Loading...
Notwithstanding any other provision of this section to the contrary, the following areas shall be exempt from the provisions of §§ 102.03 and 102.04:
(A) Any bar or tavern that:
(1) Holds a beer, liquor, or wine retailer's permit under the laws of this state;
(2) Allows no customer to enter at any time who is under the age of 18;
(3) Employs no person under the age of 18;
(4) Is not physically located within a business otherwise required to be smoke free by this chapter;
(5) Has provided notice by sending notice to the City of Madison Clerk-Treasurer that it intends to allow smoking, intends to serve only customers over the age of 18, and that it is otherwise entitled to an exemption under this section, provided however, that an election for this exemption may be made no more than once in a calendar year.
(B) Private residences, except when used as a licensed child care, adult day care or health care facility.
(C) Hotel and motel rooms that are rented to guests and are designated as smoking rooms; provided, however, that not more than 20% of rooms rented to guests in a hotel or motel may be so designated. All smoking rooms on the same floor must be contiguous and smoke from these rooms must not infiltrate into areas where smoking is prohibited under the provisions of this section. The status of rooms as smoking or nonsmoking may not be changed, except to add additional nonsmoking rooms.
(D) Retail tobacco stores; provided that smoke from these places does not infiltrate into areas where smoking is prohibited under the provisions of this section.
(E) Outdoor areas of places of employment except those covered by the provisions of § 102.05.
(F) Firehouses operated by volunteer fire companies unless the membership of any such company votes to make such firehouse a smoke free environment.
(G) This chapter shall not be applicable nor enforceable in federal, state, or county buildings.
(H) Private clubs.
(I) Family-owned and operated businesses in which all employees are related to the owner, and offices of self-employed persons in which all employees are related to the self-employed person, but only if the enclosed areas these businesses and offices occupy are not open to the public.
(Ord. 2005-23, passed 5-16-06)
Notwithstanding any other provision of this chapter, an owner, operator, manager, or other person in control of an establishment, facility, or outdoor area may declare that entire establishment, facility, or outdoor area as a nonsmoking place. Smoking shall be prohibited in any place in which a sign conforming to the requirements of § 102.08(A) is posted.
(Ord. 2005-23, passed 5-16-06)
(A) "No Smoking" signs or the international "No Smoking" symbol (consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a red bar across it) shall be clearly and conspicuously posted in every public place and place of employment where smoking is prohibited by this section, by the owner, operator, manager, or other person in control of that place.
(B) Every public place and place of employment where smoking is prohibited by this section shall have posted at every entrance a conspicuous sign clearly stating that smoking is prohibited.
(C) All ashtrays shall be removed from any area where smoking is prohibited by this section by the owner, operator, manager, or other person having control of the area.
(Ord. 2005-23, passed 5-16-06)
(A) No person or employer shall discharge, refuse to hire, or in any manner retaliate against an employee, applicant for employment, or customer because that employee, applicant, or customer exercises any rights afforded by this section or reports or attempts to prosecute a violation of this section.
(B) An employee who works in a setting where an employer allows smoking does not waive or otherwise surrender any legal rights the employee may have against the employer or any other party.
(Ord. 2005-23, passed 5-16-06)
(A) This section shall be enforced by the Madison Police Department or the Madison Fire Chief.
(B) Any citizen who desires to register a complaint under this section may initiate enforcement with the Madison Police Department.
(C) The Building Inspector, the Fire Chief, or their designees shall, while an establishment is undergoing otherwise mandated inspections, inspect for compliance with this section.
(D) An owner, manager, operator, or employee of an establishment regulated by this section shall inform persons violating this section of the appropriate provisions thereof.
(E) In addition to the remedies provided by the provisions of this Section, the Madison Police Department on behalf of any person aggrieved by the failure of the owner, operator, manager, or other person in control of a public place or a place of employment to comply with the provisions of this chapter may apply for injunctive relief to enforce those provisions in any court of competent jurisdiction.
(F) It is a defense to a citation under this chapter that a person who owns, manages, operates or, otherwise controls a public place or place of employment if that person or an employee acts in a reasonable and timely manner to inform the violator of the prohibition and request that he or she refrain from smoking.
(Ord. 2005-23, passed 5-16-06)
The City of Madison, in cooperation with The King's Daughters' Hospital and Health Services and the Jefferson County Health Department, shall engage in a continuing program to explain and clarify the purposes and requirements of this chapter to citizens affected by it, and to guide owners, operators, and managers in their compliance with it. The program may include publication of a brochure for affected businesses and individuals explaining the provisions of this chapter.
(Ord. 2005-23, passed 5-16-06)
Loading...