Smoking shall be prohibited in the following places within the city:
A. All enclosed areas available to and customarily used by the general public and all businesses patronized by the public, including, but not limited to, retail stores, hotels and motels, pharmacies, banks, attorneys' offices and other offices;
B. Within all restaurants having a seating capacity of fifty or more persons; provided, however, that this prohibition does not prevent:
1. The designating of a contiguous area within the restaurant that contains no more than fifty percent of the seating capacity of the restaurant as a smoking area, or
2. The providing of separate rooms designated as smoking rooms, so long as said rooms do not contain more than fifty percent of the seating capacity of the restaurant;
C. Waiting rooms, hallways, wards, and semi-private rooms of health facilities, including, but not limited to hospitals, clinics, physical therapy facilities, doctors' offices and dentists’ offices, except that health facilities shall also be subject to the provisions of Section 8.24.050 of this chapter regulating smoking in places of employment;
D. Elevators, public restrooms, indoor service lines, buses, taxicabs and other means of public transit under the authority of the city, and in ticket, boarding, and waiting areas of public transit depots; provided, however, that this prohibition does not prevent:
1. The establishment of separate waiting area for smokers and nonsmokers, or
2. The establishment of at least fifty percent of a given waiting area as a nonsmoking area;
E. In public areas of museums, galleries;
F. Enclosed theaters, auditoriums, and halls which are used for motion pictures, stage dramas and musical performances, ballets or other exhibitions, except when smoking is part of any such production and where specific smoking areas have been established in lobbies;
G. Retail food marketing establishments, including grocery stores and supermarkets, except those areas of such establishment set aside for the serving of food and drink, restrooms and offices, and areas thereof not open to the public, which may be otherwise regulated by this chapter;
H. Public schools and other public facilities under the control of another public agency, which are available to and customarily used by the general public, to the extent that the same are subject to the jurisdiction of the city;
I. Notwithstanding any other provisions of this section, any owner, operator, manager or other person who controls any establishment described in this section may declare that entire establishment is a nonsmoking establishment.
(Ord. 563, 1990).