(A) The owner, lessee or other person in charge of a public place may, but is not required to, designate one or more areas as smoking areas.
(B) If a smoking area is designated in a public place, each such smoking area shall:
(1) Be not larger in size than proportionate to the preference of the users normally requesting a smoking area, as can be demonstrated by the owner, lessee or other person in charge;
(2) Be situated so the ventilation minimizes the effect of smoke in adjacent nonsmoking areas, and so that air from the smoking area is not drawn onto or across a nonsmoking area;
(3) Be designated by appropriate signs which are clearly visible to patrons in or entering the area;
(4) Contain ashtrays, containers or other facilities for extinguishing of smoking materials;
(5) Be set apart or separated from nonsmoking areas; and
(6) Not include service line or cashier areas.
(C) In the event the owner, lessee or person in charge of a public place can demonstrate that the users or patrons normally requesting a smoking area constitute such a large portion of the users of the public place that it is impracticable for the owner, lessee or person in charge to meet the requirements of divisions (B)(2) and (B)(5) above without structural or other physical changes or significant expenditures, the owner, lessee or person in charge may designate an area not meeting the requirements of division (B)(6) above as a smoking area. If the entire area is designated a smoking area, the owner, lessee or person in charge shall place a sign or signs at each entrance to the premises which are clearly visible and state that smoking is permitted throughout the premises.
(Ord. 1209-1, passed 12-14-2009)