For purposes of this Article, the following definitions shall
apply:
DISTRIBUTE
A conveyance to the public by sale, barter, gift or sample.
MINOR
A person under the age of eighteen (18).
PROOF OF AGE
A driver's license or other generally accepted means of identification
that contains a picture of the individual and appears on its face
to be valid.
ROLLING PAPERS
Paper designed, manufactured, marketed or sold for use primarily
as a wrapping or enclosure for tobacco which enables a person to roll
loose tobacco into a smokeable cigarette.
SAMPLE
A tobacco product distributed to members of the general public
at no cost or at nominal cost for product promotional purposes.
SAMPLING
The distribution to members of the general public of tobacco
product samples.
TOBACCO PRODUCTS
Any substance containing tobacco leaf including, but not
limited to, cigarettes, cigars, pipe tobacco, snuff, chewing tobacco
or dipping tobacco.
VENDING MACHINE
Any mechanical, electric or electronic self-service device
which, upon insertion of money, tokens or any other form of payment,
dispenses tobacco products.
No person shall sell cigarettes or tobacco products unless the
person has a retail sales tax license.
[CC 1999 §18-93; Ord. No. 98-72, 5-27-1998; Ord. No.
2007-48 §1(18-93), 5-14-2007]
A. Restrictions. Except as provided in this Article, the possession
of lighted smoking materials is unlawful in any of the following places
used by or open to the public or serving as a place of work:
1. Any commercial establishment including, but not limited to, retail
stores, banks, office buildings, offices, restaurants and bars;
2. Any public transportation vehicle including, but not limited to,
buses, limousines for hire and taxicabs;
4. Libraries, educational facilities, day care facilities, museums,
auditoriums and art galleries;
5. Any indoor public area of a health care facility, health clinic or
ambulatory care facility including, but not limited to, laboratories
associated with the rendition of health care treatment, hospitals,
rest homes, nursing homes, long-term care facilities and offices of
health professionals;
6. Any indoor place of entertainment or recreation including, but not
limited to, gymnasiums, theaters, concert halls, bingo halls, arenas
and swimming pools;
7. All public areas and waiting rooms of public transportation facilities
including, but not limited to, bus and airport facilities;
8. Any other enclosed areas serving as a place of work or used by the
public including open office landscaping and shopping malls;
9. Rooms in which meetings or hearings open to the public are held,
except where such rooms are in a private residence;
10. Anywhere in any building owned or managed by the City;
11. Within twenty (20) feet of an entrance to any structure in which
smoking is prohibited or limited by this Article. This Subsection
shall not apply to any person in a motor vehicle or to any person
merely passing by an entrance to a structure; and
12. The seating areas and enclosed spaces of any stadium, outdoor arena or athletic field, subject to the provisions of Section
230.010 of this Code.
B. Exemptions. Except as otherwise provided in this Section
the restrictions of this Section shall not apply to:
1. Any outdoor recreational facility or park owned or operated by the City of Chillicothe, subject to Subsection
(A)(12) above; and
2. A private, enclosed office that has a ventilation system that is
not shared with non-smoking offices and that is occupied exclusively
by smokers. This exemption does not apply to offices that are visited
by members of the public or by non-smoking employees of the business.
3. A designated "patio area" of any bar, restaurant or other commercial
establishment having no more than two (2) walls.
C. Designation Of Smoking Areas. Hotels and motels shall designate
non-smoking rooms.
D. Responsibility Of Proprietors.
1. The proprietor or the other person having control of a place governed
by this Article shall prominently post the entrance thereof with "NO
SMOKING" or "SMOKING IN DESIGNATED AREAS ONLY" signs, as applicable,
in letters no less than one (1) inch in height and shall prominently
post "SMOKING" or "NO SMOKING" signs, whichever is appropriate, with
letters of not less than one (1) inch in height or the international
"NO SMOKING" symbol consisting of a pictorial representation of a
burning cigarette enclosed in a red circle with a bar across it in
every place where smoking is regulated by this Article.
2. Every theater owner, manager or operator shall post signs conspicuously
in the lobby stating that smoking is prohibited.
3. Every public portion of grocery stores and food markets is required
to have posted "NO SMOKING" signs at specific locations throughout
each market as follows: signs must be visible to people entering the
market, people at meat and produce counters and people in all checkout
lanes.
4. The proprietor or other person having control of a place set out
in this Article upon observing a person smoking in violation of this
Article shall request that person stop smoking.
E. Penalty. Any person violating, neglecting or refusing to comply with any provision of this Article shall be guilty of an ordinance violation punishable pursuant to Section
100.340 of the Chillicothe Code of Ordinances.