(A) Except as provided in division (D) below, no person shall smoke in public places and/or places of work/employment, in addition to, but not limited to, the following:
(1) Aquariums, galleries, libraries and museums;
(2) Areas available to and customarily used by the general public in businesses and nonprofit entities patronized by the public, including but not limited to, professional offices, banks, laundromats, hotels, and motels;
(3) Bars;
(4) Bingo facilities;
(5) Buildings and grounds owned by the county or any department, agency or subdivision thereof;
(6) Convention facilities;
(7) Elevators;
(8) Facilities, primarily used for exhibiting a motion picture, stage, drama, lecture, musical recital, or other similar performance;
(9) Health care facilities;
(10) Licensed childcare and adult day care facilities;
(11) Lobbies, hallways, and other common areas in apartment buildings, condominiums, trailer parks, retirement facilities, nursing homes, and other multiple-unit residential facilities;
(12) Membership clubs;
(13) Polling places;
(14) Public transportation facilities, including buses and taxicabs, under the authority of the county and ticket, boarding, and waiting areas of public transit depots;
(15) Restaurants;
(16) Restrooms, lobbies, reception areas, hallways, and other common- use areas;
(17) Retail stores of whatever nature, except as otherwise provided in division (D) below;
(18) Rooms, chambers, places of meeting or public assembly, including school buildings, under the control of an agency, board, commission, committee or council of the county or a political subdivision of the state when a public meeting is in progress, to the extent the place is subject to the jurisdiction of the county;
(19) Schools;
(20) Services lines;
(21) Shopping malls;
(23) Sports arenas, including enclosed places in outdoor arenas.
(B) To ensure that tobacco smoke does not enter public places and places of work/employment and that persons entering such places are not exposed involuntarily to tobacco smoke, smoking is prohibited within 25 feet of entrances, exits, open windows and ventilation intakes of public places and places of work/employment.
(C) Prohibition of smoking in outdoor public places. Smoking shall be prohibited in the following outdoor places:
(1) Within 25 feet of outside entrances, operable windows, and ventilation systems of enclosed areas where smoking is prohibited, so as to prevent tobacco smoke from entering those areas;
(2) On all outdoor property that is adjacent to buildings owned, leased, or operated by the county or that is under the control of the county;
(3) In, and within 25 feet of, outdoor seating or serving areas of restaurants, bars, and gambling facilities;
(4) In outdoor shopping malls, including parking structures;
(5) In all outdoor arenas, stadiums, and amphitheaters. Smoking shall also be prohibited in, and within 25 feet of, bleachers and grandstands for use by spectators at sporting and other public events;
(6) In outdoor recreational areas (parks, dog parks, baseball fields, etc.), including parking lots for those facilities except for areas designated by local municipalities;
(7) In, and within 25 feet of, all outdoor playgrounds;
(8) In, and within 25 feet of, all outdoor public events;
(9) In, and within 25 feet of, all outdoor public transportation stations, platforms, and shelters under the authority of the county;
(10) In all outdoor services lines, including lines in which service is obtained by persons in vehicles, such as service that is provided by bank tellers, parking lot attendants, and toll takers. In lines in which service is obtained by persons in vehicles, smoking is prohibited by both pedestrians and persons in vehicles, but only within 25 feet of the point of service;
(11) In outdoor common areas of apartment buildings, condominiums, trailer parks, retirement facilities, nursing homes, and other multiple-unit residential facilities, except in designated smoking areas, not to exceed 25% of the total outdoor common area, which must be located at least 25 feet outside entrances, operable windows, and ventilation systems of enclosed areas where smoking is prohibited, and that such business have a valid business permit;
(12) Smoking shall be prohibited in all outdoor places of employment where two or more employees are required to be in the course of their employment. This includes, without limitation, work areas, construction sites, and temporary offices such as trailers, restroom facilities and vehicles;
(13) The prohibition of smoking shall be communicated to all existing employees by the effective date of this subchapter and to all prospective employees upon their application for employment.
(D) The prohibitions of this section do not apply to:
(1) Private residences, except when used as a licensed day care, adult day care or health care facility;
(2) Motor vehicles;
(3) Sleeping rooms of hotels and motels which are rented to guests;
(4) Electronic smoking device retail store:
(a) That is primarily engaged in the sale of tobacco products and instruments for profit, intended for off-premises consumption or use, with at least 90% of the gross revenues of the business resulting from such sales;
(b) Prohibits persons under 18 years or age [or 21, depending on applicable law] from entering the premises;
(c) Does not sell, offer or allow on-premises consumption of any food or beverages, including alcoholic beverages;
(d) Is a stand-alone, free-standing, business with no other businesses or residential property attached to the premises; with the exception of all such businesses already operating on October 1, 2019;
(e) Has a maximum seating capacity of eight persons;
(f) A requirement that such establishments have a valid business permit for that type of establishment; and
(g) The customer is prohibited from bringing tobacco products into the store for consumption purposes;
(5) Retail tobacco store:
(a) That is primarily engaged in the sale of tobacco products and smoking instruments intended for off-premises consumption or use, with at least 90% of the gross revenues of the business resulting from such sales;
(b) Prohibits persons under 18 years of age [or 21, depending on applicable law] from entering the premises;
(c) Does not sell, offer or allow on-premises consumption of any food or beverages, including alcoholic beverages;
(d) Is a stand-alone, free-standing business with no other businesses or residential property attached to the premises; with the exception of all such businesses operating on October 1, 2019;
(e) Has a maximum seating capacity of eight persons;
(f) The customer is prohibited from bringing tobacco products into the store for consumption purposes; and
(g) A requirement that such establishments have a valid business permit for that type of establishment.
(Ord. 2008-12G, passed 12-15-08; Am. Ord. 2009-6E, passed 6-22-09; Am. Ord. 2019-9B, passed 9-11-19) Penalty, see § 91.59