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(a) Businesses operating a licensed smoking lounge shall be closed between the hours of 2:00 a.m. and 10:00 a.m.
(b) Patrons of a licensed smoking lounge can have food on the premises one of two ways: 1) brought onto the premises by the patron in take-out containers; or 2) delivered to the front door of the premises in take-out containers at the request of the patron. Employees of a smoking lounge shall not have any involvement in food preparation or service.
(1) Outdoor dining may be permitted provided it is in compliance with the zoning ordinance and does not violate any other section of the Code or state law.
(2) No outdoor dining shall occur at a business operating a licensed smoking lounge with outdoor seating between the hours of 12:00 a.m. and 10:00 a.m.
(c) A licensee may petition the city council for permission to allow smoking in an outdoor patio area.
(1) When considering a request for outdoor smoking, the council shall consider the following (not an exhaustive list): proximity to food establishments; proximity to the public right-of-way; proximity to schools and parks; proximity to residential areas; free standing building v. adjoining businesses; nature of adjoining businesses. The council may condition its approval of outdoor smoking.
(d) All other smoking lounge business activities, including but not limited to the smoking of any substance by any person, shall be conducted wholly indoors.
(e) Only employees and/or contractors shall be on the premises of a licensed smoking lounge between the hours of 2:00 a.m. and 8:00 a.m. and shall carry proof of employment.
(Ord. No. 15-1455, 2-10-15; Ord. No. 15-1469, 6-23-15)
Mechanical ventilation shall be supplied in compliance with the Michigan Mechanical Code to ensure sufficient ventilation of the smoking lounge. The recirculation and the natural ventilation of air from the smoking lounge are prohibited. The air supplied to the smoking lounge shall be exhausted and discharged to an approved location in compliance with the Michigan Mechanical Code.
(Ord. No. 15-1455, 2-10-15; Ord. No. 15-1469, 6-23-15)
It shall be the duty of the licensee or the designated local agent to:
(1) Signs. Post conspicuous signs stating that:
a. The business is a smoking lounge;
b. The business is not a food service establishment;
c. No loitering is permitted on the premises; and
d. No minors are permitted on the premises.
(2) Monitor. Designate one or more employees to monitor, while the premises are open for business, the activities of persons on the premises by visually inspecting the interior and exterior of the premises at least once every 90 minutes or inspecting and monitoring the premises by use of video cameras; and
(3) Exterior. Ensure lighting of the exterior premises is provided, including all parking areas, for visual inspection and security. All exterior lighting shall comply with city Code and ordinances.
(Ord. No. 15-1455, 2-10-15; Ord. No. 15-1469, 6-23-15)
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