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(A) It shall be unlawful for any person who owns, manages, operates or otherwise controls the use of any premises subject to regulation under this subchapter to fail to comply with any of its provisions.
(B) It shall be unlawful for any person to smoke in any area where smoking is prohibited by the provisions of this subchapter.
(C) It shall be unlawful for an owner, operator, manager or other person having control over an area where smoking is prohibited under this subchapter to allow a person to smoke in violation of this subchapter.
(1) "Not allowing" consists of:
(a) Posting of No Smoking signs in compliance with this subchapter;
(b) Asking the violator to discontinue smoking;
(c) Upon refusal of the violator to discontinue smoking, refusing service to the violator;
(d) If violator continues smoking, asking the violator to leave the premises; and
(e) Contacting the Fort Wayne Fire Department or the Fort Wayne Police Department if the violator refuses to leave the premises.
(2) At any time, contacting the Fort Wayne Fire Department or the Fort Wayne Police Department regarding a violation constitutes "not allowing" the violator to smoke.
(Ord. G-03-07, passed 1-23-07; Am. Ord. G-14-07, passed 6-5-07) Penalty, see § 95.99