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HomeMy WebLinkAboutBIL 216 Draft 01 2008-2010COUNTY OF HAWAII ORDINANCE NO. STATE OF HAWAII BILL NO. 216 AN ORDINANCE AMENDING CHAPTER 14, ARTICLE 4, SECTION 14 -21 OF THE HAWAII COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO PROHIBITION OF SMOKING IN CERTAIN PLACES. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Chapter 14, article 4, section 14 -21 of the Hawaii County Code 1983 (2005 Edition, as amended) is amended 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, lobbies, 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)(B) 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. (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. (B) Beginning September 1, 2004, a restaurant may continue to operate a separate bar area, as defined above, provided that: (i) There is a physical separation (consisting of solid walls with no door or window opening into the restaurant area) between the separate bar area and restaurant; (ii) The entrance into the bar area is totally separate and at least fifteen feet from the entrance into the restaurant; and (iii) The restaurant and separate bar area have separate ventilation systems. (3) Any enclosed or partially enclosed area or building owned, leased, operated, or maintained by the County, except for residential dwelling units which shall be regulated herein as multifamily dwellings. (4) Except as provided in section 14 -22, all business and not - for - profit establishments, including but not limited to, auditoriums, theaters, halls, museums, libraries, galleries, classrooms, private offices, conference or meeting rooms and all other enclosed facilities. This also includes common areas, including but not limited to, work areas, elevators, hallways, cafeterias, employee lounges, stairs, and restrooms. (5) All enclosed or partially enclosed areas within multifamily dwellings that are open to the common use of all unit owners or residents, including but not limited to, lobbies, elevators, restrooms, hallways, corridors, stairways, waiting areas and recreation areas. (6) 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, restrooms, lobbies, elevators, malls, hallways, corridors, escalators, stairways, and waiting or rest areas within commercial buildings. (7) In the event a building is both -a multifamily dwelling and a commercial building, as defined in this article, all common use areas except for private residences. (8) All enclosed or partially enclosed areas within hotels that are open to the common use of the public, hotel guests, or hotel employees, including but not limited to, restrooms, lobbies, elevators, hallways, corridors, stairways, waiting areas, recreation areas, banquet halls, banquet rooms, and ballrooms. (9) In the event a building is both a commercial building and a hotel, all common use areas except for hotel rooms rented to guests and designated as smoking rooms. (10) All vehicles owned or leased by the County. (11) Taxicabs. (12) In any motor vehicle, whenever occupied by a person less than eighteen years of age. [(12)](13) Private residences, during hours of operation, when used as a licensed child care, adult day care or health care facility, except in residences where the care facility is physically detached from the residence or is separated from the owner's area. [(13)](14) Smoking is prohibited, pursuant to HRS 328J -6, within a presumptively reasonable minimum distance of twenty feet from any entrance to, exit from, or any fresh air intake of any enclosed area where smoking is prohibited to insure that tobacco smoke does not enter the enclosed area through entrances, windows, ventilation systems, or other means. [(3- 4)](15) Areas within private residences, during hours of operation, that are used for the care of patients or clients in licensed residential care homes, except in residences where the care facility is physically detached from the residence or is completely separated by a solid wall with no other openings except closable doors or windows, which shall remain closed during hours of operation from the owner's area where clients or patients are not allowed. (b) Except as otherwise provided in this article, smoking of cigarettes or tobacco products, or use of any tobacco products shall be prohibited at all County parks and recreational facilities listed in section 15- 68.1." SECTION 2. Material to be repealed is bracketed and stricken through. Material to be added is underscored. In printing this ordinance, the brackets, bracketed and stricken material, and underscoring need not be included. SECTION 3. Severability. If any provision of this ordinance or the application thereof to any person or circumstance, is held invalid, the invalidity shall not affect other provisions or applications of this ordinance which can be given effect without the invalid provision or application, and to this end, the provision of this ordinance are declared to be severable. SECTION 4. This ordinance shall take effect ninety days after approval. , Hawai'i Date of Introduction: Date of 1" Reading: Date of 2nd Reading: Effective Date: REFERENCE( Coma. 732 INTRODUCED BY: g COUNCIL • EMBER, COUNTY OF HAWAI I 3