabarets.

20. “Youth” means any person who has not attained eighteen (18) years of age.

8.35.020 PROHIBITION OF SMOKING IN PUBLIC PLACES

A. Smoking shall be prohibited in all enclosed areas of public places within the town including, but not limited to the following:

1. Galleries, libraries, museums; 2. Areas available to and customarily used by the general

public in businesses and for-profit or nonprofit entities patronized by the public including, but not limited to, professional offices, banks, laundromats, hotels and motels;

3. Bingo and/or pull tab gaming premises; 4. Convention facilities; 5. Elevators; 6. Taverns, lounges, or bars; 7. Health care facilities; 8. Licensed child care, adult day care and pre-school facilities 9. Lobbies, hallways, and other common areas in apartment

buildings, condominiums, trailer parks, retirement facilities, nursing homes, and other multiple-unit residential facilities;

10. Performance Halls; 11. Election polling places; 12. Private Clubs; 13. Restaurants; 14. Restrooms, lobbies, reception areas, hallways, and other

common-use areas; 15. Retail Stores; 16. Places of meeting or public assembly; 17. School Facilities 18. Shopping Malls; 19. Sports arenas and convention halls, including bowling

facilities; 20. Public Transportation 21. Jackson/Teton County Parks and Recreation Facilities 22. All enclosed areas, including buildings and vehicles owned,

leased or operated by the Town of Jackson or the Jackson Hole Airport Board

8.35.030 PROHIBITION OF SMOKING IN PLACES OF EMPLOYMENT

A. Smoking shall be prohibited in all enclosed areas within places of employment including, but not limited to, common work areas, auditoriums, classrooms, conference and meeting rooms, elevators, hallways, medical facilities, cafeterias, employee lounges, stairs, restrooms, public transportation vehicles and all other enclosed facilities.

B. Employers affected by this Chapter shall communicate the provisions of this chapter to all existing employees by the effective date of the ordinance codified in this chapter and to all prospective employees on their application for employment.

8.35.040 DISTANCE TO BE OBSERVED

In order to prevent secondhand smoke from entering a public place or place of employment where smoking is prohibited, every person who is smoking shall smoke a distance of at least twenty (20) feet from all public entranceways, passageways, operable windows or ventilation systems of any enclosed area where smoking is prohibited. Any person who fails to comply with this provision after an oral request to cease smoking by the owner, operator, manager, person having control of the smoke free establishment or enclosed area, Peace Officer, or Municipal Officer shall be in violation of the provisions of this Chapter.

8.35.050 DECLARATION OF ESTABLISHMENT AS NON-SMOKING

Notwithstanding any other provision of this Chapter, an owner, operator, manager, or other person in control of an establishment, facility or outdoor area may declare that entire establishment, facility, or outdoor area as a nonsmoking place. Smoking shall be prohibited in any place in which a sign conforming to the requirements of Section 8.35.080 of this Chapter is posted.

8.35.060 WHERE SMOKING IS NOT REGULATED

A. Notwithstanding any other provision of this chapter to the contrary, the following areas shall be exempt from the provisions of this Chapter:

1. Private residences, except when used as a licensed child

care, licensed adult day care, pre-school, or health care facility.

2. Independent living units for adults, which are used for private residences, provided that smoke from these places do not infiltrate into areas where smoking is prohibited.

3. Hotel and Motel rooms that are rented to guests and are designated as smoking rooms.

4. Outdoor places of employment. 5. Private offices, provided that the private office is not open

to the public, the public is not invited, and the office is not intended for occupancy by employees during the course of their employment.

6. Outside Patios. The opening of any sliding or folding windows or doors or other windows or doors from any part of the border to an outdoor patio shall be closed to prevent the migration of smoke into the enclosed area. If sliding or

folding windows or doors or other windows or doors do not prevent the migration of smoke into the enclosed building are, the outdoor patio shall be considered an extension of the enclosed area and subject to the prohibitions of this Chapter.

7. Private or business vehicles, except those used for public transportation.

8. “Retail Tobacco Shops” which means any enclosed indoor workplace dedicated to or predominantly for the retail sale of tobacco products, and accessories for such products, in which the sale of other products or services is incidental. To enter or be employed in a retail tobacco shop persons must be at least the age of majority.

8.35.070 POSTING OF SIGNS

“No Smoking” signs or the international “No Smoking” symbol (consisting of a pictoral representation of a burning cigarette enclosed in a red circle with a red bar across it) shall be clearly and consipicuously posted in every public place and place of employment where smoking is prohibited by this Chaper.

8.35.080 PENALTIES

A. A person who violates the provisions of this Chapter is guilty of a misdemeanor. B. A person who owns, manages, operates or otherwise controls a public place or

place of employment who knowingly fails to comply with the provisions of this Chapter after receiving oral or written notice from the town shall be guilty of a misdemeanor.

1. In addition to the criminal penalties, violation of this Chapter by a person who owns, manages, operates , or otherwise controls a public place or place of employment may result in the suspension or revocation of any town permit or license issued to the person for the premises on which the violation occurred, pursuant to the ordinance under which the license is issued. Further violation of this Chapter constitutes a public nuisance.

C. Each separate violation of this Chapter shall be considered a separate and distinct

violation. SECTION III.

A. Chapter 8.34 is hereby repealed.

B. All ordinances and parts of ordinances in conflict with the provisions of this ordinance are hereby repealed.

SECTION IV.

If any section, subsection, sentence, clauses, phrase or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate and distinct and independent provision and such holding shall not affect the validity of the remaining portions of the ordinances.

This ordinance shall take effect from and after the date of its publication following approval and adoption. PASSED 1ST READING THE ____ DAY OF ___________, 2007. PASSED 2ND READING THE ____ DAY OF ___________, 2007. PASSED, APPROVED AND ADOPTED THE _____ DAY OF ___________, 2007. TOWN OF JACKSON BY:_____________________ Mark Barron, Mayor _________________________________ Roxanne DeVries Robinson, Town Clerk ATTESTATION OF TOWN CLERK STATE OF WYOMING ) ) ss. COUNTY OF TETON ) I hereby certify that the foregoing Ordinance No. was duly published in the Jackson Hole News and Guide, a newspaper of general circulation published in the Town of Jackson, Wyoming on the day of , 2007. I further certify that the foregoing ordinance was duly recorded on Page of Book of the Ordinances of the Town of Jackson, Wyoming.

April 2008

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TTeettoonn CCoouunnttyy TToobbaaccccoo PPrreevveennttiioonn CCooaalliittiioonn STEERING COMMITTEE Michael Faraday.......................................... Coalition Chair (307) 733-2299 [email protected] Jeremy Besbris ........................................... Diversion Officer, Teton Youth Family Services (307) 733-6440 [email protected] Jessica Yeomans ......................................... Circuit Court Liaison, Teton Youth and Family Services (307) 733-6440 [email protected] Marcia Male ............................................... Wilson Acupuncture and Healing Arts Center (307) 734-0808 [email protected]

ACTIVE COMMUNITY MEMBERS OF THE TETON COUNTY TOBACCO PREVENTION COALITION David Baker ............................................... Clerk, Teton County Circuit Court

Stacey Caesar............................................. SPF/SIG Coordinator – Teton County

Marcia Craighead ........................................ Executive Director, Teton Wellness Festival

Oliver Goss ................................................ Counselor, Jackson Hole Counseling Center

Larry Hamilton ........................................... Chair, Teton Democratic Party

Heather Hunter .......................................... Director of Health Institute, St. John’s Medical Center

Connie Kemmerer........................................ Founder, Teton Wellness Institute, and JHMR, Owner

Cindy Knight .............................................. Director, Van Vleck House

Ruth Moran-Rooks........................................ Teton County School District #1

Brianna Morzov ........................................... Youth Addictions Counselor, Curran-Seeley Foundation

Niki Mueller ............................................... Wyoming Through with Chew Program

Jayne Ottman ............................................ Public and Environmental Health Board

Greg Prugh ................................................ Owner, Prugh Real Estate

Eddie Ryan ................................................ Addictions Counselor, Curran-Seeley Foundation

Joseph Schloss............................................ Chair, Teton Republican Party

Cary Smith ................................................ Dentist, Jackson Family Dentistry

Glenna Weaver ........................................... Dean of Students, Jackson Hole High School

Dan Zivkovich............................................. Chief of Police, Jackson Police Department

mailto:[email protected]





The Coalition is asking the Town Council to protect the youth of Jackson Hole and the long term health and general well being of Jackson residents by passing a Smokefree Ordinance.

Passing such a law will positively impact youth tobacco initiation rates. Multiple studies have demonstrated that throughout the country the most effective program to reduce tobacco consumption at all age levels is the creation of smokefree workplaces, restaurants, and public places (Stanton Glantz, PhD, UCSF’s Center for Tobacco Control Research & Education). Ninety percent of all lifetime smokers start to smoke before the age of nineteen (Campaign for Tobacco Free Kids). An ordinance will also honor the many establishments that have already adopted smokefree policies by providing them with legal support for their decision while highlighting their consistency with community values.

To be most effective, we strongly suggest that Jackson’s Smokefree Ordinance prohibit smoking in all enclosed areas of public places within the town. It could also, according to the Council and community wishes, protect the air just outside of an open door or window by creating a buffer area where people cannot smoke.

The Smokefree Ordinance could be written so that it would not interfere with an individual’s right to smoke in his or her own residence, car or on his/her own private property. It could also contain a “grandfather clause” allowing smoking to continue inside Tobacco Row, Jackson’s retail Tobacco Shop. HOW CAN WE HELP YOU DO THIS?

• A template for a Smokefree Ordinance for Jackson was drafted in May 2007 (see Tab #5)

• Drafting attorney Keith Gingery is available as a consultant

• Coalition members are available as volunteers to try to help reduce staff time during the process

• Additional ordinances from other Wyoming communities are available for review

• Examples of ordinances from other states and localities are also available for review

• We can help provide public education about the ordinance

• We offer our assistance during the implementation process (for example: posting signage, local media campaign, informational materials)

In recognition of the community’s desire for a smokefree wellness environment we are offering any other support the Council finds appropriate to assist you in passing a smokefree ordinance.

ENFORCEMENT

We believe a Smokefree Ordinance would be self enforcing in Jackson because of the significant community support for such a law. According to WYSAC’s 2006 Alcohol and Tobacco Survey, 93% of Teton County residents believe that in indoor work areas, smoking should not be allowed at all. According to the Landings Research Poll (June 2007), 75% of Teton County residents would favor an ordinance that would prohibit smoking in indoor public buildings, restaurants and bars, and 79% of Teton County residents are concerned about the health effects of secondhand smoke.

When enforcement might be necessary, penalties for violating the Smokefree Ordinance could easily be assessed by making an offense a misdemeanor and amending, if necessary, existing Town Ordinance No. 162, Misdemeaners (as amended by Ordinance No. 289, Penalty for Violations [of Town Ordinances]). As such, penalties could include a maximum fine of $750, no jail time and considerable judicial discretion.

Footnote: As of April 2008, 63% of the United States population is currently protected by smokefree laws and six Wyoming communities (Laramie, Cheyenne, Evanston, Rock Springs, Afton and Green River) have passed Smokefree Ordinances.


FREQUENTLY ASKED QUESTIONS ABOUT SMOKEFREE ORDINANCES

Does a smokefree ordinance infringe upon a smoker’s “rights”?

A smokefree ordinance generally restricts smoking in public areas, not in the privacy of a smoker’s home, vehicle or on the smoker’s property.

A smokefree ordinance is designed to protect non-smokers’ (89% of Teton County’s population) “right” to breathe clean air. Should legislation be used to protect the public health?

Legislation is a common tool that is already effectively used in Jackson to protect public health, especially when the lack of protective legislation poses a clear danger. This is evidenced by ordinances as varied as Ordinance 763: Solid Fuel Burning Device (2004) to Ordinance 150: Noise Regulation (1972). Why does Jackson need this ordinance when it is already so smokefree?

An ordinance has been shown to be the most effective tool in preventing youth initiation of smoking. Ninety percent of all lifetime smokers start smoking before the age of 19 (Campaign for Tobacco Free Kids) (See Tab #2)

An ordinance creating smokefree workplaces, restaurants and public access places reduces tobacco use at all age levels. In addition, an ordinance will honor the decision of those establishments that have voluntarily adopted smokefree policies and will prevent recidivism. Are other alternatives to an ordinance as effective?

A national survey database of 110,000 teens concluded that there is no relationship between the presence of ID checks, vendor licensing, civil penalties for violations and youth smoking rates. It did find, however, that communities with local clean indoor air ordinances had lower teen smoking rates (Chaloupka F, Grossman M. Price, tobacco control policies, and youth smoking. Cambridge, MA 02138: National Bureau of Economic Research; 1996.)

Promoting non-smoking as the norm, community by community, is the most effective means to reduce smoking by youth. (American Non-smokers’ Rights Foundation)

How much support is there for a smokefree law in Jackson?

Percentage of Teton County respondents who would vote for a local Smokefree ordinance: 86% (Wyoming Survey and Analysis Center, Alcohol and Tobacco Survey 2006)

Percentage of Teton County residents who would favor an ordinance that would prohibit smoking in indoor public buildings, restaurants and bars: 75% (Landings Research Company, July 2007)

Percentage of Teton County residents who are concerned about the health effects of secondhand smoke: 79% (Landings Research Company, July 2007). (See Tab 4) How easy would it be to enforce a smokefree law in Jackson?

Local tobacco control ordinances usually enjoy a high level of compliance because of the community support for legislation, and the education that accompanies their passage. (American Non-smokers’ Rights Foundation, 2004)

In addition, it can be anticipated that implementation of a smokefree ordinance in Jackson would be easier than in other communities because of Jackson’s relatively smokefree environment.

How much would a smokefree law cost to enforce in Jackson?

“[A Smokefree Ordinance] would not affect us (the police department) very much. I envision that we would only get involved in aggravated cases, which would be few. So, I do not anticipate much impact.” (Chief Dan Zivkovich, Jackson Police Department, October 3, 2007)

How much is smoking costing Wyoming residents?

Annual health care costs in Wyoming directly caused by smoking

$136 million

- Portion covered by the state Medicaid program $37 million

Residents' state & federal tax burden from smoking-caused government expenditures

$581 per household

Smoking-caused productivity losses in Wyoming $155 million

• These amounts do not include:

• Health costs caused by exposure to secondhand smoke.

• Costs from residential and commercial property losses due to smoking-caused fires (more than $500 million per year nationwide).

• Spit tobacco use, or cigar and pipe smoking.

• Extra cleaning and maintenance costs made necessary by tobacco smoke and litter (about $4+ billion nationwide for commercial establishments alone).

• Additional productivity losses from smoking-caused work absences, smoking breaks, and on-the-job performance declines and early termination of employment caused by smoking-caused disability or illness. (Campaign for Tobacco Free Kids, 2007)

How could going smokefree reduce these costs?

As stated earlier, “The most effective program to reduce tobacco consumption at all age levels is the creation of smokefree workplaces, restaurants, and public places.” (Stanton Glantz, PhD, UCSF’s Center for Tobacco Control Research & Education)

What is being said at the state and national level regarding smokefree air? There is no risk-free level of exposure to secondhand smoke. Non-smokers exposed to secondhand smoke at home or work increase their risk of developing heart disease by 25 to 30 percent and lung cancer by 20 to 30 percent. The finding is of major public health concern due to the fact that nearly half of all nonsmoking Americans are still regularly exposed to secondhand smoke. (The Health Consequences of Involuntary Exposure to Tobacco Smoke: A Report of the Surgeon General, 2006)

Percentage of US population protected by smokefree laws as of April, 2008: 63%

The following six Wyoming Communities have passed smokefree ordinances as of April 2008: Laramie, Cheyenne, Evanston, Rock Springs, Green River and Afton.


TOBACCO INDUSTRY “PREVENTION” PROGRAMS

Executive Summary: This article outlines the “prevention” programs developed by tobacco industry, none of which have been successful. These programs have failed for a variety of reasons:

1. All youth access programs developed or backed by the tobacco industry rely on the voluntary cooperation of tobacco retailers. Not surprisingly, these voluntary programs invariably fail to make a dent in youth access. The primary reason for the failure is simple. Tobacco sales to minors are quite lucrative, with youth spending approximately one billion dollars annually on tobacco products (Cummings et al., 1994).

2. The tobacco industry portrays smoking as an “adult activity.” This fails as a prevention strategy because adult activities are, by definition, attractive to many young people. This strategy also lumps smoking in with many other adult activities, such as making one’s own choices, which are not inherently harmful. It also ignores the addictive nature of nicotine, implying that smoking is simply an adult “choice” or habit, rather than an addiction.

3. The tobacco industry favors programs and policies penalizing youth for purchasing and possessing cigarettes. The reason for this is obvious -- attention is diverted from the tobacco industry’s own culpability; blame is shifted onto children and parents. It also lessens the perceived responsibility of merchants. Effective tobacco control policies should avoid all appearance or effect of punishing youth and place responsibility and punishment firmly on the tobacco industry’s shoulders.

4. The single favorite strategy of the tobacco industry concerning youth is the posting of signs directed at young people. Signs directed at young customers give the message that smoking is an adult privilege. The tobacco industry has identified “‘the forbidden fruit’ appeal as an important factor in adolescent experimentation” with smoking (DiFranza and McAfee, 1992).

The problem with the industry backed “youth access” programs is not only that they are ineffective, however. Even if they were to succeed in their stated goal (reducing illegal sales to minors), they would likely still fail at the far more important goal, to reduce teen tobacco consumption. Research demonstrates that teen smoking rates often remain stable even when effective youth access programs are implemented (Rigotti et al., 1997).

Ultimately, the primary purpose of the tobacco industry’s youth access and tobacco education efforts is simply to divert energy away from interventions that are more effective in preventing tobacco addiction among both children and adults. Such interventions include banning tobacco advertising and promotion, promoting nonsmokers’ rights (which the Tobacco Institute has identified as “the greatest threat to the viability of the tobacco industry which has yet occurred”(Roper, 1978)) through local clean indoor air laws, and raising tobacco excise taxes.


RESTRICTING YOUTH ACCESS TO TOBACCO: DOES IT REDUCE YOUTH TOBACCO CONSUMPTION?

A SUMMARY OF RESEARCH FINDINGS

Executive Summary:

There are numerous studies demonstrating that aggressive efforts to enforce age-of-sale laws can succeed in reducing the percentage of merchants who sell tobacco products to minors. Most of these efforts involve some combination of merchant education and enforcement activities, such as sting operations. However, there is also evidence that merchants quickly return to old habits when vigilant efforts at sustaining high compliance are no longer in place.

A more central question, however, is whether increasing the number of merchants who comply with age-of-sale laws accomplishes the more important aim of reducing under-age tobacco consumption. If restricting supply via enactment and enforcement of youth access laws does little to change youth consumption of tobacco, then devoting limited resources to accomplish higher rates of merchant compliance may be misguided. Unfortunately, this question has received only scant empirical investigation.

The results of the studies reviewed in this article include the finding that sting operations increase merchant compliance with underage access laws and that there is no relationship between the presence of a youth access laws and youth smoking. The Chaloupka F, Grossman M. Price study does find, however, that communities with local clean indoor air ordinances had lower teen smoking rates.


SMOKEFREE AIR AND YOUTH – June 2004

Executive Summary:

(Excerpted from document) Most lifetime smokers begin smoking as teens, and many young people become addicted to cigarettes long before they are even old enough to purchase them legally.

Despite its focus on youth, the tobacco control movement, has experienced an odd paradox. Smoking rates among young people, although lower over the past five years, are still slightly higher than they were a decade ago.2 We now know that reducing illegal sales to minors through such measures as higher merchant compliance with age-of-sale laws does not automatically result in lower tobacco consumption on the part of teens, because they often obtain tobacco products by means other than direct purchase.

Neither does criminalizing tobacco use and possession by minors deter them from smoking. This merely shifts the blame for youth smoking from the tobacco industry, where it belongs, to minors, who are the industry’s victims.

A major reason for the recent failure to reduce smoking rates among youth, even as adult smoking rates are falling, is that the efforts to call attention to the problems of teen smoking have had the unintended effect of buttressing tobacco advertising, which is intended to appeal to youth by portraying smoking as a sophisticated adult activity.

It has been noted that when the tobacco control movement puts too much emphasis on youth access issues, it not only sends the wrong message about smoking, but it also squanders time and resources that could be better used in promoting more effective anti-tobacco programs.4 The most effective program to reduce tobacco consumption at all age levels is the creation of smokefree workplaces, restaurants, and public places.

If we really want to accomplish the goal of reducing youth consumption, we need to put youth access in the background and place smokefree air squarely in the foreground. When we work to protect the rights of nonsmokers, all people -- children and adults alike -- are given the message that smoking is simply not socially acceptable. Working to promote nonsmoking as the norm, community by community, is the most effective means to reduce smoking by youth.


Strict U.S. Alcohol Laws Reduce Teen Drinking, Study Suggests Jim Rosack - Psychiatric News September 7, 2001, Volume 36 Number 17

With the release of two related studies, the federal government presents a profile of the consequences of illicit drug and alcohol use among Americans and, for the first time, compares those data with European statistics.

According to a new study by the U. S. Department of Justice’s Office of Justice Programs (OJP), the first direct comparison of data on drinking rates of European and U.S. youth showed that young people in the U.S. fare better on three common measures of problematic drinking.

Contrary to some long-held beliefs, the stricter control of alcoholic beverages in the United States has not translated into a "forbidden fruit" mentality where American youth drink more and experience more problems than countries with weaker controls on alcohol sales and consumption.

In a separate report issued in August (2001) the Substance Abuse and Mental Health Services Administration released data from the 2000 Drug Abuse Warning Network (DAWN) Report showing that although American youth may fare better than most European teens when it comes to problematic drinking, alcohol consumption when combined with other drug use remained the leading cause of drug-related visits to emergency rooms last year.

*Includes both public and private non-hospitality workplaces, including, but not limited to, offices, factories, and warehouses. **Includes any attached bar in the restaurant.

Mike F.

Stamp

Mike F.

Stamp

www.PlanetJH.com updated daily l Planet Jackson Hole l October 17 - 23, 2007 7

RIGHT FROM THE START by Joe Schloss

A smoke free Jackson? The United States government put cig-

arettes in all combat rations during WorldWar II and the Korean War. This singleact caused many young soldiers to take upsmoking and created many lifelong addic-tions to tobacco. By the 1960s studieswere beginning to show the negativeeffects wrought by tobacco, but for thesoldiers of a few decades earlier it was toolate. Many were hooked. Today, the dam-age that smoking can do is wellknown and cigarettes are nolonger given to soldiers withtheir meals. There has been anational movement underwayto ban smoking in publicplaces throughout the nation.Jackson, in keeping with thetimes, has followed suit. Manyrestaurant and bar ownershave created a smoke free envi-ronment by voluntarily ban-ning smoking in their estab-lishments.

The Teton County TobaccoPrevention Program is in favorof a smoke free ordinance inJackson. If passed, this would mean thatsmoking would be prohibited in all build-ings that the public enters. Depending onthe wording of the ordinance it could alsoprohibit smoking within a certain dis-tance of doors and windows of these pub-lic places. The program claims that anordinance of this type would ensure that asmoke free Jackson could be maintainedinto the future and would send a messagethat our citizens’ right to breathe cleanair is important to the community. In2006, a report of the Surgeon Generalstated that nonsmokers exposed to sec-ondhand smoke at home or work had anincreased risk of developing heart dis-ease, by 25 to 30 percent, and a higherrisk of contracting lung cancer, by 20 to30 percent. Knowing this, why would any-one want to risk their health by frequent-ing establishments that allow smoking?

Both of my parents were heavy smokersand both of them died young (52 and 57years old) from cancer. They, like so manyothers, started smoking when they wereyoung before they fully knew the risks. Iwonder if they knew how short their liveswould be, would they have given up thehabit? Today, we are much better

informed about the risks of smoking thanduring my parent’s generation. Yet, howmany teenagers disregard the studies andhow many middle-aged and elderly dolikewise? Folks, you are playing Russianroulette with your bodies.

According to a 2006 Alcohol andTobacco Survey conducted by theWyoming Survey and Analysis Center, 86percent of Teton County respondents

would vote for a smoke freelaw. In a Landings ResearchCompany study they foundthat 75 percent of TetonCounty residents would favora law prohibiting smoking inpublic buildings, restaurantsand bars and 79 percent ofour residents are concernedabout the ill effects of second-hand smoke. In the comingmonths, the people at theTeton County TobaccoPrevention Program will beasking the Town of Jackson toenact a stricter smoke freeordinance. For smokers this

is bad news, but for those who wish forclean air without the associated healthrisks of pollution from smoke, it is causeto rejoice.

As a Republican who believes in smallgovernment with less government inter-vention, a few questions arise. Should theUnited States government, the State ofWyoming, the Town of Jackson or anygovernment entity have the right to inter-fere with an individual’s right to smoke?In cases where it adversely impacts on thehealth of others, that right may be abro-gated. We have come a long way since the40s and 50s when the United States gov-ernment gave away free cigarettes to GIswith their meals. I believe that it is nowthe responsibility of our governments;federal, state and local to help reverse thistrend of addiction. The health costs aloneare staggering! In an age where so manyfamilies do not have health insurance oradequate access to health care, doesn’t itmake sense to limit our exposure to theravages of cancer, heart disease, andemphysema? Do our policymakers andelected officials have a moral obligationto protect the public health of our citi-zens? You bet they do!

It is the

responsibility

of our federal,

state and local

governments

to reverse the

trend of smok-

ing addiction.

Joe Schloss is a former Special Agent for the U.S. Dept. of Homeland Security, politicalactivist, Teton County GOP chairman, and member of the Wyoming GOP Central Committee.

http://www.PlanetJH.com

4 October 31 - Nov. 6, 2007 l Planet Jackson Hole l www.PlanetJH.com updated daily

LETTERS Bipartisan agreement

Forty-eight years ago in a high school speech class, I made a presentation on the dangers of cigarette smoking. At that time there was not much evidence that smoking was dangerous to your health or that it might kill you. The speech was not well received by my peers since most of them smoked already. What possessed meto make such an unpopular presentation was that my mother from the age of 16 was a lifelong smoker who smoked from rising in the morning until bedtime. She smoked up the house, the car and every establishment that we entered. My father, brother and I did everything we could think of to stop her, but we were never successful. I must admit it was fun sneaking some explosive loads into her cigarettes and watching them blow up after dinner at a restaurant. What was not fun, was watching her die of lung cancer several years ago.

I still have a hard time believing that we have not banned smoking in all public places in the United States. There are more jurisdictions that are taking the appropriate actions to pass smoke free laws. The Teton County Tobacco Prevention Program is in favor of a smoke

free ordinance. If passed, this would mean that smoking would be prohibited in all buildings that the public enters. In addition a statewide poll shows that two-thirds of Wyoming voters support a ban on smoking in public places, including restaurants and bars.

The poll , commissioned by the American Cancer Society in Wyoming and other health organizations, also found that 74 percent of registered voters believe the right of customers and employees to breathe clean air out weighs smokers’ right to light up indoors. So what part of “Let’s do the right thing” don’t we understand?

I certainly applaud the article written by Joe Schloss, Teton County GOP chairman, on “A Smoke Free Jackson” [Oct. 17, Grand Ol’ Perspective]. As Chairman of the Teton County Democratic Party, I believe it is time to support a bipartisan effort to pass a smoke free ordinance. Our elected officials need to put politics aside and protect us from secondhand smoke in public places. The science is sound, the majority has spoken and it is time for elected officials to act.

— Larry Hamilton, Jackson

http://www.PlanetJH.com

Policymaker Quotes in Support of Smokefree Air

On Public Support for a Smokefree Ordinance

“This particular bill can probably be the most important thing this committee or this Legislature can do to make a dramatic improvement in the health of the state of Idaho, and particularly in the Medicaid department. I believe that we need to have the courage to vote this bill to the floor or vote to kill it forever, and face the 75 percent of our constituents who desperately want this bill.”

~Bob Ring, Idaho Representative Quoted In: Hahn, G., "After 5 hours of testimony, smoking ban moves to House," Idaho Statesman, March 11, 2004.

On Enforcement

"This is not about sending armies of cops up and down the beach to haul smokers away. It's about changing attitudes about where it is socially acceptable to smoke. It takes time, but you don't see smokers fighting for the right to light up on airplanes any more."

~ Jack Weiss, Los Angeles City Council Member

On Non-Smokers Rights and Public Health

"Our intention in passing our ordinance was not to prevent smoking. That is a personal choice that each person must make. What we are attempting to do is to prevent one person's (the smoker) actions from negatively impacting another person's (the non-smoker) rights to live life in a healthful environment. As one of the council members from a neighboring city told me a few weeks ago, "You can chose where to smoke, you can't choose where to breathe."

~ Bill Cain, Mayor of Albany, CA

"If you can contain your smoke, I could care less whether you smoke, but you can't do that, and your rights end where my rights begin. This is going to protect those that don't smoke."

~Paul Thompson, Ecru, Mississippi, Alderman Quoted In: Castens, E., "Ecru latest to pass ban on smoking," Northeast Mississippi Daily Journal, January 4, 2008.

On Passing Legislation

"To me, the important thing is we’re charged as a government with the health and welfare of the community. And where you have a conduct that is known without any question to cause harm to other people, including patrons and employees, that trumps the economic factor."

~Darwin Hindman, Mayor, Columbia, MO Quoted In: Hughes, K., "Study: smoking ban hurts sales – Federal Reserve report cites 5 percent decline," Columbia Tribune, December 12, 2007.

"It's a tough call, I don't like telling people what to do. This is the right thing to do. Nobody has the right to blow smoke in other people's faces."

~Roy Schmidt, Grand Rapids, Michigan, City Commissioner Quoted In: [n.a.], "City commissioners approve smoking ban ordinance," Grand Rapids Press, October 17, 2006. More quotes can be found at http://www.no-smoke.org/document.php?id=265

http://www.no-smoke.org/document.php?id=265

http://no-smoke.org/

Chambers of Commerce Support Smokefree Air As A Good Business Decision

November 2006

"The business community understands that, ultimately, comprehensive smoke-free laws promote economic growth by reducing the employer health care costs and lost productivity," said Chip Carlisle, Chairman, Greater Houston Partnership.1 "We believe that this piece of legislation … has reasonable controls and is responsible in terms of really making a difference in the community and ultimately helping us reach our vision of becoming an economic hot spot," Greater Louisville (KY) Inc.'s chamber President Steve Higdon said in an interview.2 Michael Maurer, President of the Indiana Economic Development Corporation, said: "I have read and agree with the many studies that show that there is no adverse economic impact on businesses in cities where smokefree ordinances have passed. In fact, studies show an increase in revenue in most situations…. We have enormous potential to lower the healthcare costs that our businesses must pay. The creation of smokefree workplaces will help us do that…. There are thousands of cities, some states, Canadian providences and a number of countries that have adopted complete smokefree ordinances with no exemptions. I urge you to do the same."3 Robin Comstock, Greater Manchester Chamber of Commerce (NH), said, "We believe this [smokefree] bill will not adversely impact the business community."4 Jim Rich, President of the Greater Beaumont (TX) Chamber of Commerce said, "A number of cities in Texas have enacted this [smokefree] ordinance. It has not impacted business. We want Beaumont to be at the forefront, not the last community to respond to what has become a significant public heath issue."5 The Board of the Greater Seattle Chamber of Commerce unanimously endorsed Washington State's Measure I-901, which would make all workplaces, including restaurants and bars, 100% smokefree indoors. The Chamber noted, "In this case, we can do something to create a truly healthy environment for employees and customers while also helping businesses with their bottom-line." Steve Leahy, President & CEO of the Greater Seattle (WA) Chamber of Commerce.6 Bloomington and Monroe County, IN enacted 100% smokefree laws. "First, supporting and enacting public smoking bans is good public policy for a number of excellent health, economic and liability reasons. The latter reason is one that few businesses have thought about. I believe businesses that continue to allow smoking risk lawsuits for exposing employees/customers to known carcinogens. One simply cannot rationally argue against these reasons and businesses are placing themselves in economic peril … [I]n spite of gloomy predictions, the world does not end when smoking is banned in public places. On the contrary, while the evidence is still being gathered, some Bloomington bars and restaurants are reporting increases in post-ban business…[I] believe Chamber endorsement of the ban provided the 'tipping point' stimulus that gave lawmakers the necessary political shelter to vote for the ban…We certainly gained community respect," wrote Steve Howard, President of the Greater Bloomington (IN) Chamber of Commerce.7 "Tempe's hospitality community does not suffer in the least bit from the ban. We are actually encouraged by the fact that so many international destinations have chosen to pass smoking bans in their communities. This makes Tempe a leader on a local level and not simply a follower. That…falls in line with our reputation as a progressive and inclusive city. It is a pleasure going into restaurants and bars without smelling like a cigarette afterward. Our residents and visitors feel the same and there has not been any negative 'backlash' for the ban," wrote Stephanie Nowack, President and CEO of Tempe Convention and Visitors Bureau.8 "The facts prove that banning smoking in public places will not adversely affect business. In fact, one year after New York City enacted its smoking ban, business activity actually increased in restaurants and bars and 10,000 jobs were added. We understand the angst of some establishment owners, but we truly believe that this will be positive for businesses in Philadelphia, both in terms of bottom-line performance and the related health benefits to patrons and employees. This is both a sound business position and a serious public health concern. From the Chamber's standpoint, it makes sense to support a smoking ban. I applaud the Mayor and the Councilman Nutter for their farsighted leadership on this matter," Mark Schweiker, President & CEO,

Greater Philadelphia (PA) Chamber of Commerce.9

Dan Allen, President of Muncie-Delaware County (IN) Chamber of Commerce, stated: "The time has come; there is plenty of evidence that second-hand smoke causes lung cancer, especially in young people. It is a trend across the nation, and a ban would give us an opportunity to differentiate ourselves from other

communities that are dragging their feet."10

http://no-smoke.org/

"We feel it has worked out quite well for everyone. It protects the public health and it allows businesses to make accommodations to their customers that wanted to smoke in their facilities," said Jeffrey S. Ciuffreda, Vice President of the Greater Springfield (MA) Chamber of Commerce, regarding a one-year old smokefree law.11 "[Restaurant] and bar business is so vital that I think it [Boulder, Colorado's smokefree law] actually made it [business] stronger," said Stan Zemler, President of the Boulder (CO) Chamber of Commerce.12 "Secondhand smoke is a real danger… I know some of us in the business community were given pause by this new [100% smokefree] ordinance. After all, new mandates too often can raise costs, interfere with productivity and intrude unnecessarily on the private sector. But I want to suggest that stopping smoking and demanding clean air are business issues. Nothing is better for business than a healthy, productive work force…. In business, we recognize that it is essential today to create a workplace culture that values employees. We ought to be clear that we also value the health of our employees…. We should be proud that we live in a community that is leading the way in the push for a better, healthier quality of life. Together we are creating the workplace we all want for the future," said Jim Hinton, Chairman of the Albuquerque (NM) Chamber of Commerce.13 "We [the Chamber of Commerce] were trying to look what was best for our members and what was best for the community. We felt, again, the health issues [sic] was an important issue we needed to address because even our smaller members are affected by this [secondhand smoke] one way or another," said Dave Long, Executive Vice President of the 300 member Crawfordsville, Montgomery County, (IN) Chamber of Commerce.14 "[A]t the time the ordinance was presented, we [the Chamber of Commerce] were extremely wary of it. We feared that the ban on smoking would cost the community revenue, jobs, tax dollars, tourists and tourist-generated income. We ended up coming out in support of the ordinance, seeing it as a leap of faith that wouldn't hurt business. Suffice it to say, our initial fears were unfounded and today, I'm pleased to report that the effects have been extremely positive," wrote David Garth, President/CEO of San Luis Obispo (CA) Chamber of Commerce.15 "Everybody knows it's coming, it's a non-issue to a great extent," said Scott McCammon, Executive Director of the Burlington (Ontario, Canada) Chamber of Commerce. The article in which MccCammon was quoted added, "A recent survey showed 85 percent of Chamber members responding support a complete ban."16 The Tempe Chamber of Commerce and Arizona Restaurant & Hospitality Association decided to support Proposition 201, a comprehensive smokefree measure that would restrict smoking in all workplaces. A rival ballot question, Prop. 206, is backed by the R.J. Reynolds Tobacco Co. and would exempt bars from the statewide smoking ban.17

REFERENCES

1. Greater Houston Partnership. "Partnership Supports Smoke-Free Ordinance in Houston." Press Release. September 6, 2006.

2. Gerth, J. "Chamber to back smoke ban: Business group's stance is new," Louisville (KY) Courier-Journal, June 4, 2005. Downloaded at http://www.courier-journal.com/apps/pbcs.dll/article?AID=/20050604/NEWS01/506040422. Accessed on June 6, 2005.

3. Maurer, M., "[Letter to Greenfield City Council re: smokefree ordinances.]," October 7, 2005. 4. [n.a.], "House prepares for vote on smoking ban," TheWMURChannel.com, March 8, 2006. 5. [n.a.], "Beaumont Chamber of Commerce supports smoking ban," KBTV NBC 4, March 20, 2006. 6. Leahy, S., "I-901: Good for Business in Washington," Healthy Indoor Air Washington, November 3, 2005.

Download at http://www.healthyindoorairwa.org/i_901_good_for_jobs_and_business/. Accessed on November 3, 2005.

7. Howard, S.,. "[Letter to whom it may concern re: Smoking Bans are Good]," [n.s.], February 1, 2005. 8. Nowack, S., "[President and CEO of Tempe Convention and Visitors Bureau re: Letter to Cynthia Hallett,

Executive Director of ANR.]," [n.s.], June 22, 2005. 9. [n.a.], "Greater Philadelphia Chamber of Commerce Supports City Council Bill to Ban Smoking in Public

Places," PRNewswire, March 4, 2005. 10. McBride, M., "Chamber backs curbs on smoking," Star Press, January 14, 2006. 11. Goonan, P., "Restaurants mark 1 year smoke-free," Union-News, March 3, 2002. 12. Sovak, K., "Clearing the air: restaurant owners divided over no smoking issue," Minot Daily News Online,

March 28, 2001. 13. Hinton, J., "Stopping smoking is a business matter," Business Outlook, July 22, 2004. 14. [n.a.], "Chamber of Commerce Gets Involved in Smoking Ban Debate," WLFI-Lafayette (IN), June 17, 2005. 15. Garth, D., President/CEO of San Luis Obispo (CA) Chamber of Commerce. "Letter to Nebraska Senators from

San Luis Obispo Chamber of Commerce in favor of Smokefree Legislation." January 29, 2001. 16. Smith, D. "Workplace smoking ban a 'non-issue' for local businesses," Burlington (Ontario, Canada) Post,

October 28, 2002. 17. Sunnucks, M., "Tempe Chamber, restaurant group back total smoking ban," Business Journal of Phoenix,

October 4, 2006.

Americans for Nonsmokers' Rights American Nonsmokers' Rights Foundation ©2008

http://www.courier-journal.com/apps/pbcs.dll/article?

http://www.healthyindoorairwa.org/i_901_good_for_jobs_and_business

WYSAC, University of Wyoming Smokefree Economic Impacts 2nd Biannual Report 2007 4

The Economic Impact of Laramie and Cheyenne’s Smokefree Ordinances:

Second Biannual Report FY 2007

1. Executive Summary The city of Laramie (located in Albany County) implemented Wyoming’s first smokefree ordinance on April 6, 2005. Ordinance 1650 expanded previous smoking prohibitions to include restaurants, bars, and private clubs, making virtually all public places in Laramie smokefree. On August 15, 2006 the city of Cheyenne (located in Laramie County) implemented a similar smokefree ordinance (Ordinance 3705). This study analyzes the economic impact of the Laramie and Cheyenne smokefree ordinances on the restaurant and bar industries in Albany County and Laramie County, respectively. We only examine aggregate impacts to the restaurant and bar industry; we do not consider impacts on individual establishments, as these data are not available for analysis purposes. Our methodology parallels that of the economic-impact studies cited in the U.S. Surgeon General’s report on the health consequences of second hand smoke (U.S. Department of Health and Human Services, USDHHS, 2006). WYSAC used state sales tax receipts in Albany and Laramie Counties (tax data is not publicly available at the city level), which contain Laramie and Cheyenne, respectively, to measure economic activity from June 2003 to July 2007. The loss in precision from using county data to measure city effects should not be great because 65% of the Laramie County population resides in Cheyenne, and 88% of Albany County resides in Laramie. The statistical analysis accounts for population, time trends, seasonality, inflation, and local and statewide economic conditions. The analysis also considers economic activity in restaurants and bars both separately and as a whole. • Based on information available through July 2007, Laramie’s smokefree ordinance has had no

net economic impact, either positive or negative, on the Albany County restaurant or bar industries.

• Based on information available through July 2007, Cheyenne’s smokefree ordinance has had no net economic impact, either positive or negative, on the Laramie County restaurant or bar industries.

These findings are consistent with ample scientific evidence that smokefree ordinances have no aggregate impact on economic activity in the restaurant and bar industry (Scollo, Lal, Hyland, & Glantz, 2003; USDHHS, 2006). The impact of the Laramie and Cheyenne smokefree ordinances on individual establishments is unknown. We also do not know the impact of the smokefree ordinances on the location of business activity (i.e., within the city limits and subject to the ordinance, or outside the city limits but within the county and not subject to the ordinance).

ORIGINAL ORDINANCE NO.: 1650 INTRODUCED BY: Perkins ENROLLED ORDINANCE NO.: 1439 ORDINANCE TO AMEND SECTIONS 8.56.010, 8.56.020, 8.56.030, 8.56.040, 8.56.050, 8.56.070, 8.56.080 AND 8.56.090, AND FURTHER TO CREATE SECTIONS 8.56.025, 8.56.035, 8.56.045, 8.56.055, 8.56.085, 8.56.095, 8.56.100, 8.56.110, 8.56.120 and 8.32.180. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LARAMIE: Section 1. The purpose of the proposed amendments and additions of sections is to eliminate smoking in all places of employment and public places and to create penalty and nuisance provisions for enforcement. Section 2. Section 8.56.010 of the Laramie Municipal Code is amended as follows: 8.56.010. Findings. A. The Laramie City Council does hereby find that: 1. Numerous peer reviewed studies have found that tobacco smoke is a major contributor to indoor air pollution and that breathing secondhand smoke is a cause of disease in healthy nonsmokers, including heart disease, stroke, respiratory disease, and lung cancer. At special risk are children, elderly people, individuals with cardiovascular disease, and individuals with impaired respiratory function, including asthmatics and those with obstructive airway disease; 2. Health hazards induced by breathing secondhand smoke include lung cancer, heart disease, respiratory infection, and decreased respiratory function, including bronchoconstriction and broncho-spasm; and 3. A significant amount of secondhand smoke exposure occurs in the workplace. Employees who work in smoke- filled businesses suffer a 25-50% higher risk of heart attack and higher rates of death from cardiovascular disease and cancer, as well as increased acute respiratory disease and measurable decrease in lung function. B. Accordingly, the Laramie City Council finds and declares that the purposes of this ordinance are: 1. to protect the public health and welfare by prohibiting smoking in public places and places of employment; and 2 2. to guarantee the right of nonsmokers to breathe smokefree air, and to recognize that the need to breathe smokefree air shall have priority over the desire to smoke. Section 3. Section 8.56.020 of the Laramie Municipal Code is amended as follows: 8.56.020. Definitions. As used in this Chapter, the following terms shall have the following meanings, unless the context clearly indicates that a different meaning is intended: A. “Business” means any sole proprietorship, partnership, joint venture, corporation or other business entity formed for profit-making purposes, including retail establishments where goods or services are sold as well as professional corporations and other entities where legal, medical, dental, engineering, architectural or other professional services are delivered. B. “Employee” means any person who is employed by an employer in consideration for direct or indirect monetary wages or profit, and a person who volunteers his or her services for a non-profit entity. C. “Employer” means a person, business, partnership, association, corporation, including a municipal corporation or other political subdivision of the state, trust, or non-profit entity that employs the services of one or more individual persons. D. “Enclosed area” means all space between a floor and ceiling that is enclosed on all sides by solid walls or windows, exclusive of doorways, which extend from the floor to the ceiling. E. “Fire Department” means the City of Laramie, Wyoming Department of Fire. F. “Health care facility” means an office or institution providing care or treatment of diseases, whether physical, mental, or emotional, or other medical, physiological, or psychological conditions, including but not limited to, hospitals, rehabilitation hospitals or other clinics, including weight control clinics, nursing homes, homes for the aging or chronically ill, laboratories, and offices of

surgeons, chiropractors, physical therapists, physicians, dentists, and all specialists within these professions. This definition shall include all waiting rooms, hallways, private rooms, semiprivate rooms, and wards within health care facilities. G. “Outdoor patio” means an outdoor area, open to the air at all times, that is either: 3 1. enclosed by a roof or other overhead covering and not more than two walls or other side coverings; or 2. has no roof or other overhead covering at all regardless of the number of walls or other side coverings. H. “Performance hall” shall mean any area or facility that is primarily used for the exhibition of any motion picture, stage, drama, lecture, musical recital or other similar performances, including but not limited to, concert halls and theaters. I. “Place of employment” means an area under the control of a public or private employer which is intended for occupancy by employees during the course of employment, including, but not limited to, work areas, employee lounges, restrooms, conference rooms, meeting rooms, classrooms, employee cafeterias, waiting areas, offices, stairways, and hallways. A private residence is not a "place of emplo yment" unless it is used as a licensed child care, licensed adult day care, or health care facility, or any other aforementioned business. J. “Private club” means those organizations or entities defined as a “Club” in Section 5.08.010 of the Laramie Municipal Code. K. “Public place” means an enclosed area to which the public is invited or in which the public is permitted, including but not limited to, banks, and other financial institutions, publicly funded buildings, public conveyances, recreational facilities, bars, educational facilities, health care facilities, laundromats, public transportation facilities, reception areas, restaurants, retail food production and marketing establishments including grocery stores, supermarket and stores where food items are sold for on premises or off premises consumption, retail service establishments, retail stores, shopping malls, sports arenas, theaters, and waiting rooms. A private residence is not a "public place" unless it is used as a licensed child care, licensed adult day care, or health care facility. L. “Public transportation” means a vehicle used in mass public transportation or in the transportation of the public, including a train, passenger bus, school bus or other vehicle used to transport pupils, and taxi; or a vehicle that is owned by, or operated by a business and is open to the public, including tour vehicles, passenger buses or vans regularly used to transport customers. Notwithstanding the foregoing, a private vehicle not open to the public or not used for the transportation of the public during the times of use, including a private passenger vehicle, a private charter or rental of a limousine, bus or van, shall not be considered public transportation. M. “Restaurant” means an eating establishment, including but not limited to, coffee shops, cafeterias, and public and private school cafeterias, which gives or offers for sale food to the public, guests, or employees, as well as kitchens and 4 catering facilities in which food is prepared on the premises and served elsewhere. The term "restaurant" shall include a bar area within the restaurant. N. “Retail sales” means establishments engaged in the sale of goods or merchandise to the general public for personal or household consumption and rendering services incidental to the sale of such goods. A retail sales establishment is usually a place of business and is engaged in activity to attract the general public to make purchases. O. “Shopping mall” means an enclosed public walkway or hall area that serves to connect retail or professional establishments.

Page 2 of 6

P. “Smoke” or “smoking” means the inhaling, exhaling, burning or carrying of any lighted tobacco product, weed, plant or other combustible product in a smoking instrument or the placement of smoking instrument containing a lighted tobacco product, weed, plant or other combustible product in an ashtray or other receptacle and allowing smoke to diffuse into the air. This definition does not include incense. Q. “Smoking instrument” means any cigar, cigarette, pipe, hookah or water pipe, or any other smoking device. R. “Sports Arena” means sports pavilions, stadiums, gymnasiums, health spas, swimming pools, roller and ice rinks, bowling alleys, and other similar places where members of the general public assemble to engage in physical exercise, participate in athletic competition, or witness sports or other events. S. “Tavern (or Bar)” means an establishment that is devoted to the serving of alcoholic beverages for consumption by guests on the premises and in which the serving of food is only incidental to the consumption of such beverages, including but not limited to taverns, nightclubs, cocktail lounges, and cabarets. Section 4. Section 8.56.025 of the Laramie Municipal Code is hereby created as follows: 8.56.025. Application of Chapter to City-Owned Facilities. All enclosed areas, including buildings and vehicles owned, leased or operated by the City of Laramie, shall be subject to the provisions of this Chapter. Section 5. Section 8.56.030 of the Laramie Municipal Code is amended as follows: 8.56.030. Prohibition of Smoking in Public Places. 5 A. Smoking shall be prohibited in all enclosed areas of public places within the City of Laramie, including, but not limited to, the following places: 1. Galleries, libraries and museums. 2. Areas available to and customarily used by the general public in businesses and non-profit entities patronized by the public, including but not limited to, professional offices, banks, laundromats, hotels and motels. 3. Bingo facilities. 4. Convention facilities. 5. Elevators. 6. Taverns (or Bars). 7. Health care facilities. 8. Licensed child care and adult day care facilities. 9. Lobbies, hallways and other common areas in apartment buildings, condominiums, trailer parks, retirement facilities, nursing homes, and other multiple- unit residential facilities. 10. Performance halls. 11. Polling places. 12. Private clubs. 13. Restaurants. 14. Restrooms, lobbies, reception areas, hallways, and other commonuse areas. 15. Retail stores. 16. Rooms, chambers, places of meeting or public assembly, including school buildings, under the control of an agency, board, commission, committee or council of the City of Laramie or a political subdivision of the State, to the extent the place is subject to the jurisdiction of the City of Laramie. 17. Shopping malls. 18. Sports arenas and conventions halls, including bowling facilities. 6 19. Public Transportation. Section 6. Section 8.56.035 of the Laramie Municipal Code is hereby created as follows: 8.56.035. Prohibition of Smoking in Places of Employment. A. Smoking shall be prohibited in all enclosed areas within places of employment. This includes common work areas, auditoriums, classrooms, conference and meeting rooms, elevators, hallways, medical facilities, cafeterias, employee lounges, stairs, restrooms, vehicles and all other enclosed facilities.

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B. All employers subject to this Chapter shall communicate this prohibition on smoking to all existing employees by the effective date of this Chapter and to all prospective employees on their application for employment. Section 7. Section 8.56.040 of the Laramie Municipal Code is amended as follows: 8.56.040. Distance to be Observed from All Entryways Where Smoking is Prohibited. In order to prevent second hand smoke from entering a public place and place of employment where smoking is prohibited, every person who is smoking shall smoke a reasonable distance from all entranceways, passageways, operable windows or ventilation systems of any enclosed area where smoking is prohibited, so as to insure smoke does not enter the smoke free establishment or area. Any person who fails to comply with this provision after an oral request to cease smoking by the owner, operator, manager or other person having control of the smoke free establishment or enclosed area shall be in violation of this ordinance. Section 8. Section 8.56.045 of the Laramie Municipal Code is hereby created as follows: 8.56.045. Declaration of Establishment as Nonsmoking. Notwithstanding any other provision of this Chapter, an owner, operator, manager, or other person in control of an establishment, facility or outdoor area may declare that entire establishment, facility or outdoor area as a nonsmoking place. Smoking shall be prohibited in any place in which a sign conforming to the requirements of Section 8.56.080 is posted. Section 9. Section 8.56.050 of the Laramie Municipal Code is amended as follows: 8.56.050. Where Smoking Not Regulated. 7 A. Notwithstanding any other provision of this Chapter to the contrary, the following areas shall be exempt from the provisions of Sections 8.56.030 and 8.56.035: 1. Private residences, except when used as a licensed child care, licensed adult day care or health care facility. 2. Hotel and motel rooms that are rented to guests and are designated as smoking rooms. 3. Outdoor places of employment, except those covered by the provisions of Section 8.56.040. 4. Private offices, provided that the private office is not open to public, the public is not invited, and the office is not intended for occupancy by employees during the course of their employment. 5. Outside patios. If sliding or folding windows or doors or other windows or doors form any part of the border to the outdoor patio, the openings shall be closed to prevent the migration of smoke into the enclosed area. If sliding or folding windows or doors or other windows or doors do not prevent the migration of smoke into the enclosed area, the outdoor patio shall be considered an extension of the enclosed area and subject to the prohibitions of this Chapter. 6. Private or business vehicles, except those used for public transportation. Section 10. Section 8.56.055 of the Laramie Municipal Code is hereby created as follows: 8.56.055. Public Education. City Manager or an authorized designee shall engage in a continuing program to explain and clarify the purposes and requirements of this Chapter to citizens affected by it, and to guide owners, operators, and managers in their compliance with it. The program may include publication of a brochure for affected businesses and individuals explaining the provisions of this ordinance. Section 11. Section 8.56.070 of the Laramie Municipal code is amended as follows: 8.56.070. Governmental Agency Cooperation. 8 The City Manager or an authorized designee shall annually request other governmental and educational agencies having facilities within the City to establish local operating procedures in cooperation and compliance with this Chapter. This includes urging all Federal, State and County agencies and governmental offices to update their existing smoking control regulations to be consistent with the current health findings regarding secondhand smoke.

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Section 12. Section 8.56.080 of the Laramie Municipal Code is amended as follows: 8.56.080. Posting of Signs. A. “No Smoking” signs or the international “No Smoking” symbol (consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a red bar across it) shall be clearly and conspicuously posted in every public place and place of employment where smoking is prohibited by this Chapter, by the owner, operator, manager or other person in control of that place. B. The owner, operator, manager or other person having control of an enclosed area where smoking is prohibited shall remove all ashtrays or other smoking instruments if their intended use is for smoking in such enclosed area. Section 13. Section 8.56.085 of the Laramie Municipal Code is hereby created as follows: 8.56.085. Nonretaliation. No person or employer shall discharge, refuse to hire, or in any manner retaliate against an employee, applicant for employment or customer because that employee, applicant, or customer exercises any rights afforded by this Chapter or reports or attempts to prosecute a violation of this Chapter. Section 14. Section 8.56.090 of the Laramie Municipal Code is amended as follows: 8.56.090. Violations and Penalties. A. A person who smokes in an area where smoking is prohibited by the provisions of this Chapter shall be guilty of an infraction, punishable by a fine not exceeding fifty dollars ($50.00). B. A person who owns, manages, operates or otherwise controls a public place or place of employment and who knowingly fails to comply with provisions of this Chapter after receiving oral or written notice by City Manager or authorized designee shall be guilty of an infraction, punishable by: 9 1. A fine not exceeding one hundred dollars ($100.00) for a first violation. 2. A fine not exceeding two hundred dollars ($200.00) for a second violation within one (1) year from the date of the last violation. 3. A fine not exceeding five hundred dollars ($500.00) for each additional violation with one (1) year from the date of the last violation. C. In addition to the fines established by this Section, violation of this Chapter by a person who owns, manages, operates, or otherwise controls a public place or place of employment may result in the suspension or revocation of any permit or license issued to the person for the premises on which the violation occurred, pursuant to Sections 1.16.070 and 5.08.210 (L) and (M) of the Laramie Municipal Code. Further, a violation of this Chapter constitutes a public nuisance. Upon the request of the City Manager or designee, the City Attorney may initiate appropriate enforcement proceedings, including injunctive or other appropriate action to prevent or enjoin such violation. D. Each separate occurrence of a violation of this Chapter shall be considered a separate and distinct violation. Section 15. Section 8.56.095 of the Laramie Municipal Code is hereby created as follows: 8.56.095. Enforcement. A. City Manager or an authorized designee shall enforce this Chapter. Any law enforcement officer may also initiate an action for violation of this Chapter including but not limited to the issuance of a criminal citation. B. Notice of the provisions of this Chapter shall be given to all applicants for business, food or alcohol-related licenses and permits and distributed through other means, as determined by the City Manager or an authorized designee, to all individuals and entities affected by the provisions of this ordinance. C. Any citizen who desires to register a complaint under this Chapter may initiate enforcement with the City Manager or an authorized designee. D. The City Environmental Health and Fire Department or their designees shall, while an establishment is undergoing otherwise mandated inspections, inspect for compliance with this Chapter and the owner, manager, operator or employee of an establishment must show they are in compliance with all the

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requirements of this Chapter. 10 E. An owner, manager, operator or employee of an establishment regulated by this Chapter shall immediately inform persons violating this Chapter of the appropriate provisions thereof and to cease smoking. In the event persons violating this Chapter refuse to cease smoking after being informed by such owner, manager, operator or employee of an establishment, the person smoking, not the owner, manager, operator or employee of an establishment shall be subject to an action for violation of this Chapter. F. Failure of the owner, manager, operator or employee of an establishment to orally inform a person who smokes in an area where smoking is prohibited by the provisions of this Chapter except as provided in Section 8.56.040 shall not constitute a defense for a violation of this Chapter. G. The City Manager may promulgate such rules and regulations as he or she considers necessary to carry out the intent of this Chapter; provided, that such rules and regulations are not inconsistent with this Chapter. Section 16. Section 8.56.100 of Laramie Municipal Code is hereby created as follows: 8.56.100. Other Applicable Laws. This Chapter shall not be interpreted or construed to permit smoking where it is otherwise restricted by other applicable laws. Section 17. Section 8.56.110 of the Laramie Municipal Code is hereby created as follows: 8.56.110. Liberal Construction. This Chapter shall be liberally construed so as to further its purposes. Section 18. Section 8.56.120 of the Laramie Municipal Code is hereby created as follows: 8.56.120. Severability. If any provision, clause, sentence or paragraph of this Chapter of the application thereof to any person or circumstances shall be held invalid, that invalidity shall not affect the other provisions of this Chapter which can be given effect without the invalid provision or application, and to this end the provisions of this Chapter are declared to be severable. 11 Section 19. Section 8.32.180 of the Laramie Municipal Code is hereby created as follows: 8.32.180. Secondhand Smoke Prohibited. A person, owner, manager, operator or employee that otherwise controls a public place or place of employment who knowingly permits or causes smoking in an enclosed area of a public place or place of employment as prohibited under Sections 8.56.030 and 8.56.035 of the Laramie Municipal Code shall be deemed the author of the nuisance. Any secondhand smoke is offensive or injurious to the public health and shall be declared to be a nuisance. Section 20. This ordinance shall be effective one hundred eighty (180) days from and after the date of its adoption. Passed and approved this 07th day of September, 2004. ___________________________________ Fred Homer, Mayor and President of the City Council Attest:______________________________ Sue Morris-Jones, CMC City Clerk First Reading: 08/03/04 Public Hearing: 08/10/04 Second Reading: 08/17/04 Public Hearing: 08/30/04 Third Reading and Final Action: 09/07/04 Duly published in the Laramie Daily Boomerang this 11th day of September, 2004.

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ORDINANCE NO. 3705

ENTITLED: “AN ORDINANCE REPEALING IN ITS ENTIRETY, CHAPTER 8.64,SMOKING, AND CREATING A NEW CHAPTER 8.64, SMOKING IN PUBLICPLACES, OF TITLE 8, HEALTH AND SAFETY, OF THE CODE OF THE CITYOF CHEYENNE, WYOMING.”

BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF CHEYENNE,WYOMING:

Section 1. That Chapter 8.64, Smoking, of Title 8, Health and Safety, of the Code of the Cityof Cheyenne, Wyoming, is hereby repealed in its entirety.

Section 2. That Chapter 8.64, Smoking in Public Places, of Title 8, Health and Safety, of theCode of the City of Cheyenne, Wyoming, is hereby re-created as follows:

Chapter 8.64SMOKING IN PUBLIC PLACES

8.64.010 Purpose - Findings.

A. The Governing Body of the City of Cheyenne does hereby find that:

1. Numerous peer reviewed studies have found that tobacco smoke is a majorcontributor to indoor air pollution and that breathing secondhand smoke is a cause of diseasein healthy nonsmokers, including heart disease, stroke, respiratory disease, and lung cancer.At special risk are children, elderly people, individuals with cardiovascular disease, andindividuals with impaired respiratory function, including asthmatics and those with obstructiveairway disease.

2. Health hazards induced by breathing secondhand smoke include lung cancer,heart disease, respiratory infection, and decreased respiratory function, includingbronchoconstriction and broncho-spasm.

3. A significant amount of secondhand smoke exposure occurs in the workplace.Employees who work in smoke-filled businesses suffer a twenty-five (25) to fifty (50) percenthigher risk of heart attack and higher rates of death from cardiovascular disease and cancer,as well as increased acute respiratory disease and measurable decrease in lung function.

B. Accordingly, the Governing Body finds and declares that the purposes of theordinance codified in this chapter are:

1. To protect the public health and welfare by prohibiting smoking in publicplaces and places of employment; and

2. To guarantee the right of nonsmokers to breathe smoke-free air, and torecognize that the need to breathe smoke-free air shall have priority over the desire to smoke.

8.64.020 Definitions.

As used in this chapter, the following terms shall have the following meanings, unless thecontext clearly indicates that a different meaning is intended:

“Business” means any legal entity including, but not limited to, sole proprietorship,partnership, joint venture, corporation or other business entity whether formed for profit-making ornon-profit purposes, including retail establishments where goods or services are sold, as well asprofessional corporations and other entities where legal, medical, dental, engineering, architecturalor other professional services are delivered.

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“Employee” means any person who is employed by an employer in consideration for director indirect monetary wages or profit, and a person who volunteers his or her services for a non-profitentity.

“Employer” means a person, business, partnership, association, corporation, trust, non-profitentity, or a municipal corporation that employs the services of one or more individual persons.

“Enclosed area” means all space between a floor and ceiling that is enclosed on all sides bysolid walls or windows, exclusive of doorways, which extend from the floor to the ceiling.

“Fire department” means the City of Cheyenne Fire and Rescue Department.

“Health care facility” means an office or institution providing care or treatment of diseases,whether physical, mental, or emotional, or other medical, physiological, or psychological conditionsincluding, but not limited to, hospitals, rehabilitation hospitals or other clinics, including weightcontrol clinics, nursing homes, homes for the aging or chronically ill, laboratories, and offices ofsurgeons, chiropractors, physical therapists, physicians, dentists, and all specialists with theseprofessions. This definition shall include all waiting rooms, hallways, private rooms, semi-privaterooms, and wards with health care facilities.

“Outdoor patio” means an outdoor area, open to the air at all times, that is either:

1. Enclosed by a roof or other overhead covering and not more than two wallsor other side coverings; or

2. Has no roof or other overhead covering at all regardless of the number of wallsor other side coverings.

“Performance hall” means any area or facility that is primarily used for the exhibition of anymotion picture, stage, drama, lecture, musical recital or other similar performances including, but notlimited to, concert halls and theaters.

“Place of employment” means an area under the control of an employer which is intended foroccupancy by employees during the course of employment including, but not limited to, work areas,employee, lounges, restrooms, conference rooms, meeting rooms, classrooms, employee cafeterias,waiting areas, offices, stairways, and hallways. A private residence is not a “place of employment”unless it is used as a licensed child care, licensed adult day care, health care or pre-school facility,or any other aforementioned business.

“Private club” means those organizations or entities defined as a “club” in Wyo. Stat. § 12-1-101(a)(iii), which are not open to the public.

“Public place” means an enclosed area to which the public is invited or in which the public ispermitted including, but not limited to, banks, and other financial institutions, publicly fundedbuildings, public conveyances, recreational facilities, taverns, lounges, bars, educational facilities,health care facilities, laundromats, public transportation facilities, reception areas, restaurants, retailfood production and marketing establishments including grocery stores, supermarkets and storeswhere food items are sold for on-premises or off-premises consumption, retail service establishments,retail stores, shopping malls, sports arenas, theaters, and waiting rooms. A private residence is nota “public place” unless it is used as a licensed child care, licensed adult day care, health care or pre-school facility.

“Public transportation” means, but is not limited to, any enclosed mode of publictransportation, including a train, passenger bus, school bus or other vehicle used to transport pupils,and taxi; or a vehicle that is owned by, or operated by a business and is open to the public, includingtour vehicles, passenger buses or vans regularly used to transport customers. Notwithstanding theforegoing, a private vehicle not open to the public or not used for the transportation of the publicduring the times of use, including a private passenger vehicle, a private charter or rental of alimousine, bus or van, shall not be considered public transportation.

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“Restaurant” means an eating establishment including, but not limited to, coffee shops,cafeterias, and public and private school cafeterias, which gives or offers for sale food to the public,guests, or employees, as well as kitchens and catering facilities in which food is prepared on thepremises and served elsewhere. The term “restaurant” shall include any tavern, lounge or bar areawithin the restaurant.

“Retail sales” mean establishments engaged in the sale of goods or merchandise to the generalpublic for personal or household consumption and rendering services incidental to the sale of suchgoods. A retail sales establishment is usually a place of business and is engaged in activity to attractthe general public to make purchases.

“Shopping mall” means an enclosed public walkway or hall area that serves to connect retailsale or professional service establishments.

“Smoke” or “smoking” means the inhaling, exhaling, burning or carrying of any lightedtobacco product, weed, plant or other combustible product in a smoking instrument or the placementof smoking instruments containing a lighted tobacco product, weed, plant or other combustibleproduct in an ashtray or other receptacle and allowing smoke to diffuse into the air. This definitiondoes not include incense.

“Smoking instrument” means any cigar, cigarette, pipe, hookah or water pipe, or any othersmoking device.

“Sports arena” means sports pavilions, stadiums, gymnasiums, health spas, swimming pools,roller and ice rinks, bowling alleys, and other similar places where members of the general publicassemble to engage in physical exercise, participate in athletic competition, or witness sports or otherevents.

“Tavern, lounge or bar” means any establishment open to the public whose primary sourceof revenue is from the sale of alcoholic liquor and malt beverages for consumption by guests on thepremises and in which the serving of food is only incidental to the consumption of such beveragesincluding, but not limited to, taverns, nightclubs, cocktail lounges, and cabarets.

“City Owned Youth Athletic Facilities” includes, but is not limited to, facilities where youthsoccer, baseball, skateboarding and any other youth activities occur, whether the facility is enclosedor not.

“Youth” means any person who has not attained 18 years of age.

8.64.030 Application of chapter to city owned facilities.

All enclosed areas, including buildings and vehicles owned, leased or operated by the City ofCheyenne, shall be subject to the provisions of this chapter.

8.64.040 Prohibition of smoking in public places.

A. Smoking shall be prohibited in all enclosed areas of public places within the cityincluding, but not limited to, the following:

1. Galleries, libraries and museums;

2. Areas available to and customarily used by the general public in businesses andfor-profit or non-profit entities patronized by the public including, but not limited to,professional offices, banks, laundromats, hotels and motels;

3. Bingo and/or pull tab gaming premises;

4. Convention facilities;

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5. Elevators;

6. Taverns, lounges or bars;

7. Health care facilities;

8. Licensed child care, adult day care and pre-school facilities;

9. Lobbies, hallways and other common areas in apartment buildings,condominiums, trailer parks, retirement facilities, nursing homes, and other multiple-unitresidential facilities;

10. Performance halls;

11. Election polling places;

12. Private clubs;

13. Restaurants;

14. Restrooms, lobbies, reception areas, hallways, and other common-use areas;

15. Retail stores;

16. Rooms, chambers, places of meeting or public assembly, including schoolbuildings, under the control of an agency, board, commission, committee or governing bodyof the City of Cheyenne, to the extent the place is subject to the jurisdiction of the City ofCheyenne;

17. Shopping malls;

18. Sports arenas and convention halls, including bowling facilities;

19. Public transportation;

20. City Owned Youth Athletic Facilities.

8.64.050 Prohibition of smoking in places of employment.

A. Smoking shall be prohibited in all enclosed areas within places of employmentincluding, but not limited to, common work areas, auditoriums, classrooms, conference and meetingrooms, elevators, hallways, medical facilities, cafeterias, employee lounges, stairs, restrooms, publictransportation vehicles and all other enclosed facilities.

B. Employers affected by this chapter shall communicate the provisions of this chapterto all existing employees by the effective date of the ordinance and to all prospective employees ontheir application for employment.

8.64.060 Distance to be observed from all entryways where smoking is prohibited.

In order to prevent secondhand smoke from entering a public place or place of employmentwhere smoking is prohibited, every person who is smoking shall smoke a distance of at least ten (10)feet from all public entranceways, passageways, operable windows or ventilation systems of anyenclosed area where smoking is prohibited. Any person who fails to comply with this provision afteran oral request to cease smoking by the owner, operator, manager or other person having control ofthe smoke-free establishment or enclosed area shall be in violation of the provisions of this chapter.

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8.64.070 Declaration of establishment as nonsmoking.

Notwithstanding any other provision of this chapter, an owner, operator, manager, or otherperson in control of an establishment, facility or outdoor area may declare that entire establishment,facility or outdoor area as a nonsmoking place. Smoking shall be prohibited in any place in which asign conforming to the requirements of Section 8.64.120 of this chapter is posted.

8.64.080 Where smoking is not regulated.

A. Notwithstanding any other provision of this chapter to the contrary, the followingareas shall be exempt from the provisions of Sections 8.64.040 and 8.64.050 of this chapter:

1. Private residences, except when used as a licensed child care, licensed adultday care, pre-school or health care facilities;

2. Hotel and motel rooms that are rented to guests and are designated as smokingrooms;

3. Outdoor places of employment, except those expressly exempt from theprovisions of Section 8.64.060 of this chapter;

4. Private offices, provided that the private office is not open to public, the publicis not invited, and the office is not intended for occupancy by employees during the courseof their employment;

5. Outside Patios. The opening of any sliding or folding windows or doors orother windows or doors from any part of the border to an outdoor patio shall be closed toprevent the migration of smoke into the enclosed area. If sliding or folding windows or doorsor other windows or doors do not prevent the migration of smoke into the enclosed buildingarea, the outdoor patio shall be considered an extension of the enclosed area and subject tothe prohibitions of this chapter;

6. Private or business vehicles, except those used for public transportation.

7. Retail tobacco shops, which means any enclosed indoor workplace dedicatedto or predominantly for the retail sale of tobacco products, and accessories for such products, inwhich the sale of other products or services is incidental. To enter or be employed in a retail tobaccoshop persons must be at least the age of majority.

8.64.090 Public education.

The city will disseminate public information to explain and clarify the purposes andrequirements of this chapter. Information may include the availability of a brochure for affectedbusinesses and individuals.

8.64.100 Other applicable laws.

This chapter shall not be interpreted or construed to permit smoking where it is otherwiserestricted or prohibited.

8.64.110 Citizen complaints; procedures.

A Violations of this chapter may be reported to the Cheyenne Police Department at thetime of violation by telephoning non-emergency dispatch. In addition:

1. The Cheyenne Police Department shall respond to complaints made forviolations occurring at the time of the complaint. The Cheyenne Police Department may issuecitations or warning tickets at the discretion of the responding officer.

2. Violators will be provided a copy of any warning ticket or citation issued.

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8.64.120 Posting of signs.

A. “No Smoking” signs or the international “No Smoking” symbol (consisting of apictorial representation of a burning cigarette enclosed in a red circle with a red bar across it) shallbe clearly and conspicuously posted in every public place and place of employment where smokingis prohibited by this chapter.

B. The owner, operator, manager or other person having control of an area wheresmoking is prohibited shall remove all ashtrays or other smoking instruments if their intended use isfor smoking in such enclosed area.

8.64.130 Non-retaliation.

No person or employer shall discharge, refuse to hire, or in any manner retaliate against anemployee, applicant for employment or customer because that employee, applicant, or customerexercises any rights afforded by this chapter or reports or attempts to prosecute a violation of thischapter.

8.64.140 Violations and penalties.

A. A person who violates the provisions of this chapter is guilty of a misdemeanor,punishable pursuant to the general provisions of 1.24.010 of the city code.

B. A person who owns, manages, operates or otherwise controls a public place or placeof employment and who knowingly fails to comply with the provisions of this chapter after receivingoral or written notice from the City shall be guilty of a misdemeanor as set forth in A above.

1. In addition to the penalties established by subsections A and B of this Section,violation of this chapter by a person who owns, manages, operates, or otherwise controls apublic place or place of employment may result in the suspension or revocation of any Citypermit or license issued to the person for the premises on which the violation occurred,pursuant to the ordinance under which the license is issued. Further, violation of this chapterconstitutes a public nuisance

C. Each separate violation of this chapter shall be considered a separate and distinctviolation.

8.64.150 Enforcement.

A. Any Cheyenne Police Department law enforcement officer shall be authorized toenforce the provisions of this chapter.

B. Notice of the provisions of this chapter shall be given to all applicants for city business,food or alcohol-related licenses and permits and distributed through other means, as determined bythe city.

C. Any citizen who desires to register a complaint under this chapter may initiateenforcement action under the procedures set forth in 8.64.010.

D. Failure of the owner, manager, operator or employee of an establishment to orallyinform a person who smokes in an area where smoking is prohibited by the provisions of this chaptershall not constitute a defense.

8.64.160 Liberal construction.

This chapter shall be liberally constructed so as to further its purposes.

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Section 3. This ordinance shall be in full force and effect upon approval and publication, butnot sooner than August 15, 2006.

FIRST READING: May 8, 2006

SECOND READING: May 22, 2006

THIRD AND FINAL READING: June 12, 2006

__________________________________________Jack R. Spiker, Mayor

(SEAL)

Attest:

____________________________________Carol A. Intlekofer, City Clerk

Publish: Wyoming Tribune EagleJune 16, 2006

Air Quality Data StudyJackson Town Hall

Calibration Sensor: AerosolCal. date 07/27/2007

Date Time Aerosol PMMM/dd/yyyy hh:mm:ss mg/m^3 2.5 40 Samples

07/27/2007 9:42:14 0.038 12.16 ≤ 15 Good 97.5%07/27/2007 9:43:14 0.041 13.12 16-40 Moderate 2.5%07/27/2007 9:44:14 0.038 12.16 41-65 Unhealthy for Sensative Groups 0.0%07/27/2007 9:45:14 0.039 12.48 66-150 Unhealthy 0.0%07/27/2007 9:46:14 0.045 14.40 151-250 Very Unhealthy 0.0%07/27/2007 9:47:14 0.033 10.56 ≥ 251 Hazardous 0.0%07/27/2007 9:48:14 0.023 7.3607/27/2007 9:49:14 0.027 8.6407/27/2007 9:50:14 0.028 8.9607/27/2007 9:51:14 0.025 8.0007/27/2007 9:52:14 0.030 9.6007/27/2007 9:53:14 0.026 8.3207/27/2007 9:54:14 0.026 8.3207/27/2007 9:55:14 0.035 11.2007/27/2007 9:56:14 0.026 8.3207/27/2007 9:57:14 0.025 8.0007/27/2007 9:58:14 0.030 9.6007/27/2007 9:59:14 0.028 8.9607/27/2007 10:00:14 0.026 8.3207/27/2007 10:01:14 0.032 10.2407/27/2007 10:02:14 0.028 8.9607/27/2007 10:03:14 0.029 9.2807/27/2007 10:04:14 0.027 8.6407/27/2007 10:05:14 0.030 9.6007/27/2007 10:06:14 0.025 8.0007/27/2007 10:07:14 0.029 9.2807/27/2007 10:08:14 0.030 9.6007/27/2007 10:09:14 0.057 18.2407/27/2007 10:10:14 0.031 9.9207/27/2007 10:11:14 0.028 8.9607/27/2007 10:12:14 0.027 8.6407/27/2007 10:13:14 0.028 8.9607/27/2007 10:14:14 0.027 8.6407/27/2007 10:15:14 0.029 9.2807/27/2007 10:16:14 0.026 8.3207/27/2007 10:17:14 0.039 12.4807/27/2007 10:18:14 0.043 13.7607/27/2007 10:19:14 0.043 13.7607/27/2007 10:20:14 0.045 14.40

LEGEND

Samples were taken each minute between 9:42AM and 10:21AM. Of those 40 samples, 97.6% were Good; 2.5% (1 sample) was Moderate; none were Unhealthy or worse.

This air quality study was performed on 7/27/2007 at the Jackson Town Hall using a Sidepak TSISidePak AM510 Personal Aerosol Monitor. The sidepak monitor measures respirable suspendedparticles less than 2.5 microns (PM2.5) in diameter. PM2.5 is the standard measurement used bythe EPA to determine air quality since particles of this size are easily inhaled deeply into the lungs.

Air Quality Data StudyThe Virginian

Calibration Sensor: AerosolCal. date 07/31/2007

Date Time Aerosol PMMM/dd/yyyy hh:mm:ss mg/m^3 2.5 41 Samples

07/31/2007 22:46:34 0.074 23.68 ≤ 15 Good 0.0%07/31/2007 22:47:34 0.301 96.32 16-40 Moderate 2.4%07/31/2007 22:48:34 0.397 127.04 41-65 Unhealthy for Sensative Groups 0.0%07/31/2007 22:49:34 0.434 138.88 66-150 Unhealthy 75.6%07/31/2007 22:50:34 0.426 136.32 151-250 Very Unhealthy 19.5%07/31/2007 22:51:34 0.509 162.88 ≥ 251 Hazardous 4.9%07/31/2007 22:52:34 0.570 182.4007/31/2007 22:53:34 0.729 233.2807/31/2007 22:54:34 0.682 218.2407/31/2007 22:55:34 0.916 293.1207/31/2007 22:56:34 0.819 262.0807/31/2007 22:57:34 0.281 89.9207/31/2007 22:58:34 0.378 120.9607/31/2007 22:59:34 0.413 132.1607/31/2007 23:00:34 0.281 89.9207/31/2007 23:01:34 0.759 242.8807/31/2007 23:02:34 0.341 109.1207/31/2007 23:03:34 0.309 98.8807/31/2007 23:04:34 0.328 104.9607/31/2007 23:05:34 0.323 103.3607/31/2007 23:06:34 0.311 99.5207/31/2007 23:07:34 0.295 94.4007/31/2007 23:08:34 0.323 103.3607/31/2007 23:09:34 0.406 129.9207/31/2007 23:10:34 0.412 131.8407/31/2007 23:11:34 0.469 150.0807/31/2007 23:12:34 0.571 182.7207/31/2007 23:13:34 0.460 147.2007/31/2007 23:14:34 0.417 133.4407/31/2007 23:15:34 0.357 114.2407/31/2007 23:16:34 0.324 103.6807/31/2007 23:17:34 0.300 96.0007/31/2007 23:18:34 0.302 96.6407/31/2007 23:19:34 0.258 82.5607/31/2007 23:20:34 0.253 80.9607/31/2007 23:21:34 0.268 85.7607/31/2007 23:22:34 0.478 152.9607/31/2007 23:23:34 0.304 97.2807/31/2007 23:24:34 0.308 98.5607/31/2007 23:25:34 0.286 91.5207/31/2007 23:26:34 0.234 74.88

LEGEND

Samples were taken each minute between 10:46PM and 11:26PM. Of those 41 samples, 97.6% were Unhealthy or Worse.

This air quality study was performed on 7/31/2007 at the Virginian Bar using a Sidepak TSI SidePakAM510 Personal Aerosol Monitor. The sidepak monitor measures respirable suspended particlesless than 2.5 microns (PM2.5) in diameter. PM2.5 is the standard measurement used by the EPA todetermine air quality since particles of this size are easily inhaled deeply into the lungs.

The Wyoming Survey and Analysis Center’s (WYSAC) Survey Research Center conducts the statewide Adult Tobacco Survey (ATS), under a contract with the Wyoming Department of Health, Mental Health and Substance Abuse Division. This biennial standardized telephone survey covers a wide range of tobacco-related topics, including smoking, smokeless tobacco use, cessation, and knowledge and attitudes concerning tobacco. Involving more than 2000 completed interviews, the Wyoming ATS is one component of the national monitoring system of the Centers for Disease Control and Prevention.

Note: red font indicates respondent data.

Survey Results of the Landings Research Poll Conducted in Jackson in July 2007

1. How concerned are you about the health effects of secondhand smoke … would you say

very concerned, somewhat concerned, not concerned or not at all concerned? Very concerned 49% Somewhat concerned 30% Neutral 3% Not very concerned 9% Not at all concerned 9% Don’t know/no answer 1 Total Respondents 400

2. Would you strongly favor, somewhat favor, somewhat oppose, or strongly oppose a law

that would prohibit smoking in indoor public buildings, restaurants and bars?

Strongly favor (proceed to question 2a and 2b) 59% Somewhat favor (proceed to question 2a and 2b) 16% Neutral (skip to question 3) 5% Somewhat oppose (skip to question 2c) 8% Strongly oppose (skip to question 2c) 12% Don’t know/no answer (skip to question 3) 2 Total Respondents 400

2a.Now, I am going to read a list of possible reasons why you would support a law that would

prohibit smoking in indoor public buildings, restaurants and bars. Please tell me which of the reasons listed would most closely represent your reason for supporting this law.

Base: Respondents who FAVOR prohibiting smoking in indoor public buildings: It is important to protect the health of workers and customers. 34% It is important to protect nonsmokers’ right to breathe clean air. 37% Jackson is a community dedicated to health – committing to a smoke free lifestyle makes sense as part of our commitment to living a healthy lifestyle. 11% It is important because studies show a smoke free law reduces the number of youth who start smoking and increases the number of adults who quit smoking 13% Other 5% Total Respondents 301

2b. What 2 or 3 words or phrase would you use to talk to people/friends/neighbors about

protecting people from second hand smoke? Results available upon request. 2c. Now I am going to read a list of possible reasons why you might oppose a law that would

prohibit smoking in most indoor public buildings, restaurants and bars. Please tell me which of the reasons listed would most closely represent your reason for opposing this law.

Base: Respondents who OPPOSE prohibiting smoking in indoor public buildings: Business owners should have the right to make the decision whether a person smokes

in their building or not. 59% A law may hurt businesses’ ability to make a profit. 4% A person should be able to smoke where they want. 13% Ninety-eight percent of Jackson businesses are already smoke-free. 18% Other 6% Total Respondents 79

Concerned (Net) 79%

Not Concerned (Net) 18%

Favor (Net) 75%

Oppose (Net) 20%

Survey Results of the Landings Research Poll

Note: red font indicates respondent data.

3. What 2 or 3 words or phrase would you use to explain to a friend why you think a law

protecting Jackson residents from second hand smoke in public places is necessary? Results available upon request.

4. What is your age?

18 – 24 6% 25 – 34 9% 35 – 44 23% 45 – 54 32% 55 – 64 16% 65+ 15% DK/NA/Refused 0% Total Respondents 400

5. What is the highest level of school or the highest degree you received?

Less than high school graduation or GED 2% High School 14% Technical/vocational 3% Some college 17% College 63% DK/NA/Refused 2% Total Respondents 400

6. What is your annual household income from all sources?

Less than $19,999 4% $20,000 - $29,999 4% $30,000 - $39,999 8% $40,000 - $49,999 7% $50,000 - $74,999 20% $75,000 - $99,999 17% $100,000 or more 40% DK/NA/Refused 19% Total Respondents 400

ORDINANCE NO. ____ 1 2 3

AN ORDINANCE PROHIBITING SMOKING IN PUBLIC PLACES AND 4 PROVIDING FOR AN EFFECTIVE DATE. 5 6 BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF JACKSON, 7 WYOMING, IN REGULAR SESSION DULY ASSEMBLED THAT: 8 9 WHEREAS, Numerous peer reviewed studies have found that tobacco smoke is a 10 major contributor to indoor air pollution and that breathing secondhand smoke is a cause 11 of disease in healthy non-smokers, including heart disease, stroke, respiratory disease, 12 and lung cancer. At special risk are children, elderly people, individuals with 13 cardiovascular disease, and individuals with impaired respiratory function, including 14 asthmatics and those with obstructive airway disease; and 15 16 WHEREAS, Health hazards induced by breathing secondhand smoke include 17 lung cancer, heart disease, respiratory infection, and decreased respiratory function, 18 including broncho-constriction and broncho-spasm; and 19 20 WHEREAS, A significant amount of secondhand smoke exposure occurs in the 21 workplace. Employees who work in smoke-filled businesses suffer a 25 to 50% higher 22 risk of heart attack and higher rates of death from cardiovascular disease and cancer, as 23 well as increased acute respiratory disease and measurable decrease in lung function. 24 25 NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN 26 OF JACKSON, WYOMING, IN REGULAR SESSION DULY ASSEMBLED THAT: 27 28 29 SECTION I. 30 31 By virtue of the power granted by Wyoming Statute §15-1-103(a)(xli), the Town 32 Council of the Town of Jackson finds and declares the purpose of the ordinance codified 33 herein is to protect the public health and welfare by prohibiting smoking in public places 34 and places of employment to guarantee the right of nonsmokers to breathe smoke free air 35 and to recognize that the need breathe smoke free air shall have priority over the desire to 36 smoke. 37 38 39 SECTION II 40 41 CHAPTER 8.35 SMOKING IN PUBLIC PLACES 42 43 8.35.010 DEFINITIONS 44 45

A. As used in this chapter, the following terms shall have the following meanings: 46 47

1. “Business” means any legal entity including, but not 48 limited to, sole proprietorship, partnership, joint venture, 49 corporation, limited liability company, or other business 50

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entity whether formed for profit making or nonprofit 51 purposes, including retail establishments where goods or 52 services are sold, as well as professional corporations and 53 other entities where legal, medical, dental, engineering, 54 architectural, or other professional services are delivered. 55

2. “Jackson/Teton County Parks and Recreation Facilities” 56 includes, but is not limited to, facilities where youth soccer, 57 baseball, skateboarding, skating, and any other youth 58 activities occur, whether the facility is enclosed or not. 59

3. “Employee” means any person who is employed by an 60 employer in consideration for direct or indirect monetary 61 wages or profit, and a person who volunteers his or her 62 services for a nonprofit entity. 63

4. “Employer” means a person, business, partnership, 64 association, corporation, trust, nonprofit entity, or a 65 municipal corporation that employs the services of one or 66 more individual persons. 67

5. “Enclosed area” means all space between a floor and 68 ceiling that is enclosed on all sides by solid walls or 69 windows, exclusive of doorways, which extend from the 70 floor to the ceiling. 71

6. “Health care facility” means an office or institution 72 providing care or treatment of diseases, whether physical, 73 mental, or emotional, or other medical, physiological, or 74 psychological conditions including, but not limited to, 75 hospitals, rehabilitation hospitals or other clinics, including 76 weight control clinics, nursing homes, homes for the aging 77 or chronically ill, laboratories, and offices of surgeons, 78 chiropractors, physical therapists, physicians, dentists, and 79 all specialists with these professions. This definition shall 80 include all waiting rooms, hallways, private rooms, semi-81 private rooms, and wards with health care facilities. 82

7. “Outdoor patio” means an outdoor area, open to the air at 83 all times, that is either: 84

a) Enclosed by a roof or other overhead covering and 85 not more than two walls or other side coverings; or 86

b) Has no roof or other overhead covering at all 87 regardless of the number of walls or other side 88 coverings. 89

8. “Performance hall” means any area or facility that is 90 primarily used for the exhibition of any motion picture, 91 stage, drama, lecture, musical recital or other similar 92 performances including, but not limited to, concert halls 93 and theaters. 94

9. “Place of employment” means an area under the control of 95 an employer which is intended for occupancy by employees 96

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during the course of employment including, but not limited 97 to, work areas, employee lounges, restrooms, conference 98 rooms, meeting rooms, classrooms, employee cafeterias, 99 waiting areas, offices, stairways, and hallways. A private 100 residence is not a “place of employment” unless it is used 101 as a licensed child care, licensed adult day care, health care 102 or pre-school facility, or any other aforementioned 103 business. 104

10. “Private club” means those organizations or entities defined 105 as a “club” in Wyo. Stat. Section 12-1-101(a)(iii), which 106 are not open to the public. 107

11. “Public place” means an enclosed area to which the public 108 is invited or in which the public is permitted including, but 109 not limited to, banks, and other financial institutions, 110 publicly funded buildings, public conveyances, recreational 111 facilities, taverns, lounges, bars, educational facilities, 112 health care facilities, laundromats, public transportation 113 facilities, reception areas, restaurants, retail food 114 production and marketing establishments, including 115 grocery stores, supermarkets and stores where food items 116 are sold for on-premises or off-premises consumption, 117 retail service establishments, retail stores, shopping malls, 118 sports arenas, theaters, and waiting rooms. A private 119 residence is not a “public place” unless it is used as a 120 licensed child care, licensed adult day care, health care or 121 pre-school facility. 122

12. “Public transportation” means, but is not limited to, any 123 enclosed mode of public transportation, including a train, 124 passenger bus, school bus or other vehicle used to transport 125 pupils, and taxi; or a vehicle that is owned by, or operated 126 by a business and is open to the public, including tour 127 vehicles, passenger buses or vans regularly used to 128 transport customers. Notwithstanding the foregoing, a 129 private vehicle not open to the public or not used for the 130 transportation of the public during the times of use, 131 including a private passenger vehicle, a private charter or 132 rental of a limousine, bus or van, shall not be considered 133 public transportation. 134

13. “Restaurant” means an eating establishment including, but 135 not limited to, coffee shops, cafeterias, and public and 136 private school cafeterias, which gives or offers for sale food 137 to the public, guests, or employees, as well as kitchens and 138 catering facilities in which food is prepared on the premises 139 and served elsewhere. The term “restaurant” shall include 140 any tavern, lounge or bar area within the restaurant. 141

14. “Retail sales” means establishments engaged in the sale of 142 goods or merchandise to the general public for personal or 143 household consumption and rendering services incidental to 144

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the sale of such goods. A retail sales establishment is 145 usually a place of business and is engaged in activity to 146 attract the general public to make purchases. 147

15. “Shopping mall” means an enclosed public walkway or hall 148 area that serves to connect retail sale or professional service 149 establishments. 150

16. “Smoke” or “smoking” means the inhaling, exhaling, 151 burning or carrying of any lighted tobacco product, weed, 152 plant or other combustible product in a smoking instrument 153 or the placement of smoking instruments containing a 154 lighted tobacco product, weed, plant or other combustible 155 product in an ashtray or other receptacle and allowing 156 smoke to diffuse into the air. This definition does not 157 include incense. 158

17. “Smoking instrument” means any cigar, cigarette, pipe, 159 hookah or water pipe, or any other smoking device. 160

18. “Sports arena” means sports pavilions, stadiums, 161 gymnasiums, health spas, swimming pools, roller and ice 162 rinks, bowling alleys, and other similar places where 163 members of the general public assemble to engage in 164 physical exercise, participate in athletic competition, or 165 witness sports or other events. 166

19. “Tavern, lounge or bar” means any establishment open to 167 the public whose primary source of revenue is from the sale 168 of alcoholic liquor and malt beverages for consumption by 169 guests on the premises and in which the serving of food is 170 only incidental to the consumption of such beverages 171 including, but not limited to, taverns, nightclubs, cocktail 172 lounges, and cabarets. 173

20. “Youth” means any person who has not attained eighteen 174 (18) years of age. 175

176 8.35.020 PROHIBITION OF SMOKING IN PUBLIC PLACES 177 178

A. Smoking shall be prohibited in all enclosed areas of public places within the town 179 including, but not limited to the following: 180

181 1. Galleries, libraries, museums; 182 2. Areas available to and customarily used by the general 183

public in businesses and for-profit or nonprofit entities 184 patronized by the public including, but not limited to, 185 professional offices, banks, laundromats, hotels and motels; 186

3. Bingo and/or pull tab gaming premises; 187 4. Convention facilities; 188 5. Elevators; 189 6. Taverns, lounges, or bars; 190

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7. Health care facilities; 191 8. Licensed child care, adult day care and pre-school facilities 192 9. Lobbies, hallways, and other common areas in apartment 193

buildings, condominiums, trailer parks, retirement 194 facilities, nursing homes, and other multiple-unit residential 195 facilities; 196

10. Performance Halls; 197 11. Election polling places; 198 12. Private Clubs; 199 13. Restaurants; 200 14. Restrooms, lobbies, reception areas, hallways, and other 201

common-use areas; 202 15. Retail Stores; 203 16. Places of meeting or public assembly; 204 17. School Facilities 205 18. Shopping Malls; 206 19. Sports arenas and convention halls, including bowling 207

facilities; 208 20. Public Transportation 209 21. Jackson/Teton County Parks and Recreation Facilities 210 22. All enclosed areas, including buildings and vehicles owned, 211

leased or operated by the Town of Jackson or the Jackson 212 Hole Airport Board 213

214 8.35.030 PROHIBITION OF SMOKING IN PLACES OF EMPLOYMENT 215 216

A. Smoking shall be prohibited in all enclosed areas within places of employment 217 including, but not limited to, common work areas, auditoriums, classrooms, 218 conference and meeting rooms, elevators, hallways, medical facilities, cafeterias, 219 employee lounges, stairs, restrooms, public transportation vehicles and all other 220 enclosed facilities. 221

B. Employers affected by this Chapter shall communicate the provisions of this 222 chapter to all existing employees by the effective date of the ordinance codified 223 in this chapter and to all prospective employees on their application for 224 employment. 225

226 8.35.040 DISTANCE TO BE OBSERVED 227 228

In order to prevent secondhand smoke from entering a public place or place of 229 employment where smoking is prohibited, every person who is smoking shall 230 smoke a distance of at least twenty (20) feet from all public entranceways, 231 passageways, operable windows or ventilation systems of any enclosed area 232 where smoking is prohibited. Any person who fails to comply with this provision 233 after an oral request to cease smoking by the owner, operator, manager, person 234 having control of the smoke free establishment or enclosed area, Peace Officer, or 235 Municipal Officer shall be in violation of the provisions of this Chapter. 236

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8.35.050 DECLARATION OF ESTABLISHMENT AS NON-SMOKING 237 238

Notwithstanding any other provision of this Chapter, an owner, operator, manager, 239 or other person in control of an establishment, facility or outdoor area may declare 240 that entire establishment, facility, or outdoor area as a nonsmoking place. 241 Smoking shall be prohibited in any place in which a sign conforming to the 242 requirements of Section 8.35.080 of this Chapter is posted. 243

244 8.35.060 WHERE SMOKING IS NOT REGULATED 245 246

A. Notwithstanding any other provision of this chapter to the contrary, the following 247 areas shall be exempt from the provisions of this Chapter: 248

249

1. Private residences, except when used as a licensed child 250 care, licensed adult day care, pre-school, or health care 251 facility. 252

2. Independent living units for adults, which are used for 253 private residences, provided that smoke from these places 254 do not infiltrate into areas where smoking is prohibited. 255

3. Hotel and Motel rooms that are rented to guests and are 256 designated as smoking rooms. 257

4. Outdoor places of employment. 258

5. Private offices, provided that the private office is not open 259 to the public, the public is not invited, and the office is not 260 intended for occupancy by employees during the course of 261 their employment. 262

6. Outside Patios. The opening of any sliding or folding 263 windows or doors or other windows or doors from any part 264 of the border to an outdoor patio shall be closed to prevent 265 the migration of smoke into the enclosed area. If sliding or 266 folding windows or doors or other windows or doors do not 267 prevent the migration of smoke into the enclosed building 268 are, the outdoor patio shall be considered an extension of 269 the enclosed area and subject to the prohibitions of this 270 Chapter. 271

7. Private or business vehicles, except those used for public 272 transportation. 273

8. “Retail Tobacco Shops” which means any enclosed indoor 274 workplace dedicated to or predominantly for the retail sale 275 of tobacco products, and accessories for such products, in 276 which the sale of other products or services is incidental. 277 To enter or be employed in a retail tobacco shop persons 278 must be at least the age of majority. 279

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8.35.070 POSTING OF SIGNS 280 281

“No Smoking” signs or the international “No Smoking” symbol (consisting of a 282 pictorial representation of a burning cigarette enclosed in a red circle with a red bar 283 across it) shall be clearly and conspicuously posted in every public place and place of 284 employment where smoking is prohibited by this Chapter. 285

286 8.35.080 PENALTIES 287 288

A. A person who violates the provisions of this Chapter is guilty of a misdemeanor. 289 290 B. A person who owns, manages, operates or otherwise controls a public place or 291

place of employment who knowingly fails to comply with the provisions of this 292 Chapter after receiving oral or written notice from the town shall be guilty of a 293 misdemeanor. 294

1. In addition to the criminal penalties, violation of this 295 Chapter by a person who owns, manages, operates , or 296 otherwise controls a public place or place of employment 297 may result in the suspension or revocation of any town 298 permit or license issued to the person for the premises on 299 which the violation occurred, pursuant to the ordinance 300 under which the license is issued. Further violation of this 301 Chapter constitutes a public nuisance. 302

303 C. Each separate violation of this Chapter shall be considered a separate and distinct 304

violation. 305 306 307 SECTION III. 308 309

A. Chapter 8.34 is hereby repealed. 310 311 B. All ordinances and parts of ordinances in conflict with the provisions of this 312

ordinance are hereby repealed. 313 314 315 SECTION IV. 316 317

If any section, subsection, sentence, clauses, phrase or portion of this ordinance is 318 for any reason held invalid or unconstitutional by any court of competent 319 jurisdiction, such portion shall be deemed a separate and distinct and independent 320 provision and such holding shall not affect the validity of the remaining portions 321 of the ordinances. 322

323 This ordinance shall take effect from and after the date of its publication following 324 approval and adoption. 325

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PASSED 1ST READING THE ____ DAY OF ___________, 2007. 326 327 PASSED 2ND READING THE ____ DAY OF ___________, 2007. 328 329 PASSED, APPROVED AND ADOPTED THE _____ DAY OF ___________, 2007. 330 331 332 333 TOWN OF JACKSON 334 335 BY:_____________________ 336 Mark Barron, Mayor 337 338 _________________________________ 339 Roxanne DeVries Robinson, Town Clerk 340 341 342 ATTESTATION OF TOWN CLERK 343 344 STATE OF WYOMING ) 345 ) ss. 346 COUNTY OF TETON ) 347 348 349 I hereby certify that the foregoing Ordinance No. was duly published in the Jackson 350 Hole News and Guide, a newspaper of general circulation published in the Town of 351 Jackson, Wyoming on the day of , 2007. 352 353 I further certify that the foregoing ordinance was duly recorded on Page of Book 354 of the Ordinances of the Town of Jackson, Wyoming. 355

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