Except as otherwise provided herein, smoking is prohibited in the following places within the City:
(1) Elevators in buildings generally open to and used by the public, including elevators in apartment and other multi-unit residential buildings;
(2) Patient rooms, wards, waiting rooms, lobbies, and public hallways of public and private health care facilities, including but not limited to hospitals, clinics, and physicians’ and dentists’ offices;
(3) Any room which is primarily used for exhibiting any motion picture, stage drama, dance, musical performance, or other similar performance during the time that the room, hall, or auditorium is open to the public for such exhibition;
(4) Museums, libraries, and galleries;
(5) All areas within city-owned or controlled buildings, except any dwelling unit or lodging unit, as those terms are defined by § 21-10.1, when not used as a child care, adult day-care, or health care facility;
(6) Except as provided in § 41-14.3 or as limited by this subsection, all areas in business or charitable establishments. For the purposes of this subdivision, a “business” means any sole proprietorship, partnership, joint venture, business trust, limited liability company, business corporation, professional corporation, or other business entity formed for profit-making purposes, and “business establishment” includes but is not limited to any of the following establishments operated by a business:
(A) Any school;
(B) Any hotel, except individual hotel rooms;
(C) Any financial institution;
(D) Any industrial, commercial, or wholesale establishment;
(E) Any utility;
(F) Any retail establishment where goods or services are sold, leased, or otherwise provided to the public or to another business;
(G) Any bar within an enclosed or partially enclosed food court; or
(H) Any restaurant; except that smoking will be permitted in a separate open air area of a restaurant when the business operating the restaurant refrains from designating the area as nonsmoking pursuant to subdivision (8);
(7) Rest rooms. Any restroom open to the public in places specified in this section;
(8) Notwithstanding § 41-14.3, any area of any bar, hotel room, restaurant, or governmental property which has been designated by the owner, operator, manager, or other persons having control of such property as a nonsmoking area and marked with a “no smoking” sign or signs;
(9) All enclosed or partially enclosed areas within multi-family dwellings that are open to the common use of all unit owners or residents, including but not limited to lobbies, hallways, corridors, stairways, waiting areas, and recreation areas within multi-family dwellings. For purposes of this subdivision, “enclosed or partially enclosed areas” means areas closed in by a roof or overhang and at least one wall. An area commonly described as a lobby or roofed mall is deemed to be enclosed or partially enclosed for purposes of this subdivision;
(10) All enclosed or partially enclosed areas within commercial buildings not subject to the exclusive use and possession of a tenant and open to the common use of the tenants of the building and their employees and customers, including but not limited to common entrance areas, lobbies, malls, food court seating areas, hallways, corridors, escalators, stairways, and waiting or rest areas within commercial buildings. For purposes of this subdivision, an enclosed or partially enclosed area is any area for human occupancy that is contained on two or more sides by walls and is covered by a roof, ceiling, or overhang, such that the area of all permanent openings from the space to the open air is less than 50 percent of the combined areas of the walls and ceiling, roof, or overhang. If a wall does not meet the floor or the ceiling, roof, or overhang, the calculation will be based on the vertical projection of the wall to the plane of the floor or the plane of the ceiling, roof or overhang. Permanent openings do not include doors or windows which are capable of being closed;
(11) If a building is both a multi-family dwelling and a commercial building as defined in this article, all areas except for private residences;
(12) All motor vehicles:
(A) That are owned or leased by the city; or
(B) In which a person under 18 years of age is present.
(13) All public parks, recreation areas, and facilities under the maintenance of the department of parks and recreation or the department of enterprise services, except for the open air areas of a municipal golf course and such areas within each of the following sites as the department of parks and recreation or the department of enterprise services may designate by appropriate signs as areas within which smoking is permissible:
(A) Honolulu Zoo;
(B) Hanauma Bay Nature Preserve;
(C) Koko Crater Botanical Garden; and
(D) Tom Moffatt Waikiki Shell; and
(14) Any bus stop. The smoking prohibition applies to the area of the bus stop that extends out from the bus stop sign or the footprint of the shelter in every direction by 20 feet. The footprint of the shelter is defined by vertical planes extending down from the outermost edges of the shelter overhang or roof. The prohibition contemplated in this subdivision only applies to public places.
(Sec. 13-42.2, R.O. 1978 (1987 Supp. to 1983 Ed.)) (1990 Code, Ch. 41, Art. 21, § 41-21.2) (Am. Ords. 93-24, 93-68, 93-92, 96-58, 97-20, 99-64, 02-06, 13-5, 13-27, 13-28, 17-53)