(A) State buildings. All buildings, or portions thereof, owned or operated by this state shall be designated as nonsmoking; provided, however, each building may have one designated smoking room. As used in this paragraph, BUILDINGS shall not include up to 25% of any hotel or motel rooms rented to guests if the rooms are properly ventilated so that smoke is not circulated to nonsmoking areas.
(B) County buildings. All buildings, or portions thereof, owned or operated by a county government, at the discretion of the county governing body, may be designated as entirely nonsmoking or may be designated as nonsmoking with one designated smoking room.
(C) City buildings. All buildings, or portions thereof, owned or operated by this city, shall be entirely nonsmoking.
(D) Smoking rooms. A smoking room as provided for in divisions (A) and (B) above:
(1) Shall not be used for the conduct of public business;
(2) Shall be in a location which is fully enclosed, directly exhausted to the outside, under negative air pressure so smoke cannot escape when a door is opened, and no air is recirculated to nonsmoking areas of the building. No smoking exhaust shall be located within 25 feet of any entrance, exit, or air intake; and
(3) Shall be verified for compliance with the provisions of this division (D) by the Department of Central Services for state buildings or by a county entity designated by the Board of County Commissioners for county buildings.
(E) Smoking near building entrance or exit. No smoking shall be allowed within 25 feet of the entrance or exit of any building specified in divisions (A), (B), or (C) above.
(F) Bar exemptions. The restrictions provided in this section shall not apply to stand-alone bars, stand-alone taverns, and cigar bars. STAND-ALONE BAR, STAND-ALONE TAVERN, and CIGAR BAR mean an establishment that derives more than 60% of its gross receipts, subject to verification by competent authority, from the sale of alcoholic beverages and low-point beer and no person under 21 years of age is admitted, except for members of a musical band employed or hired as provided in 37A O.S. § 6-114(A)(1) and that is not located within, and does not share any common entryway or common indoor area with, any other enclosed indoor workplace, including a restaurant.
(G) Other exemptions. The restrictions provided in this section shall not apply to the following:
(1) The room or rooms where licensed charitable bingo games are being operated, but only during the hours of operation of such games;
(2) Up to 25% of the guest rooms at a hotel or other lodging establishment;
(3) Retail tobacco stores predominately engaged in the sale of tobacco products and accessories and in which the sale of other products is merely incidental and in which no food or beverage is sold or served for consumption on the premises;
(4) Workplaces where only the owner or operator of the workplace, or the immediate family of the owner or operator, performs any work in the workplace, and the workplace has only incidental public access.
INCIDENTAL PUBLIC ACCESS means that a place of business has only an occasional person, who is not an employee, present at the business to transact business or make a delivery. It does not include businesses that depend on walk-in customers for any part of their business;
(5) Workplaces occupied exclusively by one or more smokers, if the workplace has only incidental public access;
(6) Private offices occupied exclusively by one or more smokers;
(7) Workplaces within private residences, except that smoking shall not be allowed inside any private residence that is used as a licensed child care facility during hours of operation;
(8) Medical research or treatment centers, if smoking is integral to the research or treatment;
(9) A facility operated by a post or organization of past or present members of the armed forces of the United States which is exempt from taxation pursuant to 26 U.S.C. §§ 501(c)(8), 501(c)(10), or 501(c)(19) when such facility is utilized exclusively by its members and their families and for the conduct of post or organization nonprofit operations except during an event or activity which is open to the public; and
(10) Any outdoor seating area of a restaurant; provided, smoking shall not be allowed within 15 feet of any exterior public doorway or any air intake of a restaurant.
(Prior Code, § 10-421) (Ord. 11-01, passed 9-13-2010) Penalty, see § 135.99