Smoking areas may be designated in accordance with the following provisions by proprietors or employers in charge of places set forth in Section 622.02(b) and (c), except in places in which smoking is otherwise prohibited by law.
(a) Number and Size. Not more than fifty percent of the total floor space of any establishment, or portion thereof, provided for in Section 622.02(b) and (c), except eating establishments and hotel and motel rooms rented to guests, may be designated as a smoking area. In the case of an establishment consisting of a single room, not more than fifty percent of the room may be designated as smoking areas. An eating establishment must set aside a contiguous no-smoking area sufficient to meet customer demand. A hotel or motel must set aside a sufficient number of no-smoking guest rooms to meet customer demand.
(b) Barriers and Ventilation. Smoking areas may be designated using existing barriers and ventilation systems to the maximum extent practicable to minimize the migration of smoke to adjacent no-smoking areas. Where modifications are made to an establishment for other reasons, barriers and ventilation systems shall be modified to the extent practicable to minimize the migration of smoke to adjacent no-smoking areas, provided that the persons undertaking such modification shall not be required to incur any expense to meet the requirements of this section.
(c) Prohibition Permitted. This section shall not be interpreted or construed to require persons in charge of places set forth in Section 622.02(b) or (c) to provide smoking areas. Notwithstanding any other provision of this chapter, any proprietor or employer in charge of an establishment may declare the entire establishment to be a no-smoking area.
(d) Penalty. Subject to Section 622.09, whoever violates or fails to comply with any of the provisions of this section is guilty of a minor misdemeanor and shall be subject to the penalty provided in Section 698.02. A separate offense shall be deemed committed each day during or on which a violation or noncompliance occurs or continues.
(Ord. 1988-130. Passed 12-21-88.)