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ORDINANCE 2238 <br />ORDINANCE AMENDING TOWN CODE SECTION 18.60.010 AND SECTION <br />18.60.015 THAT WOULD REGULATE ELECTRONIC SMOKING PRODUCTS AND <br />ALL NICOTINE DELIVERY DEVICES IN THE SAME WAY AS TRADITIONAL <br />TOBACCO PRODUCTS WITHIN THE TOWN OF LOS GATOS <br />THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES HEREBY ORDAIN THAT <br />CHAPTER 18, ARTICLE VI BE AMENDED AS FOLLOWS: <br />Sec. 18.60.010. - Smoking in public places and places of employment. <br />(a) Findings and purpose. Numerous studies have found that tobacco smoke is a major contributor to <br />indoor air pollution, and that breathing secondhand smoke is a cause of disease, including lung <br />cancer, in nonsmokers. At special risk are minors, elderly people, pregnant women, <br />individuals with cardiovascular disease, and individuals with impaired respiratory function, <br />including asthmatics and those with obstructive airway disease. Additionally, studies have found <br />a number of dangerous chemicals in electronic smoking devices emissions and cartridge <br />contents. At least ten chemicals listed as carcinogens and reproductive toxins have been <br />identified in mainstream or secondhand e- cigarette aerosol. <br />Health hazards induced by breathing secondhand smoke /e- cigarette vapor and being in smoking <br />environments include lung cancer, heart disease, respiratory infection, decreased respiratory <br />function, birth defects, bronchoconstriction, and bronchi -spasm. <br />Accordingly, the Town Council finds and declares that the purposes of this section are (1) to <br />protect the public health and welfare by prohibiting smoking in public places and places of <br />employment; and (2) to guarantee the right of nonsmokers to breathe smoke -free and non -toxic <br />air, and to recognize that the need to breathe smoke -free air shall have priority over the desire to <br />smoke. <br />(b) Definitions. For the purposes of this section, the following definitions shall apply: <br />(1) Bar: A place not accessory to an eating establishment which serves alcoholic beverages <br />for consumption on -site to the general public in which the serving of food is incidental <br />to the consumption of such beverages. <br />(2) Eating establishment: Any restaurant, coffee shop, cafeteria, soda fountain, cafe or other <br />establishment primarily engaged in serving food and/or beverages to the general public. <br />(3) Eating establishment bar: A place located in the same building as and accessory to <br />an eating establishment which serves alcoholic beverages for consumption on -site to <br />the general public in which the serving of food is incidental to the consumption of such <br />beverages: <br />a. Which is ventilated by a separate system with direct external exhaust; and <br />b. Is negatively pressured; and <br />c. Either; <br />