737.02 IMPLEMENTATION.
(a) Any other provisions of this chapter notwithstanding, in order to implement this chapter, the following procedure shall apply with regard to places of public assembly which exist prior to August 1, 2005:
(1) Between June 15, 2005 and July 15, 2005, all proprietors of places of public assembly as defined in subsection 737.01
(d) shall declare on forms provided by the city whether or not one-third (1/3) or more of their revenue is derived from patrons who smoke. Those places of public assembly which derive one-third (1/3) or more of their revenue from patrons who smoke may remain smoking establishments and shall not be subject to the prohibitions or requirements of this chapter except posting of signage as required in Section 737.07
on or before August 1, 2005.
(b) Places of public assembly which open after August 1, 2005 shall be non- smoking and subject to the prohibitions of Section 737.03
and the posting of signage as required in Section 737.07
. For purposes of the requirements of this subsection (b), an establishment will be considered to have opened as a new place of public assembly if the premises are located in a new structure, or, if located in an existing structure, no place of public assembly which permitted smoking by virtue of subsection 737.02
(a)(1) has been open to the public for the period of ninety days or more immediately preceding the opening of such new place of public assembly. An existing place of public assembly business which permits smoking by virtue of subsection 737.02
(a)(1) and which relocates after August 1, 2005 shall be entitled to remain a smoking establishment under subsection 737.02
(a)(1) whether such new location is in a new or existing structure. (Ord. 73-05. Passed 4-25-05.)