It shall be unlawful for any person to smoke in a place placarded in accordance with § 94.117(B), or carry a lighted cigar, cigarette, pipe or match, or use any spark, flame or fire-producing device not specifically authorized for use in such place by the Fire Inspector, in any of the following places:
(A) Retail stores. Smoking shall be prohibited in the public areas of retail establishments, except as specifically allowed by this subchapter.
(1) Exception for approved areas. The prohibition of division (A) above shall not apply to smoking in rest rooms, restaurants, executive offices or beauty parlors in retail stores, unless specifically ordered by the Fire Inspector, by written order to the person having control of the premises upon a finding that such use therein is dangerous to life or property.
(2) Exception for retail establishment employing five or less employees. The prohibition of division (A) above shall not apply to retail establishments employing five or less employees unless the owner or authorized agent of the owner, conspicuously displays a sign reading “SMOKING PROHIBITED BY LAW” and continuously maintains said sign.
(B) Elevators. Elevators, regardless of capacity, in any public place.
(C) Beds in public lodging establishments. In beds in hotels, motels, apartment hotels, apartments, rooming houses, any other public lodging establishment as defined by state statutes for purposes of state licensing, and institutional buildings, except for bedridden individuals who are under the close supervision of responsible persons. INSTITUTIONAL BUILDINGS, as referred to herein, are those used for purposes such as medical or other treatment or care of persons suffering from physical or mental illness, disease or infirmity; for the care of infants, convalescents or aged persons; and for penal or corrective purposes.
(D) Public theaters. During a performance in public theaters, motion picture houses, or other auditoriums used for such purposes.
(1) Exception for approved areas. The prohibition of division (D) above shall not apply to smoking rooms and areas set aside and clearly designated for such purposes and rest rooms, unless specifically ordered by the Fire Inspector by written order to the person having control of the premises upon a finding that such use therein is dangerous to life or property.
(2) Exception for performers. The prohibition of division (D) above shall not be construed to prohibit smoking by performers upon the stage as part of any theatrical production.
(E) Projection booths. Any projection booth, enclosure or other rooms in a public place, in which any motion picture machine is operated.
(F) Public conveyances. Street cars, buses, trackless trolleys, or other public conveyances, except taxicabs and jitneys.
(G) Dance floors. Dance floor of any cabaret, restaurant, nightclub, or of any other public place offering facilities for dining and dancing.
(H) City Commission chambers and conference room during all public meetings and hearings. Smoking as hereinabove defined shall be prohibited during all advertised or regularly scheduled public meetings and hearings of the City Commission and of all other appointed or elected boards, commissions and committees of the city in the City Commission Chambers and conference room.
('72 Code, § 12-55) (Ord. O-73-61, passed 7-25-73; Am. Ord. O-78-10, passed 3-1-78) Penalty, see § 94.999