City of Atlanta
Georgia

Ordinance
19-O-1390
Filed without Objection
Dec 2, 2019 1:00 PM

AN ORDINANCE BY COUNCILMEMBERS MICHAEL JULIAN BOND AND HOWARD SHOOK AS SUBSTITUTED BY PUBLIC SAFETY AND LEGAL ADMINISTRATION COMMITTEE TO AMEND THE CITY OF ATLANTA CODE OF ORDINANCES PART II (GENERAL ORDINANCES), CHAPTER 86 (HEALTH AND SANITATION), ARTICLE II (INDOOR AIR), SECTION 86-33 (AREAS EXEMPT FROM SMOKING PROHIBITIONS) TO ALLOW FOR THE EXEMPTION, THROUGH AN APPLICATION PROCESS, OF ESTABLISHMENTS LICENSED TO SELL ALCOHOL FOR CONSUMPTION ON THE PREMISES WHICH DERIVE AT LEAST TWENTY-FIVE THOUSAND DOLLARS AND ZERO CENTS ($25,000.00) OF THEIR ANNUAL GROSS REVENUE FROM THE SALE OF TOBACCO PRODUCTS; AND FOR OTHER PURPOSES.

Information

Department:Office of Research and Policy AnalysisSponsors:Councilmember, Post 1 At Large Michael Julian Bond
Category:Personal PaperFunctions:None Required

Item Discussion

(Amended and Held 8/13/19 at the request of the co-sponsor)

Body

WHEREAS, at the July 1, 2019 Atlanta City Council meeting, the Council adopted Ordinance 19-O-1205 which prohibited smoking and vaping at the Hartsfield-Jackson Atlanta International Airport; and

 

WHEREAS, Section 86-33 of the ordinance provided an exemption for certain establishments from the smoking prohibition; and

 

WHEREAS, the exemptions included private residences except when licensed for use as a child care, adult day-care, or health care facility, retail tobacco stores and retail vapor product stores, and private clubs, military officer clubs, and noncommissioned officer clubs; and

 

WHEREAS, it also provided an exemption for establishments authorized to sell or serve alcohol for consumption on the premises under Chapter 10, Article II, Division 2 of the City of Atlanta Code of Ordinances, generate 20 percent or $250,000 or more of their annual gross revenue from the sale of tobacco products, and which deny access to any person under the age of 18 and do not employ any individual under the age of 18; and

 

WHEREAS, Section 86-33 specified that such establishments must secure a certificate of exemption to be provided by the city's police department, licenses and permits unit at the time of the issuance of the initial alcohol license, or at the time of the issuance of the alcohol license upon renewal thereof, and which shall be displayed conspicuously in the manner of the alcohol license; and

 

WHEREAS, it is desirable to amend Section 86-33 to apply this exemption toestablishments which generate $25,000 or more of their annual gross revenue from the sale of tobacco products..

 

NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ATLANTA, as follows:

 

SECTION 1: That Part II (General Ordinances), Chapter 86 (Health and Sanitation), Article II (Indoor Air), Section 86-33 (Areas exempt from smoking prohibitions) which currently reads as follows:

 

Sec. 86-33 - Areas exempt from smoking prohibitions

The regulations of smoking pursuant to this article shall not apply in the following areas:

 

(1)              Private residences, except when used as a licensed child care, adult day-care, or health care facility;

 

(2)              An establishment authorized to sell or serve alcohol for consumption on the premises under Chapter 10, Article II, Division 2 of the City of Atlanta Code of Ordinances; generate 20 percent or $250,000 or more of their annual gross revenue from the sale of tobacco products; and which deny access to any person under the age of 18 and do not employ any individual under the age of 18.

 

(i)              Such establishments must secure a certificate of exemption to be provided by the city's police department, licenses and permits unit at the time of the issuance of the initial alcohol license, or at the time of the issuance of the alcohol license upon renewal thereof, and which shall be displayed conspicuously in the manner of the alcohol license.

 

(3)              Retail tobacco stores and retail vapor product stores.

 

(4)              Private clubs, military officer clubs, and noncommissioned officer clubs.

 

Is hereby amended to read as follows (with new language underlined and deleted language struck out):

 

Sec. 86-33 - Areas exempt from smoking prohibitions

The regulations of smoking pursuant to this article shall not apply in the following areas:

 

(1)              Private residences, except when used as a licensed child care, adult day-care, or health care facility;

 

(2)              An establishment authorized to sell or serve alcohol for consumption on the premises under Chapter 10, Article II, Division 2 of the City of Atlanta Code of Ordinances; generate $25,000 or more of their annual gross revenue from the sale of tobacco products; and which deny access to any person under the age of 18 and do not employ any individual under the age of 18.

 

(i)              Such establishments must secure a certificate of exemption to be provided by the city's police department, licenses and permits unit at the time of the issuance of the initial alcohol license, or at the time of the issuance of the alcohol license upon renewal thereof, and which shall be displayed conspicuously in the manner of the alcohol license.

(3)              Retail tobacco stores and retail vapor product stores.

 

(4)              Private clubs, military officer clubs, and noncommissioned officer clubs.

 

SECTION 2: That all ordinances and parts of ordinances in conflict herewith are hereby waived to the extent of the conflict.

 

Meeting History

Jul 1, 2019 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

REFERRED TO PUBLIC SAFETY AND LEGAL ADMINISTRATION COMMITTEE WITHOUT OBJECTION

RESULT:REFERRED WITHOUT OBJECTION
Jul 9, 2019 3:00 PM Video Public Safety & Legal Administration Committee Regular Committee Meeting
draft Draft
RESULT:HELD IN COMMITTEE [UNANIMOUS]
MOVER:Howard Shook, District 7
SECONDER:Dustin Hillis, Chair
AYES:Dustin Hillis, Andrea L. Boone, Andre Dickens, Marci Collier Overstreet, Howard Shook, Antonio Brown
ABSENT:J. P. Matzigkeit
Aug 5, 2019 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

RETURNED AS HELD TO PUBLIC SAFETY AND LEGAL ADMINISTRATION COMMITTEE WITHOUT OBJECTION

MEMBERS PRESENT: HILLIS, SHOOK, DICKENS, COLLIER OVERSTREET, BROWN & BOONE

RESULT:RETURNED AS HELD
Aug 13, 2019 3:00 PM Video Public Safety & Legal Administration Committee Regular Committee Meeting
draft Draft
RESULT:HELD IN COMMITTEE [UNANIMOUS]
MOVER:Dustin Hillis, Chair
SECONDER:J. P. Matzigkeit, District 8
AYES:Dustin Hillis, J. P. Matzigkeit, Andrea L. Boone, Andre Dickens, Marci Collier Overstreet, Howard Shook, Antonio Brown
Aug 19, 2019 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

RETURNED AS HELD TO PUBLIC SAFETY AND LEGAL ADMINISTRATION COMMITTEE WITHOUT OBJECTION

MEMBERS PRESENT: HILLIS, BOONE, COLLIER OVERSTREET, SHOOK, MATZIGKEIT, BROWN & DICKENS

RESULT:RETURNED AS HELD
Aug 27, 2019 3:00 PM Video Public Safety & Legal Administration Committee Regular Committee Meeting
draft Draft
RESULT:HELD IN COMMITTEE
Sep 3, 2019 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

RETURNED AS HELD TO PUBLIC SAFETY AND LEGAL ADMINISTRATION COMMITTEE WITHOUT OBJECTION

RESULT:RETURNED AS HELD
Sep 10, 2019 3:00 PM Video Public Safety & Legal Administration Committee Regular Committee Meeting
draft Draft
RESULT:HELD IN COMMITTEE
Sep 16, 2019 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

RETURNED AS HELD TO PUBLIC SAFETY AND LEGAL ADMINISTRATION COMMITTEE WITHOUT OBJECTION

RESULT:RETURNED AS HELD
Sep 24, 2019 3:00 PM Video Public Safety & Legal Administration Committee Regular Committee Meeting
draft Draft
RESULT:HELD IN COMMITTEE
Oct 7, 2019 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

RETURNED AS HELD TO PUBLIC SAFETY AND LEGAL ADMINISTRATION COMMITTEE WITHOUT OBJECTION

RESULT:RETURNED AS HELD
Oct 15, 2019 3:00 PM Video Public Safety & Legal Administration Committee Regular Committee Meeting
draft Draft
RESULT:HELD IN COMMITTEE
Oct 21, 2019 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

RETURNED AS HELD TO PUBLIC SAFETY AND LEGAL ADMINISTRATION COMMITTEE WITHOUT OBJECTION

RESULT:RETURNED AS HELD
Oct 29, 2019 3:00 PM Video Public Safety & Legal Administration Committee Regular Committee Meeting
draft Draft
RESULT:HELD IN COMMITTEE
Nov 4, 2019 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

RETURNED AS HELD TO PUBLIC SAFETY AND LEGAL ADMINISTRATION COMMITTEE WITHOUT OBJECTION

RESULT:RETURNED AS HELD
Nov 12, 2019 3:00 PM  Public Safety & Legal Administration Committee Regular Committee Meeting
draft Draft
RESULT:HELD IN COMMITTEE
Nov 18, 2019 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

RETURNED AS HELD TO PUBLIC SAFETY AND LEGAL ADMINISTRATION COMMITTEE WITHOUT OBJECTION

RESULT:RETURNED AS HELD
Nov 26, 2019 3:00 PM Video Public Safety & Legal Administration Committee Regular Committee Meeting
draft Draft
RESULT:HELD IN COMMITTEE
Dec 2, 2019 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

AUTOMATICALLY TERMINATED AND FILED PER CHARTER SECTION 2-407 WITHOUT OBJECTION

RESULT:FILED WITHOUT OBJECTION