A. Smoking is prohibited and is unlawful in every publicly or privately owned coffee shop, cafeteria, short-order café, luncheonette, sandwich shop, soda fountain, restaurant, or other eating establishment serving food whose seating capacity is fifty (50) or more persons, excluding from that calculation of capacity any portion of such facility which is located outdoors and any portion of such facility which is used for bar purposes; provided, however, this prohibition shall not apply to any such establishment maintaining a contiguous non-smoking area of not less than one-half of both the seating capacity and the floor space in which customers are being served, excluding from said calculations any portion of such facility which is used for bar purposes; further provided, however, that this prohibition shall not apply to any closed rooms within any eating establishment utilized for private functions so long as such room is used for private functions.
B. Upon request, patrons shall be seated in a non-smoking area. The owner or manager of any coffee shop, cafeteria, short-order café, luncheonette, sandwich shop, soda fountain, restaurant, or other eating establishment may adjust the size of the non-smoking section upwards from one-half to meet the requests of his or her patrons. Such adjustment is preferred whenever possible.
C. Reasonable efforts shall be made by eating establishments having a seating capacity of forty-nine (49) or less persons to provide seating for non-smoking patrons.
(Ord. 777, passed 7-16-85; Am. Ord. 800, passed 4-1-86; Am. Ord. 832, passed 10-20-87)