§ 91.02 REGULATION OF SMOKING IN ENCLOSED PUBLIC PLACES.
   (A)   Smoking shall be prohibited in all enclosed public places within city, including, but not limited to, the following places:
      (1)   Grocery stores;
      (2)   Elevators;
      (3)   Restrooms;
      (4)   All means of public transit, including ticket, boarding and waiting areas;
      (5)   Retail stores, except for areas in said stores not open to the public;
      (6)   All waiting areas and lobbies in all business and non-profit entities;
      (7)   Restaurants, except that they may designate a contiguous area up to 30% of the seating capacity of the restaurant as a smoking area;
      (8)   Every room, chamber, place of meeting or public assembly, including school buildings under the control of any board, council, commission, committee, including joint committees or any political subdivision of the state;
      (9)   All patient rooms, waiting rooms and other public areas in health facilities, including, but not limited to, hospitals, clinics, pharmacies, physical therapy facilities, doctor’s offices and dentists’ offices;
      (10)   Enclosed shopping malls; and
      (11)   Restaurants constructed after the date of adoption of this subchapter, which permit smoking, shall provide a floor to ceiling physical barrier between smoking and no-smoking areas.
   (B)   Notwithstanding any other provision of this section, any person who controls any establishment or facility described in this section may declare that entire establishment or facility as no smoking.
(Ord. passed 3-12-2002)