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(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