(A) A person commits an offense if he or she smokes inside an eating establishment, within 20 feet of any public entrance to an eating establishment, or in a children's playground associated with an eating establishment within the city.
(B) An owner, manager or operator of an eating establishment commits an offense if he or she allows smoking in the eating establishment or within 20 feet of any public entrance.
(C) The owner, manager or operator of an eating establishment commits an offense if he or she designates or maintains a smoking area in violation of this subchapter.
(D) All eating establishments shall have a conspicuously posted sign clearly stating "No Smoking at all public entrances. Such "No Smoking" signs shall have bold lettering of not less than one inch in height. The international "No Smoking" symbol may also be used (consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a red bar across it). The owner or manager of an eating establishment commits an offense if he or she fails to post and maintain the required signs.
(E) All eating establishments shall have facilities for the extinguishment of smoking materials within 20 feet and outside of the public entrances.
(F) All children's playgrounds associated with eating establishments shall be nonsmoking. All doors and gates leading to such play areas shall have "No Smoking" signs posted.
(G) Exclusion. Private clubs are excluded from the provisions of this subchapter.
(H) Defenses.
(1) It is a defense to prosecution under division (A) above that the establishment did not have prominently displayed a reasonably-sized notice that smoking was prohibited.
(2) It is a defense to prosecution under division (A) above that the facilities for the extinguishment of smoking materials were not located within 20 feet and outside of the public entrances of the establishment.
(Ord. 2009-01, passed 1-21-2009; Ord. 2009-01a, passed 2-17-2009)