(a) Smoking areas, including the open common area of malls, may be designated by proprietors or other persons in charge of places described in § 15-23(a), except in places in which smoking is otherwise prohibited by the fire marshal, or by other statute, ordinance or regulation. The size of the designated smoking areas in restaurants seating 100 or more persons should closely approximate the ratio of smokers to nonsmokers who patronize the establishment as long as any nonsmoker is provided a seat in a nonsmoking section if so requested. However, in all cases, the smoking area cannot:
(1) Include the entire establishment;
(2) Include cashier areas, over-the-counter service or sales areas, and service or sales lines; or,
(3) Be larger than 75% of the common area of the establishment.
(b) Subsection (a) above shall not be construed to require proprietors or other persons in charge of places described in subsection 15-23(a) to provide smoking areas.
(c) Where smoking areas are designated, existing barriers and/or ventilation systems should be used where practicable to minimize the irritating and toxic effects of smoke in adjacent no-smoking areas.
(d) No public place described in subsection 15-23(a), other than a restaurant which derives more than 50% of its gross receipts from the sale of alcoholic beverages, shall be designated as a smoking area in its entirety; provided, that if such a facility is designated as a smoking area in its entirety, this designation shall be conspicuously posted on all entrances normally used by the public.
(e) Notwithstanding any other provision of this section, where smoking areas can be established in any governmentally owned or operated facility without subjecting the public to the hazards and inconvenience of ambient smoke, the person in charge of said public place may designate smoking areas.
(1976 Code, § 15-24) (Ord. 2065, § 4, passed 1-16-1990)