This article shall be known as "Regulation of
Smoking in Public Places and Worksites."
The following words and phrases, whenever used
in this article, shall be construed as defined in this section:
BAR or TAVERN
A business establishment that is devoted to the selling and
serving of alcoholic beverages for consumption by patrons on the premises
and in which the service of food is incidental to the business of
the facility. Service of food shall be considered incidental if the
food service generates less than 40% of total annual gross sales.
BUSINESS
Any sole proprietorship, partnership, joint venture, corporation
or other business entity formed for profit-making purposes, including
retail establishments where goods or services are sold as well as
professional corporations and other entities where legal, medical,
dental, engineering, architectural or other professional services
are delivered.
EMPLOYEE
Any person who is employed by any employer for direct or
indirect monetary wages or profit and any person who volunteers his
or her services for a nonprofit entity.
EMPLOYER
Any person, partnership, corporation, including a municipal
corporation, or nonprofit entity who employs the services of one or
more individual persons.
FOOD
Any edible substance, ice, beverage (excluding alcohol) or
ingredient used or intended for use or for sale in whole or in part
for human consumption.
MULTIPLE-UNIT RESIDENCE
Any facility containing more than one residence unit where
common space or facilities are present for use by the residents or
the general public.
PLACE OF EMPLOYMENT
Any enclosed area under the control of a public or private
employer which employees normally frequent during the course of employment,
including but not limited to work areas, employee lounges and restrooms,
conference rooms and classrooms, employee cafeterias, hallways, garages
and indoor loading docks. A private residence is not a place of employment
unless it is used as a child-care or health-care facility.
PRIVATE SOCIAL FUNCTION
Any weddings, parties, testimonial dinners or other similar
gatherings in which the seating arrangements are under the control
of the organizer or sponsor of the event and not the person who owns,
manages, operates or otherwise controls the use of the place in which
the function is held.
PUBLIC PLACE
Any area to which the public is invited or in which the public
is permitted, including but not limited to banks, educational facilities,
correctional facilities, health facilities, bingo halls, indoor recreational
facilities, laundromats, public transportation facilities, reception
areas, restaurants, bars, retail food production and marketing establishments,
malls, retail service establishments, retail stores, showrooms, theaters,
waiting rooms and places of worship. A private residence is not a
public place within the meaning of this article, except that areas
in a private residence where a child-care center, health-care facility
or other business (open to the public) is operated during the times
of operation and areas in a private residence which constitute common
areas of a multiple-unit residence are public places within the meaning
of this article.
RESTAURANT
Any coffee shop, cafeteria, sandwich shop, private or public
school cafeteria and any other eating establishment which gives or
offers food for sale to the public, guests, members or employees,
as well as kitchens in which food is prepared on the premises for
serving elsewhere, including catering facilities.
RESTAURANT BAR AREA
A contiguous area of a restaurant, containing a counter,
which is primarily devoted to the selling and serving of alcoholic
beverages. This area shall include seating that is immediately contiguous
to the bar if the bar area is separated from the remaining seating
area by a permanent partition or is on a separate floor.
RESTAURANT DINING AREA
The area(s) of a restaurant which are primarily devoted to
the serving and consumption of food.
RETAIL TOBACCO BUSINESS
A sole proprietorship, corporation, partnership or other
enterprise in which the primary activity is the sale, manufacture
or promotion of tobacco, tobacco products and accessories either at
wholesale or retail and in which the sale, manufacture or promotion
of other products generates less than 10% of total annual gross sales.
SEPARATE SMOKING ROOM
A room provided for smoking by the public in a public area
of an indoor facility or for employees in a private facility. It must
be served by a properly operating and properly maintained separate
ventilation system, exhausted to the outside of the building in such
a way as to prevent the reintroduction of smoke into the building,
and it must be negatively pressurized or provided with doors which
are self-closing or otherwise constructed in such a way as to prevent
the escape of tobacco smoke to the smoke-free areas of the facility.
A separate smoking room shall not comprise more than 25% of the total
area open to the public in a public facility or of the employees in
a private facility.
SERVICE LINE
Any indoor line at which one or more persons are waiting
for or receiving service of any kind, whether or not such service
involves the exchange of money.
SMOKING
Inhaling of, exhaling of, burning of or carrying of any lighted
cigar, cigarette, weed or other plant in any manner or in any form.
SPECTATOR FACILITIES
Any indoor or outdoor facility where members of the general
public assemble to view and/or participate in scheduled events involving
competitions, exhibitions, entertainment productions, trade shows,
conventions or other events established for common purposes.
SPORTS ARENA
Any indoor or outdoor stadium, sports pavilions, gymnasiums,
health spas, boxing arenas, swimming pools, roller and ice rinks,
billiard parlors and other similar places where members of the general
public assemble either to engage in physical exercise, participate
in athletic competition or witness sports events.
All enclosed facilities owned or leased by the
County of Monroe shall be subject to the provisions of this article.
Notwithstanding any other provision of this
article, any owner, operator, manager or other person who controls
any establishment described in this article may declare that entire
establishment as a nonsmoking establishment.
The person in charge of a facility shall also
be responsible to:
A. Provide ashtrays and smoking receptacles where smoking
is permitted by this article and maintain locations where smoking
is prohibited free of ashtrays or smoking receptacles.
B. Enforce this article by requesting compliance from
patrons verbally or by presenting a nonsmoking card and by prohibiting
employees from smoking, except in separate smoking rooms.
C. Develop and implement a plan of compliance, upon request,
that is acceptable to the Monroe County Department of Health and which
specifies areas where smoking is prohibited, and where smoking is
permitted, if any. The plan must include the manner in which this
information is conveyed to the public and all employees. The plan
shall be available for inspection by the Director of Health or the
Director's designees and shall be provided to the Monroe County Department
of Health upon request.
SMOKING IS PROHIBITED, or NO SMOKING signs,
using the international "NO SMOKING" symbol, consisting of a pictorial
representation of a burning cigarette enclosed in a red circle with
a red bar across it, shall be prominently and conspicuously posted
in every place where smoking is regulated by this article. These signs
shall be posted by the owner, operator, manager or other person having
control of such place. SMOKING PERMITTED signs shall be posted where
the conditions established in this article have been met. Such signs
shall be conspicuously posted at doors and entranceways to all facilities
where smoking is permitted anywhere within the facility and at the
entrances to the areas within these facilities where smoking is to
be permitted. All signs shall be protected from tampering, damage,
removal or concealment.
This article shall not be interpreted or construed
to permit smoking where it is otherwise restricted by other applicable
laws.
If any provision, clause, sentence or paragraph
of this article or the application thereof to any person or circumstances
shall be held invalid, such invalidity shall not affect the other
provisions of this article which can be given effect without the valid
provision or application, and to this end the provisions of this article
are declared to be severable.
This article shall take effect on January 1,
1998.