(a) Designation of non-smoking establishment or area. Nothing in this chapter prevents the owner or manager of an establishment from designating the entire establishment as a non-smoking establishment. Further, nothing in this chapter prevents the owner or manager of an establishment that is not a public place from designating a portion of the establishment as a non-smoking area.
(b) Violations. Without regard to whether an establishment is a public place, it shall be a violation of this chapter for any person to smoke within said establishment if said establishment has been designated to be a non-smoking establishment in its entirety. Within any establishment that is not a public place, it shall be a violation of this chapter for any person to smoke within any portion of said establishment if said portion has been designated as a non-smoking area by the owner or manager of said establishment.
(c) Affirmative defense. It is an affirmative defense to prosecution under this section that, at the time the smoking occurred, the person was smoking in an establishment or area that did not display proper signage according to this section.
(d) Signs. The owner or other person having authority to manage and control any area or establishment designated as a non-smoking area or establishment pursuant to this section shall post or cause to be posted and shall prominently display and shall maintain “No Smoking” signs in a form approved by the director in conspicuous locations within such area or establishment. Such signs shall clearly and conspicuously recite the phrase "No Smoking" in the English and Spanish language and/or use the international no-smoking symbol.
(Ord. No. 3179, § 3, 1-9-03)