Notwithstanding any provision of this chapter to the contrary, no regulation or prohibition of smoking is required in the following areas:
(A) Bars and taverns.
1. Generally. Smoking is permitted in bars and taverns if they meet the ventilation standards described below. For the purposes of state law, a BAR or TAVERN means a facility primarily devoted to the serving of alcoholic beverages, in which the serving of food is incidental. A bar or tavern can be freestanding, but also includes those facilities located within a hotel or motel or other transient occupancy establishment. When a bar or tavern is located in conjunction with another use, such as a restaurant, the definition of bar or tavern applies only to those areas used primarily for the sale and service of alcoholic beverages. Bar or tavern does not include the dining areas of a restaurant, regardless of whether alcohol is served in them.
2. Ventilation standards for gaming clubs and bars.
(a) State law permits smoking in gaming clubs and bars/taverns until the earlier of the following:
(1) January 1, 1997; or
(2) The date of adoption of regulations by the occupational safety and health standards board (Cal-OSHA) or the Federal EPA reducing the permissible employee exposure level to environmental tobacco smoke to a level that will prevent anything other than insignificantly harmful effects to exposed employees.
(b) If such a regulation is adopted on or before January 1, 1997, smoking is permitted in gaming clubs and bars, if they fully comply with the regulations within two years of the adoption of the regulations. If the two agencies adopt inconsistent regulations, the stricter regulation prevails.
(c) If a ventilation standard is not adopted by January 1, 1997, state law prohibits smoking in gaming clubs and bars. This prohibition remains until a regulation is adopted. If a regulation is adopted after January 1, 1997, an establishment has two years in which to come into full compliance with the ventilation regulation. During that time, smoking would be permitted If the establishment fails to come into full compliance during that two-year period, then smoking would be prohibited.
(B) Private residences. Private residences, except when used as a business in which more than two people are employed or when used as a childcare or healthcare facility;
(C) Hotel/motel guestrooms. Sixty five percent of guestrooms in a hotel, motel or similar transient lodging establishment may be set aside for smokers. This means that at least 35% of hotel/motel sleeping rooms must be nonsmoking rooms;
(D) Retail tobacco stores. Retail tobacco stores;
(E) Meeting and banquet rooms.
1. Smoking is permitted in meeting and banquet rooms only during private functions in a hotel, motel or other transient lodging establishment similar to a hotel, motel, restaurant or public convention center. However, smoking is not permitted when food or beverage functions are taking place, including setup, service and cleanup activities, or when the room is used for exhibit purposes. At a time when smoking is not permitted, the establishment may permit smoking in corridors and prefunction areas adjacent to and serving the meeting or banquet room if no employee is stationed in that corridor or area, other than on a passing basis.
2. Thus, if a hotel, motel, restaurant or convention center has meeting or banquet rooms, smoking is permitted except during food or beverage service, which includes setup and cleanup.
(F) Healthcare facilities. Semiprivate rooms of healthcare facilities occupied by one or more patients all of whom are smokers who have requested in writing on the healthcare facility’s admission forms to be placed in a room where smoking is permitted provided such healthcare facility allows smoking at said facility.
(Ord. 439, passed 1-17-1995)