- Business establishments and bars regardless of whether owner-operated;
- Unenclosed dining areas of restaurants;
- Service waiting areas;
- Areas outside entrances, exits and operable windows and vents of all buildings except at the curb of the nearest street, sidewalk or alley.
Supervisor Mar has agreed to amend the measure, which you can read here, to address the signage requirements on pages 14-15 of the ordinance to now reflect these changes:
- The sign will read: 'Smoking only at curb or at least 15 ft. from entrances, exits, operable windows.'
- Letters will be 1/2" as opposed to 1".
- No Smoking Symbol included
- 3" in diameter as opposed to 6"
- The sign will also include 'SF Health Code 19F.'
- Letters 1/8"
- The sign size will now be to 4" by 9"
UPDATE! - As of February 22, 2010
Your BOMA San Francisco Advocacy Team attended the San Francisco Land Use and Economic Development Committee hearing on Monday, February 2010 where Supervisor Mar's measure was under consideration. We were successful in submitting Mr. Green's amendments to the committee and spoke in support of striking the language that would require our members to become, in essence, smoking police (see our last update, above). The committee was considering no less than 24 amendments to the ordinance at the committee meeting--most of which were focusing on language that did not directly affect the BOMA San Francisco membership.
The ordinance is currently being revised to reflect the amendments passed in the Land Use and Economic Committee meeting and the measure will, most likely, be voted on by the Board of Supervisors at their March 9, 2010 meeting. In the meantime, we will continue to request that the members of the Board of Supervisors take our suggested amendments--the net effect of these changes is to require building owners and operators to give notice to tenants of the ordinance, but does not make them liable for failing to physically prevent people from smoking--and we'll post the most recent version of the ordinance here once we receive it from Supervisor Mar's office for your input.
UPDATE! - As of March 22, 2010
At their regular meeting on March 16, 2010, the San Francisco Board of Supervisors approved the final version of Supervisor Mar's ordinance that expands on San Francisco's smoking ban that was passed in 1994. Although this measure did not contain all of the amendments requested by BOMA San Francisco members, we appreciated the opportunity to work with Supervisor Eric Mar's office, as well as his staff's willingness to speak to BOMA's GAPAC and PAC members about their salient concerns on this measure.
Assuming the Mayor signs this ordinance, the effective date is 30 days after it was passed by the Board on March 16th.
Please take a moment to review the ordinance and email Ken Cleaveland, Director of Government and Public Relations for BOMA San Francisco at email@example.com with your comments.