(A) A person commits an offense if he or she is smoking tobacco or possesses a burning tobacco, weed or other plant product in an eating establishment, bar, night club, adult entertainment establishment, billiard hall, bingo parlor, or bowling center unless it operates in compliance with § 92.21(C).
(B) An owner, manager, or operator of an eating establishment, bar, night club, adult entertainment establishment, billiard hall, bingo parlor, or bowling center commits an offense if he or she allows smoking in the establishment unless it operates in compliance with § 91.21(C).
(C) Defenses. It is a defense to a prosecution under division (A) above that the establishment did not have prominently displayed a reasonably sized notice that smoking was prohibited.
(D) Existing businesses and facilities. All businesses and facilities in operation on the effective date of Ordinance OR-1737-09 shall have 18 months from February 9, 2009 to be in compliance.
(E) Owner/operator responsibility.
(1) The owner, manager, or operator of an eating establishment, bar, night club, adult entertainment establishment, billiard hall, bingo parlor, or bowling center commits an offense if he or she designates or maintains a smoking area in violation of this subchapter.
(2) The owner or manager of an establishment governed by this subchapter commits an offense if he or she fails to post and maintain any signs required by this subchapter.
(‘78 Code, § 9-83) (Ord. 741, passed 5-19-87; Am. Ord. 1309, passed 4-10-00; Am. Ord. OR-1737-09, passed 2-9-09; Am. Ord. OR-1910-14, passed 4-29-14) Penalty, see § 92.99