(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ACCEPTABLE FORM OF IDENTIFICATION. A state-issued driver’s license; a state-issued identification card; a valid passport; or a valid military identification.
AGE-RESTRICTED VENUE. A legal establishment that affirmatively restricts access to its buildings or facilities at all times to persons who are 21 years of age or older by requiring each person who attempts to gain entry to such buildings or facilities to submit for inspection an acceptable form of identification for the express purpose of determining if the person is 21 years of age or older.
EMPLOYEE. A person who is employed in consideration for direct or indirect monetary wages or profit and a person who volunteers such person’s services for a non-profit entity.
EMPLOYER. A person, business, partnership, association, corporation, including a municipal corporation, educational institution, trust, or non-profit entity, that employs the services of one or more individual persons.
ENCLOSED AREA. All space between a floor and ceiling that is enclosed on all sides by solid walls or windows, exclusive of doorways, which extend from the floor to ceiling.
HEALTH CARE FACILITY. Any office or institution providing health care or treatment of disease, whether physical, mental or emotional, or other medical, physiological or psychological condition. This definition shall include all waiting rooms, hallways, private rooms, semiprivate rooms, and wards within health care facilities.
PERSON. An individual, partnership, committee, association, corporation, or any other organization or group of persons.
PLACE OF EMPLOYMENT. An enclosed area under the control of a public or private employer that employees normally frequent during the course of employment, including, but not limited to, work areas, private offices, employee lounges, restrooms, conference rooms, meeting rooms, classrooms, employee cafeterias, hallways, and vehicles. A private residence is not a PLACE OF EMPLOYMENT unless it is used as a child care, adult day care, or health care facility.
PRIVATE CLUB.
(a) Any club or organization that does not permit the general public access to its facilities or activities. Access is denied to anyone who does not agree or adhere to the rules of membership. In order to be considered a private club or organization for purposes of this part, the club or organization shall adhere to all of the following criteria: have a permanent mechanism to carefully screen applicants for membership on subjective rather than objective factors; limit access and use of facilities, services, and activities of the organization to members and guests of the members; be controlled by its membership and operate solely for the benefit and pleasure of its members; and advertise exclusively and only to its members, excluding membership drives.
(b) Any institution or organization that has received a determination of exemption form the Internal Revenue Service under 26 U.S.C. § 501(c)(19).
PUBLIC PLACE. An enclosed area to which the public is invited, including, but not limited to, banks, educational facilities, health care facilities, hotel and motel lobbies, laundromats, public transportation facilities, reception areas, restaurants, retail food production and marketing establishments, recreational facilities, retail service establishments, retail stores, shopping malls, sports arenas, theaters, places of employment, and waiting rooms.
RESTAURANT. An eating establishment, including, but not limited to, coffee shops, cafeterias, sandwich stands, and private and public school cafeterias, which gives or offers for sale food to the public, guests, or employees, as well as kitchens and catering facilities in which food is prepared on the premises for serving elsewhere. RESTAURANT shall also include a bar area within the restaurant.
RETAIL TOBACCO STORE. A retail store that derives its largest category of sales from tobacco products and accessories.
SERVICE LINE. An indoor line in which one or more persons are waiting for or receiving service of any kind, whether or not the service involves the exchange of money.
SHOPPING MALL. An enclosed public walkway or hall area that serves to connect retail or professional establishments.
SMOKING. Inhaling, exhaling, burning, or carrying any lighted cigar, cigarette, pipe, or other lighted tobacco product in any manner or in any form.
SPORTS ARENA. Sports pavilions, stadiums, gymnasiums, health spas, boxing arenas, swimming pools, roller and ice rinks, bowling alleys, and other similar places where members of the general public assemble to engage in physical exercise, participate in athletic competition, or witness sports or other events.
(`83 Code, § 8-401)
Other terms used in this section shall have the meanings ascribed to them, where applicable, in Tenn. Code Ann. § 39-17-1801 et seq., as such state law definitions may be amended from time to time.
(B) Smoking shall be unlawful and prohibited in all enclosed public places in the Town, including, but not limited to, the following places:
(1) Aquariums, galleries, libraries, and museums;
(2) Areas customarily used by the general public in businesses and non-profit entities patronized by the public, including, but not limited to, banks, laundromats, factories, professional offices, and retail service establishments;
(3) Child care and adult day care facilities;
(4) Convention facilities;
(5) Educational facilities, both public and private;
(6) Elevators;
(7) Health care facilities;
(8) Hotels and motels;
(9) Lobbies, hallways, and other common areas in apartment buildings, condominiums, trailer parks, retirement facilities, nursing homes, and other multiple-unit residential facilities;
(10) Polling places;
(11) Public and private transportation facilities, including trains, buses, taxicabs, and airports under the authority of state or local governments, and ticket, boarding, and waiting areas of public transit depots;
(12) Restaurants;
(13) Restrooms, lobbies, reception areas, hallways, and other common-use areas;
(14) Retail stores;
(15) Rooms, chambers, places of meeting of public assembly, including school buildings, under the control of an agency, board, commission, committee, or council of the State of Tennessee or a political subdivision of the State of Tennessee, to the extent the place is subject to the jurisdiction of the State;
(16) Service lines;
(17) Shopping malls;
(18) Sports arenas, including enclosed public places in outdoor arenas; and
(19) Theaters and other facilities primarily used for exhibiting motion pictures, stage dramas, lectures, musical recitals, or other similar performances.
(`83 Code, § 8-402)
(C) This prohibition on smoking shall be communicated to all existing employees and to all prospective employees upon their application of employment.
(`83 Code, § 8-403)
(D) Notwithstanding any other provision of this section to the contrary, the following areas shall be exempt from the provisions of division (B):
(1) Age-restricted venues;
(2) Hotel and motel rooms that are rented to guests and are designated as smoking rooms; provided that no more than 25% of rooms rented to guests in a hotel or motel may be so designated. All smoking rooms on the same floor shall be contiguous and smoke from these rooms shall not infiltrate into areas where smoking is prohibited pursuant to the provisions of this section;
(3) All premises of any manufacturer, importer, or wholesaler of tobacco products, all premises of any tobacco leaf dealer or processor, and all tobacco storage facilities;
(4) Non-enclosed areas of public places, including: open air patios, porches, or decks; any area enclosed by garage type doors on one or more sides when all such doors are completely open; and any area enclosed by tents or awnings with removable sides or vents when all such sides or vents are completely removed or open. Smoke from such areas shall not infiltrate into areas where smoking is prohibited pursuant to the provisions of the section;
(5) Nursing homes and long-term care facilities licensed pursuant to Tenn. Code Ann. Title 68, Chapter 11; provided that such exemption shall only apply to residents of such facilities and that resident smoking practices shall be governed by the policies and procedures established by such facilities. Smoke from such areas shall not infiltrate into areas where smoking is prohibited pursuant to the provisions of the section;
(6) Private businesses with three or fewer employees where, in the discretion of the business owner, smoking may be allowed in an enclosed room not accessible to the general public. Smoke from such areas shall not infiltrate into areas where smoking is prohibited pursuant to the provisions of the section;
(7) Private clubs; provided that such exemption shall not apply to any entity that is established solely for the purposes of avoiding compliance with this section;
(8) Private homes, private residences, and private motor vehicles, unless such homes, residences, and motor vehicles are being used for child care or day care or unless the private vehicle is being used for the public transportation of children or as part of health care or day care transportation;
(9) Retail tobacco stores that prohibit minors on the premises; and
(10) Commercial vehicles when such vehicles are occupied solely by the operator.
(E) “No Smoking” signs or the international “No Smoking” symbol, consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a red bar across it, shall be clearly and conspicuously posted at every entrance to every public place and place of employment where smoking is prohibited by this section by the owner, operator, manager, proprietor, or other person in control of that place.
(F) Any person or entity who fails to post and maintain the signs required by this section within two business days after first being given a written warning to comply shall be in violation of this section. Any person who smokes or carries a lighted cigar, cigarette, cigarillo, pipe, or any other lighted smoking material and/or equipment in a nonsmoking area shall be in violation of this ordinance. Violations of this section shall be punishable by a fine or monetary penalty not exceeding $50; provided, however, that the court shall at all times be permitted to assess the maximum penalty permitted by Tennessee law. The fines or monetary penalties prescribed by division (C) are in addition to, and not in lieu of, any civil penalties that may be imposed pursuant to Tenn. Code Ann. § 39-17-1801 et seq.
(Am. Ord. 2007-15, passed 11-26-07)