Smoking areas may be designated in accordance with the provisions of this section by proprietors and employers in charge of places within Section 507.02(b), except in places in which smoking is otherwise prohibited by law.
(a) Number and Size. No more than fifty percent (50%) of the total floor space of any establishment or portion thereof, except eating establishments and hotel and motel rooms rented to guests, within Section 507.02
(b), may be designated as a smoking area. In the case of establishments consisting of a single room, no more than fifty percent (50%) 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 (50%) of the rooms may be designated as smoking areas. Eating establishments shall set aside a contiguous no smoking area sufficient to meet customer demand. Hotels and motels shall 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 undue expense to meet the requirements of this section.
(c) Placement. A smoking area may not be designated adjacent to an indoor service line or between a no smoking area and the source of fresh air. Where practicable, smoking areas shall not be designated such that nonsmokers would be required to pass through such areas on a routine basis in order to perform job duties, to patronize an establishment or to reach a no smoking area. Special consideration shall be given to individuals with a hypersensitivity to tobacco smoke.
(d) Prohibition Permitted. This section shall not be interpreted or construed to require persons in charge of places within Section 507.02
(b) to provide smoking areas. Notwithstanding any other provisions of this chapter, any proprietor or employer in charge of an establishment may declare that entire establishment as a no smoking area.
(Ord. 54-87. Passed 6-8-87.)