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/ /` v o x� COUNTY OF HAWAII ;.t* ' STATE OF HAWAII so 3 JILL NO. 216 ORDINANCE NO. 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 Hawai`i 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.