Smoking areas may be designated in accordance with this Section by proprietors or employers in charge of places set forth in Sections 519.04(b) and 519.05(b), except in places in which smoking is otherwise prohibited by law. Where smoking areas are designated, signs indicating that smoking is permitted shall be posted pursuant to Sections 519.04(c)(1) and 519.05(c)(2).
(a) Number and Size. Not more than fifty percent (50%) of the total floor space of any establishment, or portion thereof, within Section 519.04(b) or 519.05(b) may be designated as a smoking area. In the case of establishments consisting of a single room, not more than fifty percent (50%) of the room may be designated as a smoking area. In the case of establishments consisting of more than one room, not more than fifty percent (50%) of the rooms may be designated as smoking areas. Rooms with a total floor space of fewer than 2,500 square feet may not be separated into smoking and no-smoking areas, except that this restriction does not apply to eating establishments.
(b) Barriers and Ventilation. Smoking areas may be designated using existing barriers and ventilation systems to the maximum extent practicable, consistent with good engineering practices, to minimize the migration of smoke to adjacent no-smoking areas. Where modifications are made to existing establishments for other reasons, barriers shall be consistent with good engineering practices to further minimize the migration of smoke to adjacent no-smoking areas, provided that persons undertaking such modification shall not be required to incur any expense to meet the requirements of this subsection. Where new establishments are constructed, barriers and ventilation systems shall be designed and operated to the maximum extent practicable, consistent with good engineering practices, to minimize the migration and recirculation of smoke to no-smoking areas.
(c) Placement. A smoking area may not be designated adjacent to an indoor service line or between a no-smoking area and the source of fresh air. Where practicable, smoking areas shall not be designated such that nonsmokers would be required to pass through such areas on a routine basis in order to perform job duties, to patronize an establishment or to reach a no-smoking area. Special consideration shall be given to individuals with a hypersensitivity to tobacco smoke.
(d) Prohibition Permitted. This section shall not be interpreted or construed to require persons in charge of places set forth in Section 519.04(b) or 519.05(b) to provide smoking areas. Notwithstanding any other provision of this chapter, any proprietor or employer in charge of an establishment may declare the entire establishment as a no-smoking area.
(Ord. 143-93. Passed 3-8-94.)