523.02 RESPONSIBILITY OF PROPRIETORS.

   The proprietor of a place listed in (a) and (b) of Section 523.03 shall utilize his or her best efforts to ensure compliance with this section as follows:

   (a)    Signs. Signs indicating whether or not smoking is permitted shall be clearly, sufficiently and conspicuously posted in every establishment where smoking is regulated by this Chapter, in such manner as to give adequate notice to members of the general public.

      (1)   In grocery stores, signs indicating that smoking is prohibited shall be visible to people entering the store, people at meat and produce counters and people in all checkout lines.

      (2)   In theaters, auditoriums, concert halls and public meeting rooms, signs stating that smoking is prohibited shall be conspicuously posted within such areas and in contiguous lobbies. In the case of motion picture theaters, such information shall be shown upon the screen for at least five seconds prior to the showing of each feature motion picture.

      (3)    At indoor service lines, signs indicating that smoking is prohibited shall be visible to people in such lines.

      (4)   In eating establishments, a sign shall be posted at the entrance, clearly stating that a no-smoking section is available; and individual table signs shall be placed on all tables in the no-smoking section of the dining area.

      (5)    In lodging facilities, a sign indicating that no-smoking rooms are available shall be posted at the registration area.

      (6)   Signs indicating that smoking is prohibited in elevators, stairwells, escalators and hallways shall be posted in elevators, elevator lobbies on each floor, and stairwell and escalator entrances on each floor.

   (b)    Public Seating. Where seating is provided for the public and a smoking area has been designated under Section 523.05, seating shall be arranged to provide a no- smoking area. Seats in a no-smoking area shall be provided for all persons requesting such a seat, and in the case of controlled seating, each patron shall be asked his or her preference.

   (c)    Ashtrays. Ashtrays shall be removed from areas where smoking is prohibited, except that an ashtray may be placed by the entrance of a no-smoking area, provided that such area is clearly marked as a no-smoking area.

   (d)    Compliance. Smokers may be affirmatively directed to designated smoking areas; and any person smoking in violation of this chapter may be requested to stop.

   (e)    Resolution of Disputes. In any dispute arising under this chapter, the rights of the nonsmoker shall be given preference over another's desire to smoke in places where smoking is prohibited.

      (Ord. 2004-68. Passed 9-21-04.)