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SECTION 2. Chapter 14, article 4, section 14-21 of the Hawaii County Code
<br />1983 (2005 Edition, as amended) is amended to read as follows:
<br />"Section 14-21. Prohibition of smoking in certain places.
<br />(a) Except as otherwise provided in this article, smoking or the use of electronic smoking
<br />devices shall be prohibited in all enclosed places within the County, including but not
<br />limited to, the following places:
<br />(1) Patient rooms, wards, waiting rooms, lobbies, and public hallways of public and
<br />private health care facilities, including, but not limited to, hospitals, clinics, and
<br />[physieians'] medical and [dentists'] dental offices.
<br />(2) Restaurants and bowling alleys[,eV eat a „+':ne l ; eetions 14 21(av2)(_n ` and 14
<br />21(a)(2)(R) belovd. If a restaurant or bowling alley contains an outdoor, open air or
<br />partially enclosed seating area where food and beverages are served, smoking is
<br />prohibited in this area of the establishment.
<br />[(A) Thr -o h August 1, 2004, smoking sh ll be permitted : noY +0 bar- area of
<br />r-esta-ufaf4 when the business operating the festaur-ant fe-fif ff em designating
<br />the afea as nonsmoking.` separate bar afea of a restattfa~means an indooi
<br />area of a + t that : in eomplianee with all of the following
<br />(i) --The afea is devated fill to the ser -yin -g of areeholie bevefages
<br />eensumption by patrens ;n the afea
<br />(ii) O a monthly basis the gross ales of food to pa4r-o s for- ea su do ,
<br />the area afe 1ess than one third of the gross ale of alcohol; be„era
<br />ge
<br />natre,+s fer a ratio ;n the area.]
<br />[Beginning September-> >
<br />bar- area, as defined above, pfovided that:
<br />() Thefe is a hys:aal separation (eo s:stin of solid__walls with iv door- „r
<br />window opening into the re,taufant area) between the
<br />separate ba f n e n l
<br />restaurant;
<br />r
<br />!"1 The entre into the bar- totally -ate and at least fifteen feet
<br />4om the e,,tranee into the restaurant; an
<br />("') The Y -est „t and separate bar area l,a,.e s rate ventilation systems.]
<br />(3) Any enclosed or partially enclosed area or building owned, leased, operated, or
<br />maintained by the County, except for residential dwelling units which shall be regulated
<br />herein as multifamily dwellings.
<br />(4) Except as provided in section 14-22, all business and not-for-profit establishments,
<br />including but not limited to, auditoriums, theaters, halls, museums, libraries, galleries,
<br />classrooms, private offices, conference or meeting rooms and all other enclosed
<br />facilities. This also includes common areas, including but not limited to, work areas,
<br />elevators, hallways, cafeterias, employee lounges, stairs, and restrooms.
<br />(5) All enclosed or partially enclosed areas within multifamily dwellings that are open to
<br />the common use of all unit owners or residents, including but not limited to, lobbies,
<br />elevators, restrooms, hallways, corridors, stairways, waiting areas and recreation areas.
<br />(6) All enclosed or partially enclosed areas within commercial buildings not subject to the
<br />exclusive use and possession of a tenant and open to the common use of the tenants of
<br />the building and their employees and customers, including but not limited to, common
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