A. Except as otherwise hereinafter provided by this chapter, smoking shall be prohibited in the enclosed areas of all public places located within the city, including but not limited to the enclosed areas of the following public places:
1. The hallways, waiting rooms, examination rooms, rooms used for treatment, wards and semi-private rooms of health facilities, including but not limited to, hospitals, clinics, physical therapy facilities, doctors' offices and dentists' offices;
2. Any portion of a grocery store, supermarket or other retail food marketing establishment which is open to and used by the general public;
3. Any portion of a museum, gallery or library which is open to and used by the general public;
4. Any portion of a theater, auditorium, or hall which is open to the general public, and used for exhibiting a motion picture, live theatrical performance, lecture, musical recital or similar performance;
5. Any portion of a building owned and/or operated by a public agency or entity which is open to and used by the general public and is subject to the jurisdiction of the city;
6. Any elevator or restroom open to and used by the general public;
7. Any bus, taxicab or other means of public transportation which is subject to the jurisdiction of the city, and any ticket, boarding or waiting area of a public transit depot;
8. Any common area in an apartment building, condominium, congregate care facility, nursing home or day care facility;
9. Any recreation or sports facility, including but not limited to gymnasiums, enclosed swimming pools, roller skating and ice skating rinks, bowling alleys, pool halls, health spas and other similar places where members of the general public assemble either to engage in physical exercise, participate in athletic activities or witness sports events;
10. Any service line where one or more persons are waiting for or receiving service of any kind, whether or not such service involves the exchange of money;
11. Any restaurant or bar; and
12. Any other business or establishment or portion of a business or establishment which is open to and used by the general public, including but not limited to retail stores, hotels and motels.
B. Notwithstanding the provisions of this section, the owner, operator, manager or other person who controls the enclosed area of any establishment described in this section may declare the entire establishment as a nonsmoking area.
(Adopted by initiative, dated 11/3/92 (part); amended by initiative, dated 11/5/96)