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COUNTY OF HAWAII STATE OF HAWAII BILL NO. 365 Draft 2 ORDINANCE NO. 07 4 AN ORDINANCE AMENDING CHAPTER 14, ARTICLE 4, HAWAII COUNTY CODE 1983 (2005 EDITION), RELATING TO SMOKING IN CERTAIN PLACES IN THE COUNTY OF HAWAII. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Chapter 14, Article 4, Section 14 -20, Hawaii County Code 1983 (2005 Edition) is amended by adding the following new definitions to be appropriately designated and to read as follows: "( ) "Cigarette" means any roll for smoking made wholly or in part of tobacco, irrespective of size and shape and whether or not the tobacco is flavored, adulterated, or mixed with any other ingredient the wrapper or cover of which is made of paper or any other substance or material except tobacco. ( ) "Tobacco product" means tobacco in any form including cigarettes." SECTION 2. Chapter 14, Article 4, Section 14 -21, Hawaii County Code 1983 (2005 Edition) is amended by adding a new subsection to be appropriately designated and to read as follows: "Section 14 -21. Prohibition of smoking in certain places. (a) Except as otherwise provided in this article, smoking shall be prohibited in all enclosed places within the County, including but not limited to, the following places: (1) Patient rooms, wards, waiting rooms, Iebbies, and public hallways of public and private health care facilities, including, but not limited to, hospitals, clinics, and physicians' and dentists' offices. (2) Restaurants and bowling alleys, except as outlined in sections 14- 21(a)(2)(A) and 14- 21(a)(2)(13) below. If a restaurant or bowling alley contains an outdoor, open air or partially enclosed seating area where food and beverages are served, smoking is prohibited in this area of the establishment. (A) Through August 31, 2004, smoking shall be permitted in a separate bar area of a restaurant when the business operating the restaurant refrains from designating the area as nonsmoking. A "separate bar area of a restaurant" means an indoor area of a restaurant that is in compliance with all of the following: (i) The area is devoted primarily to the serving of alcoholic beverages for consumption by patrons in the area.