A. In office work places having a total floor area greater than one thousand five hundred (1,500) square feet, and which are normally occupied by five (5) or more employees or which contain conference rooms meeting rooms or classrooms, smoking is prohibited, and shall be so designated as required herein, in at least fifty percent (50%) of the total floor area. In work places containing one thousand five hundred (1,500) or less square feet in total floor area and which are commonly utilized as conference rooms, meeting rooms or classrooms, non-smoking employees in such office work places may request that smoking be prohibited therein and smoking shall be prohibited in the subject area upon the request being made.
B. In cafeterias, lunch rooms, lounges, or any other areas provided for the benefit of employees during non-working periods such as meal periods and normal break periods, non-smoking areas complete with similar accommodations as are otherwise provided to employees who smoke in such areas, shall be provided on an as-needed basis, upon prior request by affected non-smoking employees.
1. Notwithstanding the foregoing provisions, at least twenty-five percent (25%) of the seating provided in the areas described above shall be in a contiguous area designated as a non-smoking area.
2. The provisions of this subsection B. shall apply to all business and commercial establishments within the city.
C. 1. Non-smoking employees in office work places who request to work in a smoke-free area shall be given reasonable consideration by their employer. However, employees may designate their immediate work area as a no-smoking area, subject to approval by their employer.
2. Each employer is authorized to prohibit smoking in any or all areas within such employer's business.
D. 1. In any dispute arising under the provisions of this section, employers shall make reasonable efforts to accommodate both smoking and non-smoking employees. REASONABLE EFFORTS, as that term is used in this subsection, shall include, but are not limited to, reference by the employer to relevant policies adopted by the Chamber of Commerce and the city.
2. Aggrieved employees are encouraged to file written complaints with said Chamber of Commerce, the city, and/or their respective employers.
E. Notice of the provisions of this section shall be posted in a conspicuous location in each business within the city containing an office work place.
F. Each business containing office work place areas shall adopt a written policy incorporating, at minimum, the provisions of this section and shall advise and make written copies of such policy available to every employee within 30 days after adoption hereof.
(Ord. 800, passed 4-1-86)