A. Definitions: The following definitions shall apply in the interpretation and enforcement of this section:
ACTIVE DINING: The actual seating available in a restaurant and not based on occupancy load permitted by Code.
BAR: An area which is devoted to the serving of alcoholic beverages for consumption by guests on the premises and in which the serving of food is only incidental to the consumption of such beverages. Although a restaurant may contain a bar, the term "bar" shall not include the restaurant dining area.
DINING AREA: Any enclosed area containing a counter or tables upon which meals are served.
EMPLOYEE: Any person who is employed by any employer in the consideration for direct or indirect monetary wages or profit, and any person who volunteers his services for a nonprofit entity.
EMPLOYER: Any person, partnership, corporation, including a municipal corporation, or nonprofit entity, who employs the services of one or more individual persons.
ENCLOSED AREA: All space between a floor and ceiling which is enclosed on all sides by solid walls or windows (exclusive of door or passage ways) which extend from the floor to the ceiling, including all space therein screened by partitions which do not extend to the ceiling or are not solid, office landscaping or similar structures.
PLACE OF EMPLOYMENT: Any enclosed area under the control of a public or private employer which employees normally frequent during the course of employment, including, but not limited to, work areas, employee lounges and restrooms, conference and employee cafeterias and hallways.
1. A private residence is not a place of employment unless it is used as a childcare facility.
2. The dining area of a restaurant is not a place of employment.
PUBLIC PLACE: Any enclosed area to which the public is invited or in which the public is permitted, including, but not limited to, banks, educational facilities, health facilities, public transportation facilities, reception areas, restaurants, retail food production and marketing establishments, retail service establishments, retail stores, theaters, waiting rooms, libraries, nursing homes, hospitals and public transportation. A private residence is not a public place.
RESTAURANT: Any coffee shop, cafeteria, luncheonette, tavern, cocktail lounge, sandwich stand, soda fountain, private and public school cafeteria or eating establishment, and any other eating establishment, organization, club, including veterans' club, boardinghouse or guest house, which gives or offers for sale food to the public, guests, patrons, or employees as well as kitchens in which food is prepared on the premises for serving elsewhere, including catering facilities, except that the term "restaurant" shall not include a cocktail lounge or tavern if said cocktail lounge or tavern is a bar.
RETAIL TOBACCO STORE: A retail store utilized primarily for the sale of tobacco products and accessories and in which the sale of other products is merely incidental.
SMOKING: Inhaling, exhaling, burning or carrying any lighted cigar, pipe, cigarette, weed, plant or other combustible substance in any manner or in any form.
WORK AREA: The immediate area in which an employee spends the majority of the work day. (Ord. M-2-88, 3-21-1988; amd. 2002 Code)
B. Smoking Prohibited:
1. Enclosed Public Places: Smoking shall be prohibited in all enclosed public places. The owner or operator of a public place may designate an area(s) as a smoking area(s) within the facility. The owner or operator of a public place shall not designate the entire facility as a smoking area.
2. Restaurants:
a. Restaurants shall reserve thirty percent (30%) restaurant space for nonsmokers. Such restaurants shall either: 1) post a sign at or near the entrance to the restaurant stating that a nonsmoking seating area is available upon request; or 2) verbally inquire of all patrons who are to be seated whether they wish to be seated in the smoking or nonsmoking section.
b. Nonsmokers shall not pass through the smoking section when being seated in the nonsmoking section.
c. Restaurants with fewer than fifty (50) seats shall be designated as nonsmoking.
d. As an option, restaurants may designate a minimum of fifty percent (50%) of its active dining area as nonsmoking or that such restaurant is totally smoke free. (Ord. M-43-89, 9-5-1989; amd. 2002 Code)
3. Exceptions: Smoking in the following public places may be permitted:
a. Bars and bar areas of restaurants;
b. Private residence (except when used as a childcare facility);
c. Retail tobacco stores;
d. Bowling alleys;
e. Hotel rooms;
f. Private enclosed offices occupied only by smokers;
g. Factories, warehouses and similar places of work areas not usually visited by the public.
C. Smoking In Places Of Employment:
1. Smoking shall be permitted as designated by the employer, except that an employee may designate his own work area as a nonsmoking area and post the same with an appropriate sign to be provided by the employer. Employers should find reasonable accommodations when the rights of smokers conflict. When such accommodations cannot be made the rights of the nonsmoker shall prevail.
2. Smoking at places of employment shall be prohibited in auditoriums, classrooms, conference and meeting rooms, elevators, hallways and restrooms. In places of employment where there is more than one conference room, meeting room or restroom, the employer may designate any such room as a smoking area. An employer shall not designate all conference rooms, meeting rooms or restrooms as smoking areas.
3. Each employer and place of employment shall adopt, implement, make known and maintain a written smoking policy, stating where smoking is permitted and where it is prohibited within the place of employment.
4. Employers may permit public places and places of work to be completely nonsmoking.
D. "No Smoking" Signs: Signs indicating "NO SMOKING" shall be posted in all public places and all designated nonsmoking areas where smoking is prohibited.
E. Rules And Regulations: The city council is authorized to establish rules, regulations and procedures for relief from and implementation of this section.
F. Penalties: Any person who violates, disobeys, or omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this section shall be fined as provided in the general penalty in section 1-4-1 of this code for each offense. Each day that a violation is permitted to exist after notification thereof shall constitute a separate offense. (Ord. M-2-88, 3-21-1988; amd. 2002 Code)