§ 10-614.  Electronic Smoking Devices. 158
   (1)   Definitions.
      (a)   Electronic smoking device means an electronic device that delivers nicotine or other substances via vapor for inhalation. The term includes e-cigarettes, e-cigars, e-pipes and any other such products; and includes all component parts, such as e-cigarette batteries, atomizers, vaporizers, replacement cartridges and any solution manufactured for use with such a device. It does not include any product approved or certified for sale by the United States Food and Drug Administration as a tobacco use cessation product, or for other medical purposes. It may also be referred to in this Section 10-614 as "e-cigarette".
      (b)   Specialty e-cigarette establishment. An establishment which derives fifty percent (50%) or more of its gross annual revenue from the sale of e-cigarettes and related products, including e-cigarette atomizers, vaporizers, batteries, replacement cartridges and any solution manufactured for use with such devices; or, with respect to such establishments that have been open for less than one full year, on such other basis as the Department of Licenses and Inspections shall by regulation provide.
      (c)   The terms Enclosed Area, Food or Beverage Establishment, Lodging Establishment, Tobacco Products Distribution Business, and Workplace shall be as defined in subsection 10-602(2). 159
   (2)   Prohibition on Use.
      (a)   No person shall use an electronic smoking device:
         (.1)   In any Enclosed Area within a public place or other space that is listed in subsections 10-602(3)(a)(.1) - (.6) of this Code;
         (.2)   Outdoors within twenty (20) feet of any entrance to an Enclosed Area in which use of an e-cigarette is prohibited under this Section; or
         (.3)   At any sidewalk café, or any outdoor deck, patio or other outdoor service area which is part of a Food or Beverage Establishment.
      (b)   Exceptions. 160 The provisions of subsection (a) hereof shall not apply to:
         (.1)   Any sleeping quarters within a Lodging Establishment in which smoking is permitted pursuant to subsection 10-602(3)(b)(.3) of this Code;
         (.2)   Any Specialty e-cigarette establishment; and
         (.3)   Any Tobacco Products Distribution Business.
      (c)   Minors. 160.1 Any establishment excepted from the provisions of subsection 10-614(2)(a) shall not permit minors to enter or remain on the premises. This restriction shall not apply to sleeping quarters and shall apply regardless of whether or not smoking or e-cigarette use is occurring at the time.
   (3)   Prohibitions in the Workplace.
      (a)   Any employer with a Workplace that is subject to the provisions of subsection 10-602(3)(a) within the City shall promptly adopt, implement, and maintain a written policy that prohibits use of e-cigarettes within any workplace.
      (b)   An employer's written policy prohibiting use of e-cigarettes shall be communicated to all employees within thirty days after its adoption, and an employer shall provide a copy of the written policy upon request to any employee or prospective employee.
   (4)   Duties of Persons in Control of Premises. 161
      (a)   The owner, operator, manager, employer or other person in control in every place where e-cigarette use is regulated by this Section shall take the following actions, and shall not be cited for any violations of this Section if all such actions are taken:
         (.1)   Post signs prohibiting e-cigarette use, separately or together with signs prohibiting smoking, on the premises in compliance with regulations to be promulgated by the Health Department, prominently at each entrance and elsewhere as specified by regulation. Board of Health regulations may require the display of evidence-based signs informing of the health risks associated with the use of e-hookah or other similar products if the Board of Health identifies a product-specific knowledge deficit among users. The requirement to post any such product-specific signs shall be limited by regulation to establishments at which the product may be used pursuant to an exception to subsection 10-614(2)(a).
         (.2)   Display an evidence-based health informational message in accordance with regulations promulgated by the Board of Health on any menu or menu board on which e-hookah, or other similar product if the Board of Health identifies a product-specific health knowledge deficit among users, appears as a menu item.
         (.3)   Any establishment subject to the restriction of subsection 10-614(2)(c) shall display a sign at least 8.5" x 11" prominently at each entrance and in each room or area where e-cigarette use is at any time permitted reading as follows in a clear, legible font with all letters at least 1/2 inch high: "THIS ESTABLISHMENT HAS AN EXCEPTION TO THE CITY'S SMOKE-FREE LAW. YOU MUST BE 18 OR OLDER TO ENTER DUE TO THE HEALTH RISKS OF SECONDHAND E-CIGARETTE VAPOR EXPOSURE." If such an establishment elects to relinquish the benefit of exception from 10-614(2)(a) by written application to the Health Department, the requirement of this subsection (.3) shall no longer apply upon receipt of confirmation of such relinquishment from the Health Department. Ongoing compliance with subsection 10-602(5)(a)(.3) shall satisfy the requirement of this subsection (.3).
         (.4)   Take reasonable additional measures to see to it that no person uses e-cigarettes in such place in violation of this Section and, in the case of an establishment subject to the restriction of subsection 10-614(2)(c), that minors neither enter nor remain on the premises.
   (5)   Enforcement and Penalties. 162
      (a)   This Section shall be enforced by the Health Department, its duly authorized employees, or any other person authorized by the Managing Director to enforce this Section. Notices of violation issued pursuant to this Section shall be issued in accordance with Section 1-112.
      (b)   Any person who violates this Section shall be subject to a fine of three hundred dollars ($300) for each violation.
      (c)   Nothing in this Section shall be construed to create any private right of action for enforcement of its provisions or to authorize any person to file suit to recover damages or seek equitable relief for any violation of this Section.

 

Notes

158
   Added, Bill No. 140095 (approved April 9, 2014), effective July 1, 2014.
159
   Amended, Bill No. 150090 (approved April 7, 2015). See note 118 for effective date provisions.
160
   Amended, Bill No. 150090 (approved April 7, 2015). See note 118 for effective date provisions.
160.1
   Added, Bill No. 200115 (approved December 1, 2020).
161
   Enrolled bill numbered this as subsection (5); renumbered by Code editor. Amended, Bill No. 200115 (approved December 1, 2020).
162
   Enrolled bill numbered this as subsection (6); renumbered by Code editor.