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(1) Any dwelling. This exception does not extend to a lobby, common elevator, common hallway, or any other common area of the building containing attached dwelling units, but if a hospital, hospice, or nursing home permits smoking in its dwelling rooms, smoking is not allowed in any room shared with a non-smoker without that person’s consent. This exception does not extend to private residents when they are used as a licensed childcare, adult day care, or health care facility.
(2) Enclosed areas as defined by § 121.02 that may be designated at the employer’s discretion for the purpose of being a stand alone “enclosed smoking area” for the use of employees who smoke.
(3) Retail tobacco, electronic smoking or vapor stores, provided that no one under the age of eighteen (18) is permitted within the premises, the sole intent is to only sell these or related products and smoke from these premises does not infiltrate into areas where smoking is prohibited under the provisions of this chapter.
(4) Hotel and motel rooms that are rented to guests and are designated as smoking rooms. This does not include those public areas of the hotel and motel including lobbies, restaurants and meeting rooms.
(6) Freestanding bars as defined by § 121.02 where the patrons or guest must be at least twenty-one (21) years of age to enter. As defined by § 121.02, such facility must stand alone or be an enclosed area separate from an other public place or restaurant where the smoke may not be able to infiltrate into any public place not exempt under this section. Doorways and windows leading to other public places shall remain closed at all times except to allow entrance or exit. Signs prohibiting patrons or guest under at least twenty-one (21) years of age to enter shall be clearly and conspicuously posted. It shall be the obligation of the owners, operators and/or employees to enforce the twenty-one (21) years of age restriction required herein.
(8) Bingo parlors where the patrons, guests and workers must be at least eighteen (18) years of age or older to enter as specified by state and/or federal law.
(9) Off-track betting parlors licensed by the Commonwealth of Kentucky where the patrons, guests and workers must be at least eighteen (18) years of age or older to enter as specified by state and/or federal law.
(B) Nothing in this subchapter shall prevent an owner, lessee, principal manager or person in control of any place, including, without limitation, any motor vehicle (other public transportation services), outdoor area, or dwelling, from prohibiting smoking completely in such place, and no person shall fail to abide by such private prohibition.
(C) Nothing in this subchapter shall authorize smoking in any place where it is otherwise prohibited by statue, ordinance, and regulation or by order of the Fire Marshal.
(Ord. 0-2007-028, passed 9-24-07; Am. Ord. 031, 2007, passed 10-9-07; Am. Ord. 0-2016-005, passed 4-25-16)
OTHER REGULATORY PROVISIONS
Notwithstanding any other provision of this chapter, an owner, operator, manager or other authorized person in control of an establishment, facility or outdoor area may declare that entire establishment, facility or outdoor area as a non-smoking place regardless of its designation under this chapter. Within such premises as an authorized nonsmoking designation has been made and signage conforming to the specifications set out in § 121.31(A), is posted, smoking shall be prohibited as if otherwise prohibited by this chapter and is subject to penalties as outlined in § 121.99.
(Ord. 0-2007-028, passed 9-24-07; Am. Ord. 031, 2007, passed 10-9-07) Penalty, see § 121.99
(A) “No Smoking” signs or the international “No Smoking” symbol, consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a red bar across it, shall be clearly and conspicuously posted in every public place and place of employment where smoking is prohibited by this chapter. The party responsible for the placement of the signage is the owner, operator, manager or other person in control of the premises.
(B) A conspicuous sign clearly stating that smoking is prohibited shall be posted at each entrance utilized by the public entering and exiting public places within which smoking is prohibited by this chapter. A conspicuous sign clearly stating that smoking is prohibited shall be posted at each entrance utilized by employees entering and exiting places of employment within which smoking is prohibited by this chapter.
(C) All ashtrays shall be removed from any area where smoking is prohibited by the owner, operator, manager, or other person having control of the area, except for ashtrays displayed for sale and not for use on the premises.
(D) All enclosed smoking areas and designated smoking areas shall be clearly and conspicuously posted by the owner, operator, manager or other person in control of the premises.
(Ord. 0-2007-028, passed 9-24-07; Am. Ord. 031, 2007, passed 10-9-07) Penalty, see § 121.99
(A) No person or employer shall discharge, refuse to hire, or in any manner retaliate against an employee, applicant for employment, or customer because that employee, applicant, or customer exercises any rights afforded by this chapter or reports or attempts to prosecute a violation of this chapter.
(B) An employee who continues to work in a setting where an employer allows smoking in violation of this chapter does not waive or otherwise surrender any legal rights the employee may have against the employer or any other party.
(Ord. 0-2007-028, passed 9-24-07; Am. Ord. 031, 2007, passed 10-9-07) Penalty, see § 121.99
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