(A) Unlawful To Smoke In Certain Places: Except as specifically provided, it is unlawful for any member of the general public or any other person, including an employee, to smoke in the public places named and described in this chapter, and other enclosed public places similarly situated, including, but not limited to, the following areas:
1. Common work areas occupied by employees performing clerical, technical, administrative or other business or work functions;
2. Merchandise display areas, checkout stations, and counters and other pay stations;
3. Hallways;
4. Restrooms;
5. Escalators, elevators and stairways;
6. Lobbies (unless a special room and/or outdoor ventilation system is installed);
7. Reception areas;
8. Waiting rooms;
9. Service lines;
10. Classrooms, meeting or conference rooms, or lecture halls;
11. Other places in which members of the general public congregate for service or otherwise frequent; and
12. The El Dorado Trail within the incorporated City limits of the City of Placerville. (Ord. 1691, 8-22-2017)
(B) Stores: The prohibitions contained in subsection (A) of this section shall be applicable to: 1) the enclosed common areas of shopping malls; 2) automobile dealerships, furniture or other showrooms for the display of merchandise offered for sale at retail; 3) grocery, specialty, department and other stores which sell goods or merchandise at retail, and 4) service stations, stores or shops for the repair or maintenance of appliances, shoes, or motor vehicles, barbershops, beauty shops, cleaners and laundromats, video game, and other amusement centers, and other similar establishments offering services or products to members of the general public.
(C) Banks: The prohibitions of subsection (A) of this section shall be applicable to banks, including savings and loan associations, credit unions and other similar institutions which offer financial services to members of the general public.
(D) Hotels/Motels: The prohibitions of subsection (A) of this section shall be applicable to hotels and motels in which guests typically rent lodging for continuous periods less than thirty (30) days. Smoking is permissible in rental rooms and in on premises restaurants and bars as provided in this section and section 7-11-6 of this chapter. The availability of all nonsmoking rooms will be prominently posted in the lobby sign in area. The rooms so designated will be posted as "Smoking Prohibited" and ash trays removed. Customers seeking accommodations will be routinely advised of the availability of nonsmoking rooms.
(E) Terminals: The prohibitions of subsection (A) of this section shall be applicable to depots and other terminals utilized by members of the general public for the purpose of being transported upon or departing from airplanes, trains, buses and taxis.
(F) Buses And Public Transit: Smoking by either passengers or operators shall be prohibited within buses, and all public transit conveyances operated by or licensed by the County.
(G) Theaters: The prohibitions of subsection (A) of this section shall be applicable to theaters, including motion picture theaters, meeting halls and auditoriums where motion pictures or live theatrical musical or dramatic productions are made to an audience consisting of members of the general public assembled for the purpose of witnessing the performance or presentation; provided, that neither this subsection nor subsection (A) of this section shall be construed to prevent smoking by performers in connection with a stage production or by persons making a presentation concerning addiction to tobacco or other drugs.
(H) Recreational Facilities: The prohibitions contained in subsection (A) of this section shall be applicable to sports pavilions, gymnasiums, exercise rooms, health spas, boxing arenas, swimming pools, roller and ice skating rinks, and other similar places where members of the general public assemble to either engage in physical exercise, participate in athletic competition or witness sports events.
Smoking is prohibited at all times within the seating areas of an enclosed arena and in any surrounding enclosed concourses where food and beverages are dispensed.
(I) Recreation Halls: The prohibitions of subsection (A) of this section shall be applicable to recreation halls and other similar facilities where members of the general public play bingo or cards, dance or engage in recreational, character building or cultural activities. An owner or operator may permit persons to smoke within a portion, not exceeding fifty percent (50%) of the main activities area of such facility and not including restrooms, lounges, and kitchens. Signs will be posted in the manner prescribed by section 7-11-8 of this chapter. It shall not constitute a violation of this chapter to smoke in a location where smoking has been authorized.
The provisions of this subsection shall not be construed to in any manner restrict or otherwise impair the authority of an owner or operator to prohibit smoking in such recreational facility. (Ord. 1485, 12-10-1991)
(J) Restaurants:
1. Within all restaurants, the prohibitions of subsection (A) of this section shall be applicable to lobbies, waiting areas, restrooms and such dining seating areas as are allocated for nonsmoking. After adoption of this chapter the owner, manager, or operator shall post a notice at the restaurant entrance that a nonsmoking section is available. It shall not constitute a violation of this chapter to smoke in a location where smoking has been authorized.
2. The provisions of this subsection shall not be construed to in any manner restrict or otherwise impair the authority of an owner or operator to increase the nonsmoking seating in a restaurant or bar.
3. Smoking is prohibited and is unlawful in every publicly or privately owned restaurant except under the following circumstances where smoking may be permitted at the option of the establishment:
(a) Any area exterior to the building in which the establishment is located.
(b) The smoking of tobacco in any bar as defined in section 7-11-3 of this chapter.
(c) Until March 1, 1993, the smoking of tobacco in an interior area shall be limited to not more than fifty percent (50%) of contiguous floor space of the dining area which is specifically designated and signed as a smoking area. Restaurants shall post at their entrances a sign stating that nonsmoking seats are available. Likewise, recreational halls shall post signs alerting users of the availability of nonsmoking rooms. Smoking permitted areas in which smoking is permitted will be posted as such.
(d) During the period of March 1, 1993 to January 1, 1994, the smoking of tobacco in an interior area shall be limited to not more than twenty five percent (25%) of the contiguous floor space of the dining area which is specifically designated and signed as a smoking area. Signs as prescribed by section 7-11-8 of this chapter shall be used. Restaurants shall post at their entrances a sign stating that nonsmoking seats are available. Likewise, recreational halls shall post signs alerting users of the availability of nonsmoking rooms. Smoking permitted areas in which smoking is permitted will be posted as such.
4. On January 2, 1994, subsections (J)3(c) and (J)3(d) of this section shall automatically be repealed. (Ord. 1499, 12-8-1992)
(K) City Buildings: Smoking is prohibited in all city buildings.
(L) Places Of Exhibition: The prohibitions contained in subsection (A) of this section shall be applicable to libraries, museums, aquariums, galleries, convention halls and similar facilities where members of the general public assemble for the purpose of viewing the exhibition of art, artifacts, objects of historical or cultural significance, products, merchandise, equipment, appliances or services.
(M) Hospitals: The prohibitions contained in subsection (A) of this section shall be applicable to hospitals, rest and convalescent homes, medical clinics, physical therapy facilities and other places where medical, dental, psychiatric or counseling services are delivered to members of the general public. Operators of facilities treating psychiatric or chemically dependent patients may permit smoking by patients in designated areas, provided the medical director of such facility has determined in writing that the practice is beneficial for the recovery or treatment of such patients and that the practice will not interfere with the recovery and treatment of nonsmoking patients, and provided that adequate nonsmoking areas are made available for nonsmoking patients.
(N) Schools: The prohibitions contained in subsection (A) of this section shall be applicable to any school or educational institution operated by a commercial enterprise or nonprofit entity for the purpose of providing academic classroom instruction, trade, craft, computer or other technical training, or instruction in dancing, artistic, musical or other cultural skills.
The prohibitions contained in subsection (A) of this section shall be applicable to public school facilities when school district management authorizes their use by members of the general public other than students.
(O) Daycare Facilities: The prohibitions contained in subsection (A) of this section shall be applicable to private residences during the time when such residences are operated as licensed daycare facilities for children. (Ord. 1485, 12-10-1991)