A. All restaurants shall be smoke-free. However, restaurants may allow smoking under the following conditions:
1. In an area designated as a smoking area which meets all the requirements of this section; or
2. If granted, and in compliance with, a hardship exception pursuant to Section 8.50.033.
B. A designated smoking area must be:
1. Physically separated from all other areas of the restaurant;
2. Independently ventilated so that air is not vented into or does not drift into any areas required to be smoke-free;
3. No greater in size than twenty-five percent (25%) of the total square footage of the seating area of the restaurant;
4. Physically located so that customers can receive all services provided by the restaurant without having to walk through the designated smoking area or be exposed to environmental tobacco smoke;
5. Clearly marked as a designated smoking area by the posting of legible warning sign(s) at all entrances to the designated smoking area which read(s) "NOTICE: SMOKING AREA. Smoking is known to cause cancer, heart disease, and lung diseases in smokers as well as nonsmokers." The sign(s) shall be black letters on a white background and at least 8.5 inches by 11 inches in size.
C. A designated smoking area may include areas immediately adjacent to and outside of the restaurant, if:
1. At least fifteen (15) feet from the smoke-free area and public entrances and exits; and,
2. Smoke from the outdoor designated smoking area cannot enter the smoke-free area of the restaurant.
D. A designated smoking area may not include:
1. An entry lobby;
2. Waiting areas;
3. Rest rooms and the pathway between the rest rooms and dining area; or,
4. Areas where minors customarily congregate.
E. The department of development services is authorized to make requirements consistent with the Pima County Building Code, to assure compliance with this section.
(Ord. 2001-137 § 1 (part), 2001)