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COUNTY OF HAWAII <br />ORDINANCE NO. <br />STATE OF HAWAII <br />BILL NO. 216 <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 />BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: <br />SECTION 1. Chapter 14, article 4, section 14 -21 of the Hawaii County Code 1983 <br />(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 shall be prohibited in all <br />enclosed places within the County, including but not limited to, the following <br />places: <br />(1) Patient rooms, wards, waiting rooms, lobbies, and public hallways of public <br />and private health care facilities, including, but not limited to, hospitals, <br />clinics, and physicians' and dentists' offices. <br />(2) Restaurants and bowling alleys, except as outlined in sections 14- 21(a)(2)(A) <br />and 14- 21(a)(2)(B) below. If a restaurant or bowling alley contains an <br />outdoor, open air or partially enclosed seating area where food and beverages <br />are served, smoking is prohibited in this area of the establishment. <br />(A) Through August 31, 2004, smoking shall be permitted in a separate bar <br />area of a restaurant when the business operating the restaurant refrains <br />from designating the area as nonsmoking. A "separate bar area of a <br />restaurant" means an indoor area of a restaurant that is in compliance <br />with all of the following: <br />(i) The area is devoted primarily to the serving of alcoholic beverages <br />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 sales of <br />alcoholic beverages to patrons for consumption in the area. <br />(B) Beginning September 1, 2004, a restaurant may continue to operate a <br />separate bar area, as defined above, provided that: <br />(i) There is a physical separation (consisting of solid walls with no <br />door or window opening into the restaurant area) between the <br />separate bar area and restaurant; <br />(ii) The entrance into the bar area is totally separate and at least fifteen <br />feet from the entrance into the restaurant; and <br />(iii) The restaurant and separate bar area have separate ventilation <br />systems. <br />