(A) A proprietor may designate an area as an outdoor patio where smoking is permitted only if the area:
(1) Is 15 feet or more from entrances, exists, windows that open and ventilation intakes that serve an enclosed area where smoking is prohibited;
(2) Is a contiguous area of a public place or place of employment;
(3) Is controlled by the proprietor of the public place or place of employment;
(4) Has at least one side that consists of open space, permeable material, a combination of open space and permeable material or a combination of open space, permeable material and a non-permeable wall; and
(5) Has, if all walls are non-permeable, no overhead covering or an overhead covering that consists of permeable material or a combination of open space and permeable material.
(B) If an outdoor patio where smoking is permitted has a doorway that provides access from an enclosed area to the patio for outdoor patio patrons and does not have a wall that prevents individuals from entering the outdoor patio, the proprietor shall:
(1) Inform individuals that the doorway is not an entrance to the enclosed area but is a doorway for outdoor patio patrons; and
(2) Direct individuals who are not outdoor patio patrons to an entrance to the enclosed area.
(C) A proprietor may designate smoking and nonsmoking sections of an outdoor patio only if the smoking section is clearly and conspicuously separated from the nonsmoking section and if the smoking area is at least 15 feet away from the entrances, exits, windows that open and ventilation intakes.
(D) The proprietor shall not permit tobacco smoke to drift or infiltrate into areas where smoking is prohibited.
(Ord. 2429, passed 12-3-07) Penalty, see § 138.99