HomeMy WebLinkAboutCOM 0013.227 2002-2004 i,3) Any financial institution;
(4) Any industrial, commercial or wholesale establishment;
t5) Any utility;
(6) Any retail establishment where goods or services are sold, leased or otherwise provided to the
public or to another business;
(7) Any bar within an enclosed or partially enclosed food court; or
(8) Any restaurant; except that smoking shall be permitted in a restaurant as follows:
(A) Smoking shall be permitted in a separate open air area of a restaurant when the business
operating the restaurant refrains from designating the area as nonsmoking pursuant to subsection (h).
(B) Until June 30, 2003, 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 pursuant to
subsection (h). 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;
(ii) On a monthly basis, the gross sales of food to patrons for consumption in the area are less
~ than one-third of the gross sales of alcoholic beverages to patrons for consumption in the area;
(iii) 'Che area is separately ventilated from any dining area of the restaurant; and
(iv) The area is totally separated from any dining area of the restaurant by a tloor to ceiling
solid wall (A) without any opening or (B) with a closable doorway that stays closed except when a
person passes through, but no other opening. The solid wall may have an unopenable plate glass
window.
From July 1, 2003, this paragraph (B) shall be invalid and smoking shall be prohibited
- - - in any separate bar area of a restauraut.
(g) Rest rooms. Any rest room open to the public in places specified in this section.
(h) Notwithstanding Section a1-21.3, any area of any bar, hotel room, restaurant, or governmental
property which has been designated by the owner, operator, manager or other persons having control
of such property as a nonsmoking area and marked with a "no smoking" sign or signs.
(i) All enclosed or partially enclosed areas within multifamily dwellings that are open to the common
use of all trait owners or residents, including but not limited to lobbies, hallways, corridors, stairways,
waiting areas, and recreation aresas within multifamily dwellings. For purposes of this subsection,
"enclosed or partially enclosed areas" means areas closed in by a roof or overhang and at least one
wall. An area commonly described as a lobby or roofed mall shall be deemed enclosed or partially
enclosed for purposes of this subsection.
(j) All enclosed or partially enclosed areas within commercial buildings not subject to the exclusive
use and possession of a tenant and open to the common use of the tenants of the building and their
employees and customers, including but not limited to common entrance areas, lobbies, malls, food
court seating ~u'eas, hallways, corridors, escalators, stairways, and waiting or rest areas within
commercial buildings. For purposes of this subsection, an enclosed or partially enclosed area is any
area for human occupancy that is contained on two or more sides by walls and is covered by a roof,
ceiling, or overhang, such that the ~'ea of all permanent openings from the space to the open au' is less
than 50 percent of the combined areas of the walls and ceiling, roof, or overhang. If a wall does not
meet the t7oor or the ceiling, root or overhang, the calculation shall be based on the vertical projection
of the wall to the plane of the floor or the plane of the ceiling, roof or overhang. Permanent openings
shall not include doors or windows which are capable of being closed,
(k) In the event that a building is both a multifamily dwelling and a commercial building as defined
in this article, all areas except for private residences.
(1) All vehicles owned or leased by the city.
(m) All areas within the follow~ng parks, recreation areas or facilities under the maintenance oft e
Ceram, No,
Ref. To, pp
Ref. Date tr,j