No smoking signs will be added to county parks, some area
hotels, outdoor eating areas and even a shooting range, if the
Santa Clara County Board of Supervisors gets its way pending the a
final vote Nov. 9 that would apply three anti-tobacco ordinances to
unincorporated areas of the county.
No smoking signs will be added to county parks, some area hotels, outdoor eating areas and even a shooting range, if the Santa Clara County Board of Supervisors gets its way pending the a final vote Nov. 9 that would apply three anti-tobacco ordinances to unincorporated areas of the county.
The restrictions aimed at reducing the threat of secondhand smoke and prevention of tobacco sales to minors are being called the most stringent in the nation by District 4 Supervisor Ken Yeager, who brought the ordinances to the board. They were approved Tuesday by the supervisors and will return next month for a final reading and vote.
The first ordinance would outlaw tobacco use in county parks, fairgrounds, rooms rented to guests at hotels and outdoor areas of hotels, outdoor shopping malls and retail stores that exclusively sell tobacco and paraphernalia. CordeValle would become entirely smoke-free if the ordinances passes. Its managing director, Alan Campey, said “at this time, it would be premature for us to comment on it until we better understand the scope and impact of it.”
The second ordinance would ban smoking inside duplexes, townhouse and apartment complexes as well as its common areas. It would require designated smoking areas for tenants and that a no-smoking-indoors clause be written into new tenants’ leases. The county could not provide a list of multiunit residences that would have to comply to the ordinance,
The third ordinance, and one that would affect the most number of businesses in Morgan Hill and San Martin, would tack on an annual $425 permit in order for retailers to sell tobacco. The city most well-known for its anti-tobacco bent is Belmont, which in 2006 banned smoking in the city. It was the first city in the United States to do so.
On the heels of the county’s effort is the city of Morgan Hill, whose Parks and Recreation Department lists “creating a smoke-free parks policy for parks adjacent to schools, the skate park and other public facilities” as a goal with a May 2011 deadline.
Steve Rymer, Morgan Hill’s Director of Recreation and Community Services, said the city is applying for a grant that uses money from the American Recovery and Reinvestment Act to assist the possible policy change and to increase education programs at the Teen Center and with the police department to ensure local establishments are complying with tobacco laws.
The proposal was passed as part of the department’s work plan in July, but hasn’t been discussed by the city council.
“Frequently more and more park systems are becoming tobacco and smoke-free. We want to do the same at our sports fields and parks,” Rymer said. San Jose, Los Angeles, Santa Monica and Long Beach have local ordinances that bans smoking in city parks.
Twelve of the 33 local businesses that will have to pony up more money to sell tobacco are in South County. And despite the California Cigarette and Tobacco Products Licensing Act passing in 2003 that requires every tobacco retailer to obtain a license from the California Board of Equalization – businesses will have to apply for another permit with the county.
“I don’t like being told how to run a business,” said Tom Rocca, a third-generation owner of Rocca’s Market on Monterey Highway in San Martin.
“The details on how to combat youth smoking … It’s asking us to pay a fee to do that, so someone can have a job. We run a small business, we’re always here – my brother and I – we are our own security system, we don’t need to be told, ‘Don’t sell to minors,’ ” Rocca said.
He said Rocca’s Market will pay the $425 permit and continue to sell tobacco products, “which are legal,” Rocca added.
The combination of tobacco and shotguns will only be nostalgia at the Coyote Valley Sporting Clays; cigars will no longer be sold at the shooting range.
“It’s not going to affect us a whole lot, except some customers won’t be too happy,” said Carol Huddleston, an employee at Sporting Clays.
The county would govern and oversee the enforcement of these ordinances. The board directed its staff to look at waiving the additional $340 fee in the proposal for existing tobacco retailers and find out if it can be covered by the $7 million grant the Public Health Department received through ARRA.
The first violation of ordinances one and two is a $100 fine and violation of a smoking ban in apartments would be liable to lose their county permit. Retailers that also operate a pharmacy or are located within 1,000 feet of a school or within 500 feet of another tobacco retailer would no longer be allowed to sell tobacco.
Gage requested that the third ordinance, the “Tobacco Retailer Permit Ordinance,” be given an extended deadline until Nov. 23 before it is finalized to ensure all affected retailers are informed of the changes.
WHO WILL BE AFFECTED
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Coyote Valley Sporting Clays, 1000 San Bruno Ave., MH
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Emilo Guglielmo Winery Inc., 1470 East Main Ave., MH
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Parkway Lakes RV Investments, 100 Ogier Ave., MH
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Thousand Trails, 12895 Uvas Road, MH
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Old Gilroy Service Station, 2035 Pacheco Pass, Gilroy
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Avila’s Market, 14440 Monterey Highway, SM
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CordeValle Golf Club, 1 CordeValle Club Dr., SM
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Mama’s Market, 13305 Sycamore Avenue, SM
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Rocca’s Market Inc., 13335 Monterey Highway, SM
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San Martin Drive-In Market, 13320 Depot Street, SM
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San Martin Gas and Mart, 13235 Monterey Highway, SM
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Marathon Trading Company, 14245 Monterey Highway, SM
