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Unless the term is specifically defined in this Article or the contrary stated or clearly appears from the context, the definitions set forth in Article 19, Section 1002, of this Code (the Smoking Pollution Control Ordinance) shall govern the interpretation of this Article. The definitions set forth in this Article shall be construed so as to make the prohibition against smoking set forth herein broadly applicable.
(a) "Bar" means an area which is devoted to the serving of alcoholic beverages for consumption by patrons on the premises and in which the serving of food is only incidental to the consumption of such beverages.
(b) "Child care facility" means a facility in which a person, at the request and consent of a parent or legal guardian, provides care during a part of any 24-hour period for compensation, whether or not such person is licensed.
(c) "Educational facility" means any school or educational institution, whether commercial or nonprofit, operated 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.
(d) "Enclosed" means closed in by a roof and four walls with appropriate openings for ingress and egress. It includes areas commonly described as public lobbies or lobbies when they are in an area that is enclosed as defined herein.
(e) "Motion picture theater" means any theater engaged in the business of exhibiting motion pictures.
(f) "Nonprofit establishment" means any office, store, or other place operated by any corporation, unincorporated association or other entity created for charitable, philanthropic, educational, character building, political, social or other similar purposes, the net proceeds from the operation of which are committed to the promotion of the objects or purposes of the organization and not to private financial gain. A public agency is not a nonprofit entity.
(g) "Person" means a natural person or any legal entity, including but not limited to a corporation, firm, partnership or trust.
(h) "Public area" means any enclosed area of a building to which members of the general public have access. It shall include, by way of example only, lobbies of businesses open to the public; reception areas of businesses open to the public; department stores; one-room businesses where the room is open to the public; restrooms open to the public; stairways, hallways, escalators and elevators in buildings open to the public; and other enclosed areas open to the public as set forth herein.
(i) "Business establishment" means any business, store, office or other place where goods or services are sold or provided as part of a commercial venture. It includes but is not limited to the following: (1) automobile dealerships, furniture or other showrooms for the display of merchandise offered for sale; (2) grocery, pharmacy, specialty, department and other stores which sell goods or merchandise; (3) service stations, stores or shops for the repair or maintenance of appliances, shoes, motor vehicles or other items or products; (4) barbershops, beauty shops, cleaners, laundromats and other establishments offering services to the general public; (5) video arcade, poolhall, and other amusement centers; (6) offices providing professional services such as legal, medical, dental, engineering, and architectural services; (7) banks, savings and loan offices, and other financial establishments; (8) hotels and motels, and other places that provide accommodations to the public.
(j) "Retail tobacco store" shall mean a retail store utilized primarily for the sale of tobacco products and accessories and in which the sale of other products is merely incidental.
(k) "Sports arena" means sports stadiums, gymnasiums, health spas, boxing arenas, swimming pools, roller and ice rinks, bowling alleys and similar places where the public assembles either to engage in physical exercise, participate in athletic competition or witness sports events.
(Added by Ord. 300-88, App. 6/30/88)
Smoking shall be prohibited in those enclosed areas of the following places during those times when the general public has access to them; notwithstanding any other provision of this Article, smoking is permitted in the public areas of the following places without violating this Article if one or more designated smoking areas are established which are physically separated by walls or partitions so that smoke does not permeate into areas where smoking is prohibited and so long as such designated smoking areas do not exceed in aggregate size the area or areas devoted to non-smoking which are for the general public.
(a) Public areas of every building or portion thereof on property owned or leased by the City and County of San Francisco; within 90 days after the effective date of this ordinance, every commission, department or agency with jurisdiction over such property shall adopt regulations or policies implementing the provisions of this Article;
(b) Public areas of hearing rooms, courtrooms, or places of public assembly located in buildings in which the business of any governmental body or agency is conducted;
(c) Polling places;
(d) (1) Public areas of health facilities, including but not limited to hospitals, long term care facilities, clinics, physical therapy facilities, and doctors' and dentists' offices, which public areas shall include waiting rooms and lobbies;
(2) The following private areas of hospitals, long term care facilities, clinics, physical therapy facilities, doctors' and dentists' offices, and other health facilities, even though the general public may not have access to such areas: wards, inpatient rooms, and outpatient examination and treatment rooms;
(3) Health Facility Exemptions. Notwithstanding any other provision of this Article, smoking is permitted in (i) wards and inpatient rooms if all patients currently in the ward or room request in writing to be placed in a room where smoking is permitted; and (ii) in designated areas in waiting rooms and lobbies of health facilities which may be established and which are physically separated by walls or partitions so that smoke does not permeate into areas where smoking is prohibited so long as such designated smoking areas do not exceed in aggregate size the areas in the lobbies and waiting rooms which are for the general public and designated as non- smoking; and (iii) in publicly owned long term care facilities, provided that such facilities shall adopt within 90 days of the effective date of this ordinance a written plan designed to meet the needs of patients, family and staff for a smoke-free environment;
(e) Public areas in educational facilities;
(f) Classrooms, meeting or conference rooms, and lecture halls in educational facilities; this prohibition is intended to apply even when such areas are open only to persons enrolled or otherwise formally authorized to attend;
(g) Public areas in business establishments and nonprofit establishments; provided, however, that not included are any establishments which employ three or fewer employees;
(h) Public areas of privately owned aquariums, galleries, libraries and museums when open to the public;
(i) Enclosed areas in child care facilities when children are present; provided, however, that not included are child care facilities which employ three or fewer employees. This prohibition is intended to apply even when such areas are open only to those being cared for in such facilities;
(j) Notwithstanding the provision of subsection (g) above that exempts establishments which employ three or fewer employees, all areas of all automatic laundries or launderettes intended for use by members of the general public.
Notwithstanding any other provision of this Article, any owner, operator, manager, or other person who controls any establishment or facility described in this Article may declare the entire establishment or facility as non-smoking.
(Added by Ord. 300-88, App. 6/30/88; amended by Ord. 16-90, App. 1/10/90)
The owner of the following premises, or the person who has the right to possession and management of the premises, shall designate smoking and non- smoking areas in enclosed areas of the following places and shall enforce the smoking prohibition in the non- smoking areas during those times when the general public has access to the premises. The owner or person with the right to possession and management shall post the signs required by Section 1008.5. An enclosed area may be divided into smoking and non-smoking areas without a physical separation between them. The posted signs shall clearly designate where the demarcation is between the smoking and non-smoking areas. Designated smoking areas shall not exceed in aggregate size the areas which are for the general public and which must be devoted to non- smoking.
(a) Public areas of any building primarily used for exhibiting motion pictures, drama, dance, musical performance or other entertainment, and within any room, hall or auditorium that is occasionally used for exhibiting motion pictures, drama, dance, musical performance, lecture or other entertainment during the time that said room, hall or auditorium is open to the public for such exhibition; provided, however, that smoking is permitted on a stage when such smoking is part of a stage production;
(b) Public areas of buildings containing sports arenas;
(c) Public areas of convention facilities;
(d) Hotel lobbies.
(Added by Ord. 300-88, App. 6/30/88)
(a) The following shall not be subject to this Article:
(1) "Eating establishments" regulated by Article 19A of this Code;
(2) Bars; provided, however, that not excluded from the requirements of this Article are areas commonly known as lobbies located in hotels, convention centers, theaters, and similar establishments;
(3) Rooms rented to guests in hotels, motels and similar establishments where not designated by the proprietor of said facilities as non-smoking;
(4) Retail tobacco stores;
(5) Discotheques, dance halls, or other establishments which are primarily devoted to entertaining people by providing music and dancing.
(b) Article 19 of this Code regulates smoking in the office workplace. In those times and places where the provisions of this Article apply, they shall govern. In all other instances, the provisions of Article 19 shall apply. Notwithstanding any other provision of this Article, no employee shall be entitled to smoke in an office workplace unless the provisions of Article 19 are complied with.
(Added by Ord. 300-88, App. 6/30/88)
(a) "No Smoking" signs with letters of not less than one inch in height or the international "No Smoking" symbol (consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a red bar across it) shall be conspicuously posted in every enclosed area where smoking is prohibited by this Article by the owner of such building or, if a different person has the right to possession and management of the property, by the person with such right.
(b) The owner and the manager or operator of every theater and auditorium shall be responsible for conspicuously posting signs in the lobby stating that smoking is prohibited within the theater or auditorium and the lobby, and in the case of motion picture theaters, such information shall be shown upon the screen for at least five seconds prior to the showing of each feature motion picture.
(c) "Smoking" signs may be posted where permitted by this Article.
(Added by Ord. 300-88, App. 6/30/88)
(a) It shall be unlawful for the owner of any property or establishment subject to this Article, or, if a different person has the right to possession and management of such property or establishment, for that person, to fail to post or to maintain the signs required by this Article or to permit any person to smoke in any area where smoking is prohibited by this Article. The person responsible for enforcing the prohibition against smoking in designated areas shall be deemed to have complied with these Sections if he or she posts the signs required by this Article and, upon notice of a violation, promptly makes a good faith effort to notify the violator that smoking is illegal and requests the violator not to smoke, either personally or through a designee.
(b) It is unlawful for any person to smoke in an area where signs have been posted indicating that smoking is prohibited or to smoke in an area where this Article prohibits smoking.
(Added by Ord. 300-88, App. 6/30/88)
(a) The Director of Health (hereinafter "Director") may enforce the provisions of this Article against violations by serving notice requiring the correction of any violation within a reasonable time specified by the Director. Upon the violator's failure to comply with the notice within the time period specified, (1) the Director may request the City Attorney to maintain an action for injunction to enforce the provisions of this Article and for assessment and recovery of a civil penalty for such violation and (2) the owner of the premises or the person with the right to possession and management of the property may maintain an action for injunctive relief to enforce the provisions of this Article and an action for damages. Damages may be awarded up to $500 a day for each day that the violation occurs or is permitted to continue. It is necessary to specify the amount of such damages because of the extreme difficulty that the owner or other authorized person would have in establishing injury based on lost business, lost productivity due to health injuries caused by tobacco smoke, and other costs arising because of the health problems created by smoking.
(b) Any person that violates or refuses to comply with the provisions of this Article shall be liable for a civil penalty, not to exceed $500 for each day such violation is committed or permitted to continue, which penalty shall be assessed and recovered in a civil action brought in the name of the people of the City and County of San Francisco, by the City Attorney, in any court of competent jurisdiction. Any penalty assessed and recovered in a civil action brought pursuant to this Section shall be paid to the Treasurer of the City and County of San Francisco.
(c) Any person who violates or refuses to comply with the provisions of this Article shall be guilty of an infraction, and shall be deemed guilty of a separate offense for every day such violation or refusal shall continue. Every violation is punishable by (1) a fine not exceeding $100 for a first violation; (2) a fine not exceeding $200 for a second violation within one year; (3) a fine not exceeding $500 for each additional violation within one year.
(d) In undertaking the enforcement of this ordinance, the City and County of San Francisco is assuming an undertaking only to promote the general welfare. It is not assuming, nor is it imposing on its officers and employees, an obligation for breach of which it is liable in money damages to any person who claims that such breach proximately caused injury.
(Added by Ord. 300-88, App. 6/30/88)
If any provision of this Article, or the application of any such provision to any person or circumstances, shall be held invalid, the remainder of this Article, to the extent it can be given effect, or the application of those provisions to persons or circumstances other than those to which it is held invalid, shall not be affected thereby, and to this end the provisions of this Article are severable.
(Added by Ord. 300-88, App. 6/30/88)