(1) Retail stores and service establishments;
(2) Vehicles of public transportation;
(3) Enclosed theaters, auditoriums, concert halls, arenas and public meeting rooms, except portions of lobbies associated with such establishments if a smoking area is designated therein pursuant to subsection (b) hereof;
(4) Elevators, elevator lobbies, stairwells, escalators and hallways;
(5) Indoor service lines;
(6) Public restrooms;
(7) Courtrooms and jury waiting and deliberation rooms;
(8) Educational facilities;
(9) Polling places;
(10) Health care facilities;
(11) Gymnasiums, exercise rooms and health spas;
(12) Libraries;
(13) Places of exhibition, including, but not limited to, museums, aquariums and galleries; and
(14) Areas of food preparation.
(b) Prohibited Except as Provided in Sections 620.06 and 620.07. Except as provided in Sections 620.06 and 620.07, the possession of lighted smoking materials in any form is hereby prohibited in any public place or portion thereof not identified in subsection (a) hereof, excluding portions to which members of the general public are not normally invited, including, but not limited to:
(1) Eating establishments;
(2) Hotels and motels, including rooms rented to guests;
(3) Indoor places of entertainment and recreation;
(4) Enclosed shopping centers and malls, except retail stores and service establishments listed in paragraph (a)(1) hereof;
(5) Waiting areas and lobbies, except elevator lobbies of places listed in paragraphs (a)(1) and (7) through (13) hereof;
(6) Buildings and enclosed structures (or any portion thereof) owned, leased or operated by the City; and
(7) Any other enclosed indoor area used by members of the general public.
(c) Responsibilities of Proprietors. The proprietor of a place set forth in subsection (a) or (b) hereof shall utilize his or her best efforts to ensure that the following provisions are met with regard to such place:
(1) Signs. Signs indicating whether or not smoking is permitted shall be clearly, sufficiently and conspicuously posted in every room, building or other place where smoking is regulated by this chapter and as follows:
A. In grocery stores, signs indicating that smoking is prohibited shall be visible to people entering the store, to people at meat and produce counters and to people in all checkout lines.
B. In theaters, auditoriums, concert halls and public meeting rooms, signs stating that smoking is prohibited shall be conspicuously posted within such areas and in associated lobbies. In the case of motion picture theaters, such information shall be shown upon the screen for at least five seconds prior to the showing of each feature motion picture.
C. At indoor service lines, signs indicating that smoking is prohibited shall be visible to people in such lines.
D. In eating establishments, signs shall be posted at entrances, clearly stating that a no- smoking section is available, and individual tables signs indicating that smoking is prohibited shall be placed on all tables in the no-smoking section of the dining room.
E. In hotels and motels, signs indicating that no-smoking rooms are available shall be posted at registration areas.
F. Signs indicating that smoking is prohibited in elevators, elevator lobbies, stairwells, escalators and hallways shall be posted in elevators, in elevator lobbies on each floor and in stairwell and escalator entrances on each floor.
(2) Public seating. Where seating is provided for the public and a smoking area has been designated under Section 620.07, seating shall be arranged to provide a contiguous no-smoking area of sufficient size to meet customer demand. A seat in a no-smoking area shall be provided for each person requesting such a seat, and, in the case of controlled seating, each customer shall be asked as to his or her preference for smoking or no-smoking seating.
(3) Ashtrays. Ashtrays shall be removed from areas where smoking is prohibited, except that an ashtray may be placed by the entrance of a no-smoking area, provided that such area is clearly marked as a no-smoking area.
(4) Enforcement. Smokers shall be affirmatively directed to designated smoking areas, and persons smoking in violation of this chapter shall be requested to stop.
(5) Resolution of disputes. In any dispute arising under this chapter, the rights of the nonsmoker shall be given preference over consideration of the smoker.
(d) Violations; Penalty.
(1) No person who owns, manages, operates or otherwise controls the use of any establishment subject to the restrictions of this section shall fail to comply with its provisions, except that no violation of this paragraph shall be presumed solely on the basis of a violation of paragraph (d)(2) hereof.
(2) No person shall smoke in any area restricted by this section.
(3) Whoever violates 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 occurs or continues.
(Ord. 93-176. Passed 12-20-93.)