(a) Except as provided in subsection (b), the possession of lighted smoking materials in any form, including but not limited to the possession of lighted cigarettes, cigars, pipes, or other tobacco products, is prohibited in any of the following places used by or open to the public:
(1) Retail stores or service establishments in excess of 1,000 square feet of space, provided that smoking may be allowed in the common area of shopping malls.
(2) Restaurants, with the exception of those seating fewer than 100 patrons.
(3) Any vehicle of public transportation, including but not limited to trains, buses, limousines for hire and taxicabs.
(4) Elevators (a “no-smoking” sign shall be posted in each such elevator).
(5) Libraries, educational facilities, museums, auditoriums and art galleries.
(6) Any public area of a health care facility, including but not limited to laboratories associated with the rendering of health care treatment, hospitals, rest homes, doctors’ offices and dentists’ offices.
(7) Any indoor place of entertainment or recreation, including but not limited to gymnasiums, theaters, concert halls, arenas and swimming pools.
(b) The restrictions set forth in subsection (a) above shall not apply to:
(1) Areas which are specifically designated as smoking areas in accordance with § 15-24.
(2) An entire room or hall which is used for private social functions.
(3) Limousines for hire and taxicabs, where the driver and all passengers affirmatively consent to smoking in such vehicle.
(4) Factories, warehouses, and similar places of work not usually frequented by the general public.
(5) Performers upon the stage, provided that the smoking is a part of a theatrical production.
(6) In a location that is a retail or service establishment primarily engaged in the sale of tobacco, tobacco products or smoking implements.
(7) A restaurant which has indoor seating for fewer than 100 patrons.
(8) A private club.
(1976 Code, § 15-23) (Ord. 2065, § 3, passed 1-16-1990)