(A) Definitions. For the purpose of this section, the following definitions apply unless the context clearly requires a different meaning.
INDOOR WORKPLACE.
(a) Any indoor place of employment or employment-type service for or at the request of another individual or individuals or any public or private entity, whether part-time or full-time and whether for compensation or not. Such services shall include, without limitation, any service performed by an owner, employee, independent contractor, agent, partner, proprietor, manager, officer, director, apprentice, trainee, associate, servant or volunteer.
(b) An INDOOR WORKPLACE includes work areas, employee lounges, restrooms, conference rooms, classrooms, employee cafeterias, hallways, any other spaces used or visited by employees and all space between a floor and a ceiling that is predominantly or totally enclosed by walls or windows, regardless of doors, doorways, open or closed windows, stairways or the like. The provisions of this section shall apply to such INDOOR WORKPLACE at any given time, whether or not work is being performed.
PUBLIC PLACE. Any enclosed indoor area where individuals other than employees are invited or permitted. The term is synonymous with the phrase “any indoor place used by or open to the public.”
RESTAURANT. Any eating establishment, regardless of seating capacity.
SMOKING. The carrying by a person of a lighted cigar, cigarette, pipe or other lighted smoking device.
STAND-ALONE BAR, STAND-ALONE TAVERN AND CIGAR BAR. An establishment which derives more than 60% of its gross receipts, subject to verification by competent authority, from the sale of alcoholic beverages and low-point beer and into which no person under 21 years of age is admitted, except for members of a musical band employed or hired as provided in 37A O.S. § 6-114, and which is not located within, and does not share any common entryway or common indoor area with, any other enclosed indoor workplace, including a restaurant.
(B) Possession of lighted tobacco in certain places prohibited.
(1) The possession of lighted tobacco in any form is a public nuisance and dangerous to the public health and is hereby prohibited when such possession is in any indoor place used by or open to the public, any public transportation or any indoor workplace, except where specifically allowed by law.
(2) All buildings or portions thereof which are owned or operated by the state shall be designated as nonsmoking, provided, however, that each building may have one designated smoking room. As used in this division (B)(2), BUILDINGS shall not include up to 25% of any hotel or motel rooms rented to guests if the rooms are properly ventilated so that smoke is not circulated to nonsmoking areas.
(3) All buildings or portions thereof which are owned or operated by a county or municipal government, at the discretion of the county or municipal governing body, may be designated as entirely nonsmoking or may be designated as nonsmoking with one designated smoking room.
(4) A smoking room, as provided for in divisions (B)(2) and (B)(3) above:
(a) Shall not be used for the conduct of public business;
(b) Shall be in a location which is fully-enclosed, directly exhausted to the outside, under negative air pressure so that smoke cannot escape when a door is opened and no air is recirculated to nonsmoking areas of the building. No smoking exhaust shall be located within 25 feet of any entrance, exit or air intake; and
(c) Shall be verified for compliance with the provisions of this division (B) by the Department of Central Services for state buildings, by a County entity designated by the Board of County Commissioners for county buildings or by the town officer or employee designated by the Town Manager for town buildings.
(5) No smoking shall be allowed within 25 feet of the entrance or exit of any building specified in divisions (B)(2) or (B)(3) above.
(C) Exemptions. The restrictions provided in division (B) above shall not apply to the following:
(1) Stand-alone bars, stand-alone taverns and cigar bars;
(2) The room or rooms where licensed charitable bingo games are being operated, but only during the hours of operation of such games;
(3) Up to 25% of the guestrooms at a hotel or other lodging establishment;
(4) Retail tobacco stores predominantly engaged in the sale of tobacco products and accessories and in which the sale of other products is merely incidental, and in which no food or beverage is sold or served for consumption on the premises;
(5) Workplaces where only the owner or operator of the workplace, or the immediate family of the owner or operator, performs any work in the workplace, and where the workplace has only incidental public access. INCIDENTAL PUBLIC ACCESS means that a place of business has only an occasional person, who is not an employee, present at the business to transact business or make a delivery. It does not include businesses which depend on walk-in customers for any part of their business;
(6) Workplaces occupied exclusively by one or more smokers, if the workplace has only incidental public access;
(7) Private offices occupied exclusively by one or more smokers;
(8) Private residences and workplaces within private residences, except that smoking shall not be allowed inside any private residence which is used as a licensed childcare facility during the hours of operation;
(9) Medical research or treatment centers, if smoking is integral to the research or treatment;
(10) A facility operated by a post or organization of past or present members of the armed forces of the United States which is exempt from taxation pursuant to I.R.C. §§ 501(c)(8), 501(c)(10) or 501(c)(19), 26 U.S.C. §§ 501(c)(8), 501(c)(10) or 501(c)(19), when such facility is utilized exclusively by its members and their families and for the conduct of post or organization nonprofit operations, except for during an event or activity which is open to the public; or
(11) Any outdoor seating area of a restaurant, provided that smoking shall not be allowed within 15 feet of any exterior public doorway or any air intake of a restaurant.
(D) Designated smoking rooms and areas.
(1) An employer not otherwise restricted from doing so under this section may elect to provide smoking rooms where no work is performed, except for cleaning and maintenance, during the time the room is not in use for smoking, provided that each smoking room is fully-enclosed and exhausted directly to the outside in such a manner that no smoke can drift or circulate into a nonsmoking area. No exhaust from a smoking room shall be located within 15 feet of any entrance, exit or air intake.
(2) If smoking is to be permitted in any space exempted in division (C) above or in a smoking room pursuant to division (D)(1) above, then such smoking space must either occupy the entire enclosed indoor space or, if it shares the enclosed space with any nonsmoking areas, the smoking space shall be fully-enclosed, exhausted directly to the outside with no air from the smoking space circulated to any nonsmoking area and under negative air pressure so that no smoke can drift or circulate into a nonsmoking area when a door to an adjacent nonsmoking area is opened. Air from a smoking room shall not be exhausted within 15 feet of any entrance, exit or air intake. Any employer may choose a more restrictive smoking policy, including being totally smoke-free.
(3) A nursing facility licensed pursuant to the Nursing Home Care Act, being 63 O.S. §§ 1-1900.1 et seq., may designate smoking rooms for residents and their guests. Such rooms shall be fully- enclosed and directly exhausted to the outside, and shall be under negative air pressure so that no smoke can escape when a door is opened and no air is recirculated to nonsmoking areas of the building.
(4) (a) Notwithstanding any other provision of this section, until March 1, 2006, restaurants may have designated smoking and nonsmoking areas or may be designated as being a totally nonsmoking area.
(b) Beginning March 1, 2006, restaurants shall be totally nonsmoking or may provide nonsmoking areas and designated smoking rooms. Food and beverages may be served in such designated smoking rooms, which shall be in a location which is fully-enclosed, directly exhausted to the outside and under negative air pressure so smoke cannot escape when a door is opened and no air is recirculated to nonsmoking areas of the building. No exhaust from such room shall be located within 25 feet of any entrance, exit or air intake. Such room shall be subject to verification for compliance with the provisions of this division (D) by the State Department of Health.
(E) Posting signs or decals.
(1) The person who owns or operates a place where smoking or tobacco use is prohibited by law shall be responsible for posting a sign or decal at least four inches by two inches in size at each entrance to the building indicating that the place is smoke-free or tobacco-free.
(2) The responsibility for posting signs or decals shall be as follows:
(a) In privately-owned facilities, the owner or lessee, if a lessee is in possession of the facility, shall be responsible;
(b) In corporately-owned facilities, the manager or supervisor of the facility involved shall be responsible; and
(c) In publicly-owned facilities, the manager or supervisor of the facility shall be responsible.
(F) Enforcement. The state or local government agency or the person who owns or operates a public place shall, at a minimum, do the following in order to prevent smoking in public places:
(1) Post signs at entrances to places where smoking is prohibited which state that smoking is prohibited or that the indoor environment is free of tobacco smoke; and
(2) Ask smokers to refrain from smoking upon the observation of anyone violating the provisions of this section.
(Prior Code, § 10-309) (Ord. 2009-02, passed 9-10-2009) Penalty, see § 133.99