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Pima County Overview
Pima County, AZ Code of Ordinances
PIMA COUNTY, ARIZONA CODE
Publisher's Introduction
Title 1 GENERAL PROVISIONS
Title 2 ADMINISTRATION AND PERSONNEL
Title 3 REVENUE AND FINANCE
Title 4 INDIGENT HEALTH CARE
Title 5 BUSINESS TAXES, LICENSES AND REGULATIONS
Title 6 ANIMALS
Title 7 ENVIRONMENTAL QUALITY
Title 8 HEALTH AND SAFETY
Title 9 PUBLIC PEACE, MORALS AND WELFARE
Title 10 TRAFFIC AND HIGHWAYS
Title 11 PIMA COUNTY PROCUREMENT CODE
Title 12 (RESERVED)
Title 13 PUBLIC SERVICES
Title 14 RENEWABLE ENERGY INCENTIVE DISTRICT (REID)
Title 15 BUILDINGS AND CONSTRUCTION
Title 16 FLOODPLAIN MANAGEMENT
Title 17 AIR QUALITY CONTROL
Title 18 ZONING
Title 19 ROADWAY DEVELOPMENT FEE
Title 20 THE SMALL BUSINESS ENTERPRISE PARTICIPATION PROGRAM
Title 21 PUBLIC LANDS AND FACILITIES
STATUTORY REFERENCES FOR ARIZONA COUNTIES
CROSS-REFERENCE TABLE
ORDINANCE LIST AND DISPOSITION TABLE
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8.50.020   Smoking prohibited.
   No person shall smoke within any enclosed structure or vehicle except as permitted by this chapter.
(Ord. 2001-137 § 1 (part), 2001; Ord. 1992-9 § 2 (part), 1992)
8.50.030   Exemptions.
   A.   The following places or circumstances are exempt from the provisions of this chapter:
      1.   Bowling alleys;
      2.   Pool halls;
      3.   Bars;
      4.   Restaurants for which an exemption has been granted pursuant to the terms of this chapter;
      5.   Retail tobacco stores;
      6.   Hotel and motel rooms when rented to guests;
      7.   Hotel and motel conference and meeting rooms when being used for private functions;
      8.   Assembly rooms when being used for private functions;
      9.   A private home;
      10.   A private, non-commercial vehicle;
      11.   A commercial vehicle occupied by only one person;
      12.   An office occupied by only one person;
      13.   Any area not within an enclosed structure or vehicle;
      14.   Smoking by performers when smoking is required by a script as an integral part of a performance.
      15.   Nonprofit civic fraternal organizations, such as the Veterans of Foreign Wars or the Benevolent and Protective Order of Elks.
   B.   No exemption set forth in subsection A of this section shall exist if an area is placarded as "No Smoking" pursuant to Section 8.50.040.
(Ord. 2001-137 § 1 (part), 2001; Ord. 1992-9 § 2 (part), 1992)
8.50.031   Exemptions for Smoking in Restaurants
   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)
8.50.032   Hardship Phase-In to Create a Designated Smoking Area
   A.   The owner of an existing restaurant may apply for a hardship phase-in to allow a period beyond the date prescribed to make the necessary modifications to create a designated smoking area which meets the requirements of Section 8.50.031, if completing those modifications within the date prescribed would create an undue financial hardship.
   B.   For purposes of this section only, an "undue financial hardship" means that the applicant does not have current funds, or the current ability to borrow and repay funds, necessary and sufficient to remodel the restaurant to create a designated smoking area which complies with Section 8.50.031. The owner bears the burden of showing that compliance would create an undue financial hardship.
   C.   The time allotted for a hardship phase-in to create a designated smoking area shall not exceed one (1) year.
   D.   A hardship phase-in to create a designated smoking area application shall be submitted to the health department and shall contain the following:
      1.   An estimate from appropriately licensed contractor(s) of the costs of modifying the seating area of the restaurant to be a designated smoking area which meets the requirements of Section 8.50.031;
      2.   Financial statements prepared by a licensed certified public accountant for the twelve (12) months immediately prior to the month in which a hardship phase-in application is filed purporting to show an undue financial hardship;
      3.   A time and task schedule for complying with all requirements of Section 8.50.031 if a hardship phase-in is granted; and,
      4.   A sworn statement that, if a phase-in is granted, the applicant shall complete the structural, HVAC, signage, and all other modifications necessary to meet the requirements of Section 8.50.031(B) and (C) in accordance with the time and task schedule.
   E.   A restaurant owner must apply for a hardship phase-in to create a designated smoking area within ninety (90) days of the effective date of this ordinance. If application for hardship phase-in to create a designated smoking area is not made within this time period, the restaurant must be smoke-free.
   F.   The entire restaurant shall remain smoke-free until the modifications for the designated smoking area are completed.
   G.   Restaurants constructed, opened, or remodeled after the effective date of this ordinance, must immediately comply with Section 8.50.031 and shall not be eligible for a hardship phase-in.
(Ord. 2001-137 § 1 (part), 2001)
8.50.033   Hardship Smoking Exception
   A.   The owner of an existing restaurant may apply for a hardship smoking exception to allow smoking throughout the restaurant, if compliance creates an undue financial hardship.
   B.   For purposes of this section only, an "undue financial hardship" for the initial hardship smoking exception means at least a fifteen percent (15%) reduction in state sales tax receipts from the sale of food and nonalcohol beverages for two (2) consecutive months wherein the restaurant has operated smoke-free as compared to the same two (2) consecutive months during the year prior to compliance with this chapter. For restaurants which have not been open for an entire year prior to the date of application for a hardship smoking exception, an "undue financial hardship" for the initial hardship smoking exception means at least a fifteen percent (15%) reduction in state sales tax receipts from the sale of food and nonalcohol beverages for two (2) consecutive months wherein the restaurant has operated smoke-free as compared to the two (2) consecutive months immediately prior to those two (2) months of smoke-free operation. For purposes of this section only, an "undue financial hardship" for subsequent hardship smoking exceptions means at least a fifteen percent (15%) reduction in state sales tax receipts from the sale of food and nonalcohol beverages for two (2) consecutive months wherein the restaurant has returned to operating smoke-free as compared to the same two (2) consecutive months of the immediately preceding year during which the restaurant operated under a hardship smoking exception. Such a showing shall constitute prima facie evidence and a rebuttable presumption of an undue financial hardship.
   C.   The initial application for a smoking hardship exception must be made within one hundred twenty (120) days from the effective date of this ordinance. Subsequent applications for a smoking hardship exception shall be made as indicated in this section. If application for a smoking hardship exception is not made within the time periods set forth in this section, the restaurant must be smoke-free.
   D.   An initial hardship smoking exception application shall be submitted to the health department and shall contain the following:
      1.   A description of all efforts made, or which reasonably could be made, to operate the restaurant successfully as a smoke-free environment; and,
      2.   Exact copies of state sales tax statements submitted by the restaurant to the state of Arizona, which can serve to compare state sales taxes of food and nonalcohol beverages for a two (2) consecutive month period of smoke-free operation and the same two (2) consecutive month period in the year immediately prior to smoke-free operation.
      3.   Evidence which demonstrates that the purported drop in state sales tax between the year in which the exemption is sought and the prior comparison year has occurred under similar circumstances and is not due to extraneous factors. Evidence must show that the business operated in substantially the same manner including, but not limited to, operating during the same number of hours, being open the same number of days, being open on the same high business days, such as holidays; and, serving from a menus similar in selection and cost.
   E.   A hardship smoking exception, if granted, shall not exceed two (2) years.
   F.   All entries to the restaurant must be clearly marked by the posting of a legible warning sign(s) which read(s): "NOTICE: SMOKING PERMITTED. This establishment permits smoking which is known to cause cancer, heart disease, and lung diseases in smokers as well as non-smokers." The sign(s) shall be black letters on a white background and at least 8.5 inches by 11 inches in size.
   G.   The entire restaurant shall remain smoke-free unless and until a hardship smoking exception is granted.
   H.   Upon the expiration of a hardship smoking exception, the restaurant must be smoke-free, but may apply for a subsequent hardship smoking exception no less than sixty (60) days and no more than one hundred twenty (120) days after the expiration of a hardship smoking exception.
   I.   Subsequent hardship smoking exception applications shall be submitted to the health department and shall contain the following:
      1.   A description of all efforts made, or which reasonably could be made, to operate the restaurant successfully as a smoke-free environment; and,
      2.   State sales tax statements prepared by a licensed certified public accountant, which compare state sales tax receipts for food and nonalcohol beverages for a two (2) consecutive month period of smoke-free operation in the year the application is made and the same two (2) consecutive month period in the year immediately prior where the restaurant operated under a hardship smoking exception.
   J.   Restaurants constructed, opened, or remodeled after the effective date of this ordinance must immediately be smoke-free or in compliance with Section 8.50.031 and shall not be eligible for a hardship smoking exception.
(Ord. 2001-137 § 1 (part), 2001)
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