19 - Prohibit the Use of Electronic Cigarettes in Public Places and provide for a variance for semi-enclosed areas of places of employment

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policy prioritizing enforcement against certain unauthorized flavored e -cigarette products that appeal to children. With respect to the variance procedure, the city attorney has drafted the procedure set out in the included proposed ordinance. It provides for a definition of "semi -enclosed area;" for an application; for a public hearing; and for a variance duration of three years, with renewal variances available. As directed by Council, the application is to be made by the business owner. Prior to the public hearing, an applicant must post a notice in the affected semi -enclosed area so that all employees will have notice in case they wish to speak on the issue. Application will be made through the Department of Planning and Community Development but authority to grant the variance lies with Council.. There is no appeal from the Council's decision. Update: At its meeting on June 13th, Council directed two changes to the draft ordinance: 1. That the application include a petition signed by the majority of employees to be affected by the proposed variance; and 2. That the application be signed by the plant or business manager and the business' human resources director. Both changes have been made in the attached ordinance. The changes have been underlined for your convenience. BUDGET: We anticipate a companion ordinance amending Appendix A to the Code of Ordinances at the next meeting setting out an application fee for the variance application. Any such fee would have little to no impact on the budget. RECOMMENDATION: It is the recommendation of staff that the City Council adopts the Amendment to the Smoking Ordinance (Article 7.03) to prohibit the use of e -cigarettes in public areas and to provide a variance procedure for smoking in semi -enclosed areas as presented.