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<br /> <br /> <br /> <br /> <br /> <br /> COUNTY OF HAWAII STATE OF HAWAII <br /> <br /> <br /> BILL NO. <br /> <br /> ORDINANCE NO. <br /> <br /> <br /> AN ORDINANCE AMENDING CHAPTER 14, ARTICLE 4, SECTION 14-21 OF THE <br /> HAWAII COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO <br /> PROHIBITION OF SMOKING IN CERTAIN PLACES. <br /> <br /> BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: <br /> <br /> SECTION 1. Chapter 14, article 4, section 14-21, Hawaii County Code 1983 <br /> (2005 Edition, as amended), is amended to read as follows: <br /> <br /> "Section 14-21. Prohibition of smoking in certain places. <br /> (a) Except as otherwise provided in this article, smoking shall be prohibited in <br /> all enclosed places within the County, including but not limited to, the <br /> following places: <br /> (1) Patient rooms, wards, waiting rooms, lobbies, and public hallways of <br /> public and private health care facilities, including, but not limited to, <br /> hospitals, clinics, and physicians' and dentists' offices. <br /> (2) Restaurants and bowling alleys, except as outlined in sections <br /> 14-2 1 (a)(2)(A) and 14-2 1 (a)(2)(B) below. If a restaurant or bowling <br /> alley contains an outdoor, open air or partially enclosed seating area <br /> where food and beverages are served, smoking is prohibited in this area <br /> of the establishment. <br /> (A) Through August 31, 2004, smoking shall be permitted in a <br /> separate bar area of a restaurant when the business operating the <br /> restaurant refrains from designating the area as nonsmoking. A <br /> "separate bar area of a restaurant" means an indoor area of a <br /> restaurant that is in compliance with all of the following: <br /> (i) The area is devoted primarily to the serving of alcoholic <br /> beverages for consumption by patrons in the area. <br /> (ii) On a monthly basis, the gross sales of food to patrons for <br /> consumption in the area are less than one-third of the gross <br /> sales of alcoholic beverages to patrons for consumption in <br /> the area. <br /> (B) Beginning September 1, 2004, a restaurant may continue to <br /> operate a separate bar area, as defined above, provided that: <br /> (i) There is a physical separation (consisting of solid walls with <br /> no door or window opening into the restaurant area) between <br /> the separate bar area and restaurant, <br />