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Feb 27, 2014 Tahlequah E-cig Ban Ordinance No 1216-2014, Electronic Smoking Devices Prohibited

Feb 27, 2014 Tahlequah E-cig Ban Ordinance No 1216-2014, Electronic Smoking Devices Prohibited

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Published by Kaye Beach
The city of Tahlequah Oklahoma entertained an e-cigarette ban at the beginning of Nov. 2013 but the citizens of Tahlequah Oklahoma showed up in force and beat back the cities insensible proposal to ban the devices.

The Cherokee County Community Health Coalition promised that they would be back with another e-cig ban ordinance in the future. Here it is.
The ordinance will be heard by the Tahlequah City Council — Monday, March 3rd 7:00 PM City Hall — Council Chamber, 111 South Cherokee

_________________________________________________

‘Additional grant money of $42,000 would be granted to Choate’s group as part of TSET’s Communities of Excellence in Tobacco Control.

An amount of $200,000 is received annually by her group from the tobacco settlement.
She emphasized that it is not money that motivates them to push ecig ban.’
(Reported by North West Watch http://www.northwestwatch.org/news/speculations-that-money-push-council-to-ban-ecigarettes/)
The city of Tahlequah Oklahoma entertained an e-cigarette ban at the beginning of Nov. 2013 but the citizens of Tahlequah Oklahoma showed up in force and beat back the cities insensible proposal to ban the devices.

The Cherokee County Community Health Coalition promised that they would be back with another e-cig ban ordinance in the future. Here it is.
The ordinance will be heard by the Tahlequah City Council — Monday, March 3rd 7:00 PM City Hall — Council Chamber, 111 South Cherokee

_________________________________________________

‘Additional grant money of $42,000 would be granted to Choate’s group as part of TSET’s Communities of Excellence in Tobacco Control.

An amount of $200,000 is received annually by her group from the tobacco settlement.
She emphasized that it is not money that motivates them to push ecig ban.’
(Reported by North West Watch http://www.northwestwatch.org/news/speculations-that-money-push-council-to-ban-ecigarettes/)

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Published by: Kaye Beach on Feb 27, 2014
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02/28/2014

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ORDINANCE NO. 1216- 2014AN ORDINANCE RELATING TO THE PROHIBITION OF SMOKING IN INDOOR PUBLIC PLACES AND WORKPLACES PROHIBITING THE USE OF ELECTRONIC SMOKING DEVICES IN CITY OWNED FACILITIES, PROVIDING DEFINITIONS, PROVIDING CERTAIN EEMPTIONS, ESTABLISHING POSTING RE!UIREMENTS, AND PROVIDING FOR PENALTIES AND ENFORCEMENT.BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF TAHLE!UAH, OKLAHOMA, THAT THE PROVISIONS OF THIS ORDINANCE SHALL AMEND AND BE MADE A PART
 
OF
 
CHAPTER 4, OFFENSES AGAINST THE HEALTH, WELFARE AND MORALS, OF PART 10, OFFENSES AND CRIMES, OF THE CODE OF ORDINANCES OF THE CITY OF TAHLE!UAH, OKLAHOMA, AND THE SECTIONS OF THIS ORDINANCE MAY BE RE-NUMBERED TO ACCOMPLISH THIS INTENTION.SECTION 10-426.1" DEFINITIONS
 A.It is the intent of the city council of the City of Tahlequah to provide through this ordinance and, consistent with the provisions of 21 Oklahoa !tatutes section 12"#, and as e$pressed hereafter in this section through section 1%&"'1 of this chapter, to protect the pu(lic health and welfare (y
#$%&'(')'*+
soking
* )& / % 3)$%*'3 %5'*+ '3 '* #/('3 #3, '*%%$ 7%$5#3, %/)%%$ $ * $3$)'%* $.
).*or the purposes of the sections stated in su(section A of this section, the following ters and phrases shall have the eanings ascri(ed to the in this section, e$cept where the conte$t clearly indicates a different eaning+ 1-
ELECTRONIC SMOKING DEVICE
 eans any electronic andor (attery&operated device, the use of which ay rese(le soking that can (e used to deliver an inhaled dose of nicotine or other su(stances. /lectronic soking device includes any such device, whether anufactured, distri(uted, arketed or sold as an electronic cigarette, an electronic cigar, an electronic cigarillo, an electronic pipe, an electronic hookah, or any other product nae or descriptor0
(2)
IOO3 4O3567AC/
 
eans any indoor place of eployent or eployent&type service for or at the request of another individual or individuals, or any pu(lic or private entity, whether part&tie or full&tie and whether for copensation or not. !uch services shall include, without liitation, any service perfored (y an owner, eployee, independent contractor, agent, partner, proprietor, anager, officer, director, apprentice, trainee, associate, servant or volunteer. An indoor workplace includes work areas, eployee lounges, restroos,
 
conference roos, classroos, eployee cafeterias, hallways, any other spaces used or visited (y eployees, and all space (etween a floor and ceiling that is predoinantly or totally enclosed (y walls or windows, regardless of doors, doorways, open or closed windows, stairways, or the like. The provisions of this section shall apply to such indoor workplace at any given tie, whether or not work is (eing perfored0'-O8TOO3 A3/A eans any covered area, partially covered area or area open to the sky that is on a property owned (y the city0"-68)7IC 67AC/
 
eans any enclosed indoor area where individuals other than eployees are invited or peritted0 the ter is synonyous with the phrase any indoor place used (y or open to the pu(lic09-3/C3/ATIOA7 A3/A eans any area that is owned, controlled or used (y the City of Tahlequah and open to the general pu(lic for recreational purposes, regardless of any fee or age requireent. The ter :3ecreational Area; includes (ut is not liited to parks, picnic areas, playgrounds, sports fields, golf courses, walking paths, gardens, hiking trails, (ike paths, riding trails, swiing pools, roller& and ice&skating rinks, (eaches surrounding lakes and skate(oard parks0<-3/!TA83AT
 
eans any eating esta(lishent regardless of seating capacity0 "-!=O5I>
 
eans the carrying (y a person of a lighted cigar, cigarette, pipe or other lighted soking device0 and 9-!TA&A7O/ )A3, !TA&A7O/ TA?/3, A CI>A3 )A3
 
ean an esta(lishent that derives ore than si$ty percent <%@- of its gross receipts, su(ect to verification (y copetent authority, fro the sale of alcoholic (everages and low&point (eer and no person under twenty&one 21- years of age is aditted, e$cept for e(ers of a usical (and eployed or hired as provided in paragraph 2 of su(section ) of !ection 9'# of Title '# of the Oklahoa !tatutes and that is not located within, and does not share any coon entryway or coon indoor area with, any other enclosed indoor workplace, including a restaurant.<-
TOBACCO PRODUCT
 eans any su(stance containing to(acco leaf, including (ut not liited to cigarettes, cigars, pipe to(acco, hookah to(acco, snuff, chewing to(acco, dipping to(acco, snus, (idis, or any other preparation of to(acco0
* *8 #$%/3) %$ %$/)'%* % ))$ 3%*)'*'*+ ('%%+'38 3)' %/*) % *'3%)'*
 that is anufactured, sold, offered for sale, or otherwise distri(uted with the e$pectation that the product or atter will (e introduced into the huan (ody. BTo(acco 6roduct does not include any cessation product specifically approved (y the 8nited !tates *ood and rug  Adinistration for use in treating nicotine or to(acco dependence.
 
SECTION 10-426.2" PROHIBITION OF TOBACCO PRODUCTS AND ELECTRONIC SMOKING DEVICES IN CERTAIN PLACES PROHIBITED.
 A.The possession of lighted to(acco in any for is a pu(lic nuisance and dangerous to pu(lic health and is here(y prohi(ited when such possession is in any indoor place used (y or open to the pu(lic, pu(lic transportation, or any indoor workplace, e$cept where specifically allowed (y law.
B.A (/''*+, %$ #%$)'%* )&$%, %7* %$ %#$) (8 )&' C')8 &( *)'$8 )%(33% $ )% '*3/%$ % )%(33% #$%/3) '*3/'*+ 3)$%*'3 %5'*+ '3.
C.All indoor and outdoor recreational areas owned or operated (y this city, shall (e entirely to(acco free to include all fors of to(acco products
'*3/'*+ 3)$%*'3 %5'*+ '3.
.Any person who knowingly violates this section is guilty of a isdeeanor and upon conviction thereof, shall (e punished in accordance with the penalty provisions of section 1%&"2<.< of this chapter.
SECTION 10-426.9" EEMPTIONS
 A.The restrictions provided in !ection 1%&"2<.2 shall not apply to the following+ 1-!tand&alone (ars, stand&alone taverns and cigar (ars0 2-The roo or roos where licensed charita(le (ingo gaes are (eing operated, (ut only during the hours of operation of such gaes0 '-8p to twenty&five percent 29@- of the guest roos at a hotel or other lodging esta(lishent0 "-3etail to(acco stores predoinantly engaged in the sale of to(acco products and accessories and in which the sale of other products is erely incidental and in which no food or (everage is sold or served for consuption on the preises0 9-4orkplaces where only the owner or operator of the workplace, or the iediate faily of the owner or operator, perfors any work in the workplace, and the workplace has only incidental pu(lic access. DIncidental pu(lic accessD eans that a place of (usiness has only an occasional person, who is not an eployee, present at the (usiness to transact (usiness or ake a delivery. It does not include (usinesses that depend on walk&in custoers for any part of their (usiness0 <-4orkplaces occupied e$clusively (y one or ore sokers, if the workplace has only incidental pu(lic access0 #-6rivate offices occupied e$clusively (y one or ore sokers0

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