(a) Number and Size. No more than seventy percent of the total floor space of any establishment, or portion thereof, except eating establishments and hotel and motel rooms rented to guests, set forth in Sections 710.02(b) and 710.03(c), may be designated as a smoking area. In the case of establishments consisting of a single room, no more than fifty percent of the room may be designated as a smoking area. In the case of establishments consisting of more than one room, no more than fifty percent of the rooms may be designated as smoking areas. Eating establishments must set aside a contiguous no-smoking area sufficient to meet customer demand. Hotels and motels 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 such establishments 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 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 Sections 710.02(b) and 710.03(c) to provide smoking areas. Notwithstanding any other provision of this chapter, any proprietor or employer in charge of an establishment may declare that entire establishment as a no-smoking area.
(Ord. 1989-28. Passed 5-22-89.)