§ 135-03  Regulation of Smoking in Food Establishments.
   (A)   A food establishment which has indoor or enclosed dining areas shall provide separate indoor or enclosed dining areas for smoking and nonsmoking patrons.
   (B)   A nonsmoking area must:
      (1)   Be separated from the smoking areas by a minimum of four feet of contiguous floor space, a partition, or a wall;
      (2)   Be ventilated and situated so that air from the smoking area is not drawn into or across the nonsmoking area, or the smoking area shall be separately ventilated;
      (3)   Be clearly designated by appropriate signs visible to patrons within the dining area indicating that the area is designated nonsmoking; and
      (4)   Have ashtrays or other suitable containers for extinguishing smoking materials at the perimeter of the nonsmoking area.
   (C)   Each food establishment which has a dining area shall have signs, conspicuous to ordinary public view, at each public entrance to the establishment indicating that nonsmoking seating is available.
   (D)   It is a defense to prosecution under this section that the food establishment is:
      (1)   An establishment which has indoor seating arrangements for less than 100 patrons;
      (2)   A physically separated bar area of a food products establishment otherwise regulated;
   (E)   The establishments covered above in subdivision (D)(1) shall post a sign, conspicuous to ordinary public view, at each public entrance to the establishment which shall contain the words “This Establishment Does Not Provide for a Nonsmoking Section.”
   (F)   A person commits an offense under this section if he smokes in an area of a food establishment designated as nonsmoking.
('80 Code, § 19-63)  (Ord. 2368, passed 8-19-87)  Penalty, see § 135-99