(a) Prohibition. No person shall smoke in any public place within the city limits of the City of Longview.
(b) Designated smoking area. The owner of or other person having authority to manage and control a tobacco shop, bar, food establishment, bowling establishment or bingo establishment may designate a designated smoking area that meets all of the following requirements:
(1) the area is physically separated from any other public place by impermeable ceilings and impermeable walls, exclusive of appropriate openings for ingress and egress;
(2) the area is independently ventilated;
(3) any opening that allows ingress or egress between said area and any public place has impermeable doors that automatically close and remain closed unless a person is using the opening for ingress or egress; and
(4) the square footage of the area does not exceed fifty percent (50%) of the total square footage of said tobacco shop, bar, food establishment, bowling establishment or bingo establishment. No person shall designate any public place or portion of a public place as a designated smoking area unless said person is authorized by this section to designate a designated smoking area and the designated smoking area meets the requirements of this section.
(c) Minors prohibited in establishment that excludes minors. It shall be a violation of this chapter for the owner of or other person having authority to manage and control any establishment that excludes minors to allow a minor to enter or to remain in said establishment. It shall be a violation of this chapter for any minor to enter or remain in an establishment that excludes minors. For purposes of this subsection, an establishment that excludes minors includes any establishment (1) that meets the definition of an establishment that excludes minors or, in the alternative, (2) that is held out to others to be an establishment that excludes minors by the owner of or other person having authority to manage and control the area.
(d) Minors prohibited in designated smoking area. It shall be a violation of this chapter for the owner of or other person having authority to manage and control any designated smoking area to allow a minor to enter or to remain in said designated smoking area. It shall be a violation of this chapter for any minor to enter or remain in any designated smoking area. For purposes of this subsection, a designated smoking area includes any area (1) that meets the definition of a designated smoking area or, in the alternative, (2) that is held out to others to be a designated smoking area by the owner of or other person having authority to manage and control the area.
(e) Rebuttable presumption. For the purpose of proving a violation of subsection (a) or subsection (b) of this section, each and every place within the city limits of the City of Longview is presumed to be a public place. The person charged with an offense under either of said subsections shall have the burden of proof to show that the place in which the alleged offense occurred is not a public place within the meaning of this chapter.
(Ord. No. 3179, § 3, 1-9-03)