Sec. 11-88. Reserved.

   Editors Note: Section 11-88 was repealed by § 2 of Ord. No. 6384. The provisions were reenacted by 4 as a new 11-67.

Sec. 11-89. Smoking prohibited in specified places, exceptions.

No person shall smoke or carry a lighted cigar, cigarette or pipe, or use a match or flame- producing device for lighting any of them in any of the following places and at the following times:

   (1)   Smoking means inhaling, exhaling, burning or carrying any lighted cigar, pipe, cigarette, weed, plant or other combustible substance, or any activated electronic smoking device as defined in section 7-427(a) of this Code, in any manner or in any form.

   (2)   Smoking is prohibited in any public vehicle, any area placarded as a "No Smoking" area, or an enclosed structure, such as, but not limited to, taxicabs, lobbies, hallways, restrooms, stairways, malls, stores, theaters, locker rooms, conference rooms and recreation rooms.

   (a)   Smoking will be permitted by performers when smoking is required by a script as an integral part of a performance.

   (b)   This article does not apply to places where smoking is regulated or prohibited by federal, state or county laws.

   (c)   This section includes structures under the control of the city.

   (d)   This article does not apply to bars, bowling alleys, pool halls, restaurants, retail tobacco stores, private homes, hotel and motel rooms rented to guests, hotel and motel conference or meeting rooms and public or private assembly rooms when used for private functions, or private vehicles. The exceptions of this provision do not apply if the area is placarded as "No Smoking."

   (3)   In designated areas of the workplace as defined and set forth herein.

   (a)   Purpose. Because smoking is a danger to health and is a cause of annoyance and discomfort to those who are present in smoky, confined spaces, the purpose of this section is to protect the public health and welfare by regulating smoking in the workplace.

   (b)   Definitions.

   (i)   Workplace means any enclosed area of a structure or portion thereof intended for occupancy by any business entity. "Workplace" includes but is not limited to offices, factories, retail stores, hospitals, libraries, and service establishments.

   (ii)   Employer means any person who employs the services of an individual person.

   (iii)   Employee means any person who is employed by any employer in consideration for direct or indirect monetary wages or profit.

   (c)   Within ninety (90) days of the adoption of this section, each employer shall adopt, implement, and maintain a written policy regulating smoking by employees which shall contain at a minimum the following:

   (i)   Prohibition of smoking in employer conference and meeting rooms, classrooms, auditoriums, rest rooms, and hallways.

   (ii)   Provision and maintenance of a contiguous no-smoking area of not less than two-thirds of the seating capacity and floor space in cafeterias, lunchrooms, and employee lounges.

   (iii)   Any nonsmoking employee may object to his or her employer about smoke in his or her workplace. The employer shall attempt to reach a reasonable accommodation, using already available means of ventilation, separation or partition, insofar as possible, between the preferences of nonsmoking and smoking employees. However, an employer is not required by this subsection to make any expenditures for structural changes in the workplace.

   (iv)   If an accommodation which is satisfactory to all affected nonsmoking employees cannot be reached in any given workplace, the preference of nonsmoking employees shall prevail; and the employer shall prohibit smoking in that workplace.

   (v)   No employee shall be terminated or subject to disciplinary action solely as a result of his or her complaint about smoking in the workplace.

   (vi)   The smoking policy shall be communicated to all employees within three (3) weeks of its adoption.

   (d)   This subsection is not intended to regulate smoking in the following places:

   (i)   A private home.

   (ii)   An office occupied solely by a single smoker.

(Ord. No. 5890, § 1, 10-11-83; Ord. No. 7089, § 1, 11-14-88; Ord. No. 7202, § 1, 6-5-89; Ord. No. 11703, § 3, 10-22-19)

   Editors Note: Section 11-89(3), renumbered from § 11-89(4), was added as the result of an Initiative Special Election held Nov. 5, 1985, pursuant to a citizen-initiated measure--Initiative Petition No. 1985-I002. The amendment became effective on Nov. 12, 1985. The ninety days referred to in § 11-89(3)(c) is Feb. 10, 1986.

Sec. 11-90. Placarding required.

"No Smoking" signs with letters not less than one (1) inch in height or the international "No Smoking" symbol (consisting of a pictorial representation of a burning cigarette enclosed in a red circle of not less than six (6) inches and with a red bar across it) shall be clearly, sufficiently and conspicuously posted at the entrance of every place where smoking is prohibited by section 11-89 by the owner, operator, manager or other person having control of such place.

(Ord. No. 5890, § 1, 10-11-83; Ord. No. 7089, § 1, 11-14-88; Ord. No. 7202, § 1, 6-5-89)

Sec. 11-91. Reserved.

   Editors Note: Section 11-91 was repealed by § 2 of Ord No. 6384. Section 4 reenacted the provisions as a new § 11-68.

Sec. 11-92. Enforcement; penalty.

   (a)   Any person found responsible under this article shall be guilty of a civil infraction and punished in accordance with the mandatory penalties of subsection (c) of this section pursuant to the procedures outlined in this section and chapter 28 of the Tucson Code. If there is any conflict between the procedures of this section and the general procedures of chapter 28, this section is controlling.

   (b)   Violations may be investigated and citations may be issued by police officers and fire department inspectors.

   (c)   Any person who violates any provision of section 11-89(3) by smoking in a posted "No Smoking" area is guilty of an infraction and shall be punished by a fine of not less than twenty-five dollars ($25.00) nor more than one hundred dollars ($100.00). Any employer who violates any provision of section 11-89(3) is guilty of an infraction and shall be punished by a fine of not less than two hundred fifty dollars ($250.00) nor more than five hundred dollars ($500.00). Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such.

(Ord. No. 5890, § 1, 10-11-83; Ord. No. 6384, § 5, 2-3-86)

   Editors Note: Section 11-92(c) was added as the result of an Initiative Special Election held Nov. 5, 1985, pursuant to a citizen-initiated measure--Initiative Petition No. 1985-1002. The amendment became effective on Nov. 12, 1985.

Sec. 11-93. Tobacco vending machines prohibited in specified places, exceptions.

   (a)   Declaration of legislative findings. The city council finds that the vast majority of smokers begin smoking in their teens or pre-teens. The health hazards posed by cigarettes and other tobacco products are well documented and the sale of tobacco in any form to persons under the age of eighteen (18) is prohibited in Arizona. However, cigarette vending machines in public places have provided unsupervised minors with easy access to cigarettes, in contravention of the policy of this state. Accordingly, the city council finds that the ability of unsupervised minors to obtain cigarettes and other tobacco products in violation of the law will be significantly reduced by prohibiting vending machines which dispense such products, except as allowed in this local law.

   (b)   Definitions. 

   Bar area means the area within a liquor establishment where beverages containing spirituous liquor are dispensed.

   Dispensing of spirituous liquors means the preparation of beverages containing spirituous liquors.

   Employee means any person who performs any service at a licensed liquor establishment on a full-time, part-time or contract basis. Employee does not include a person exclusively on the premises for repair or maintenance of the premises or for the delivery of goods to the liquor establishment.

   Liquor establishment means any public or private place which sells or serves spirituous liquors and is required to be licensed pursuant to A.R.S. § 4-209(b).

   Operator means any person who owns, operates or manages a business as a corporation or partnership, firm, organization or other legal entity.

   Public place means any area to which the public is invited or permitted.

   Spirituous liquors is as defined in A.R.S. § 4-101(27).

   Tobacco product means any substance which contains tobacco, including but not limited to cigarettes, cigars, smoking tobacco and smokeless tobacco.

   Vending machine means any mechanical, electronic or other similar device that dispenses tobacco products.

   (c)   Distribution of tobacco products through vending machines prohibited.

   (1)   No vending machine operator shall place a vending machine dispensing a tobacco product in a public place except as provided in this section.

   (2)   No operator shall allow a vending machine dispensing a tobacco product on their premises except as provided in this section.

   (d)   Exceptions. Liquor establishments possessing a liquor license pursuant to A.R.S. § 4-209.B.6., bar license, may allow vending machines dispensing a tobacco product on the licensed premises pursuant to the following procedures:

   (1)   Placing a vending machine dispensing tobacco products at a distance no greater than ten (10) feet from the bar area; and

   (2)   Placing a vending machine dispensing tobacco products so that it is visible by the operator of the liquor establishment, or his or her employee, during the use of such vending machine.

   (e)   Penalties.

   (1)   Any person found to be responsible for a violation of this section shall be guilty of a civil infraction and fined not less than two hundred and fifty dollars ($250.00) for the first violation; not less than five hundred dollars ($500.00) for the second violation; and not less than one thousand dollars ($1,000.00) for the third and all subsequent violations. Each day such violation is committed or permitted to continue shall be a separate offense and shall be punishable as such. No judge or hearing officer may grant probation to or suspend the imposition of the minimum fine prescribed herein upon a person found responsible for any offense prohibited in this section.

   (2)   Violations may be investigated and citations may be issued by police officers and fire department inspectors.

(Ord. No. 7991, § 1, 2-1-93)

Secs. 11-94, 11-95. Reserved.

   Editors Note: Sections 11-94, 11-95, relating to exemptions from and violations of this article, derived from Ord. No. 5890, § 1, adopted Oct. 11, 1983, were repealed by § 2 of Ord. No. 6384, adopted Feb. 3, 1986.