As used in this chapter, the following terms shall have the
meanings indicated:
BAR AND TAVERN
Any establishment, including outdoor seating areas, devoted
to the sale and service of alcoholic beverages for on-premises consumption,
where the service of food is merely incidental to the operation of
the business. Any bar or tavern that generates 40% or more of total
annual gross sales from the sale of food for on-premises consumption
shall be a restaurant.
BUSINESS
Any sole proprietorship, partnership, joint venture, corporation,
or other business entity, whether for profit or not-for-profit, including
retail establishments where goods or services are sold as well as
professional corporations, social agencies, and other entities where
legal, medical, dental, engineering, architectural, or other professional
services are delivered.
DINING AREA
Any indoor or enclosed outdoor area in a restaurant where
people dine.
EMPLOYEE
Any person who is employed by an 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 that employs the services of one
or more individual persons.
PLACE OF EMPLOYMENT
Any indoor area or portion thereof under the control of an
employer in which employees of the employer perform services, and
shall include, but not be limited to, offices, school grounds, retail
stores, banquet facilities, theaters, food stores, banks, financial
institutions, factories, warehouses, employee cafeterias, lounges,
auditoriums, gymnasiums, rest rooms, elevators, hallways, museums,
libraries, bowling establishments, employee medical facilities, rooms
or areas containing photocopying equipment or other office equipment
used in common, and company vehicles.
PRIVATE SOCIAL FUNCTION
Any weddings, parties, testimonial dinners, or other similar
gatherings in which the seating and/or eating 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 indoor or enclosed outdoor area to which the public is
invited or in which the public is permitted, including, but not limited
to, banks, educational facilities, health facilities, laundromats,
public transportation vehicles and facilities, reception areas, restaurants,
retail food production and marketing establishments, retail service
establishments, retail stores, theaters, lobbies, elevators, stairwells,
waiting rooms, spectator facilities, and places of worship. Areas
in a private residence which constitute common areas of a multiple
dwelling are "public places" within the meaning of this regulation,
as well as areas in a private residence where a child-care center,
health care facility or other business open to the public is operated.
RESTAURANT
Any indoor or enclosed outdoor area of a coffee shop, cafeteria,
sandwich shop or private or public school cafeteria, and any other
eating establishment which gives or offers for sale food to the public,
guests or employees, as well as kitchens in which food is prepared
on the premises for serving elsewhere, including catering facilities.
RETAIL TOBACCO BUSINESS
Shall be defined as set forth in Article 13-E of the Public
Health Law of the State of New York.
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
To inhale or exhale the smoke of burning tobacco or tobacco
substitute and also to carry burning tobacco or tobacco substitute
in the form of a cigarette, cigar, or any other smoke-producing product
or device, including pipes.
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 sports pavilion, including, but not limited to,
concourses, gymnasia, health spas, boxing arenas, swimming pools,
roller or ice skating rinks, and other similar places. This term also
applies to places where the general public assembles either to engage
in physical exercise, participate in athletic or recreational activity
or to witness sports, cultural, recreational or similar activities.
All enclosed facilities owned or leased by the County and any
political subdivision of the County shall, without exception, be smoke-free
and subject to the provisions of this chapter.
Smoking shall be prohibited in all indoor or enclosed outdoor
public places within Dutchess County, unless otherwise provided by
this regulation. This regulation shall include, but not be limited
to, restaurants, sports arenas, and spectator facilities.
Hotels and motels shall be required to designate a group of
contiguous bedrooms, at least 50% of all bedrooms, as smoke-free rooms
and shall be required to keep them consistently so. Lobbies, hallways,
meeting rooms, and other common areas shall be smoke-free.
Notwithstanding any other provisions of this regulation to the
contrary, the following shall not be subject to the smoking restrictions
contained in this regulation:
C. Retail tobacco businesses.
D. Private social functions.
E. Nonenclosed outdoor areas, except as provided otherwise by Article
13-E of the New York State Public Health Law.
Notwithstanding any other provision of this chapter, any owner,
operator, manager, or other person who controls any establishment
described in this chapter (hereafter "owner/manager") may declare
that entire establishment as a nonsmoking establishment.
The Dutchess County Board of Health and the County Commissioner
of Behavioral and Community Health shall be responsible for public
education concerning this chapter.
Nothing in this chapter shall be construed to create a cause
of action by one person against another person for violation of any
provision of this chapter.
This chapter shall take effect January 1, 2003.