The proprietor or person in charge may designate no more than fifty percent (50%) of a public place or public meeting as a smoking area except as follows:
The owner or person in charge of the facility in which smoking is prohibited may designate separate rooms or areas in which smoking is permitted, provided that:
(a) Designated smoking rooms or areas shall be reasonably separate from rooms or areas entered by the public in the normal course of business or use of the facility; and
(b) In designated smoking areas, existing physical barriers and ventilation systems shall be used when possible to minimize the toxic effect of smoke in adjacent non-smoking areas.
(c) In the places of work in which smokers and non-smokers work in the same office or room, it shall be the responsibility of the employers to provide smoke-free work areas to accommodate employees who request the same.
(d) In no event shall lobbies, hallways or other common areas typically shared by smokers and non-smokers be designated as smoking areas, except that lobbies, hallways or other common areas which exceed 5,000 square feet in area may have within them designated smoking areas provided that no more than twenty-five percent (25%) of the total area of such lobby, hallway or other common areas is so designated and further providing that such designated smoking areas are located such that it is not necessary for non- smokers to pass through such areas to reach other non-smoking areas.
(e) In restaurants with a seating capacity of over thirty persons, the proprietor or person in charge shall provide a no-smoking area of sufficient size to accommodate patrons who request to be seated in such an area. Patrons must be advised orally and through signs that no-smoking areas are available.
(f) In no event shall public rest rooms be designated as smoking areas.
(Passed 12-3-90)