To restaurants as defined in section
8.17.001, places of employment as defined in section
8.17.001, or public places as defined in section
8.17.001 where it is not otherwise prohibited to designate a smoking area. It shall be a requirement for the application of this subsection that the restaurant, public place, or place of employment has designated smoking areas, as defined in section
8.17.001, has complied with all requirements for the establishment of a designated smoking area, as provided in this article, and has petitioned the city for, and been granted, a permit to allow smoking. A proprietor or person in charge of a restaurant, public place or place of employment who desires to permit smoking shall designate an area not to exceed thirty (30) percent of the allowable area as the smoking area. The proprietor or person in charge shall locate the designated smoking area so that nonsmokers shall not have to travel through the smoking area to get to the cashier, a restroom or nonsmoking area. A proprietor or person in charge shall file a petition with the environmental inspection services department demonstrating proof of the percentage of the allowable area designated as a smoking area; the petition shall be filed not later than ninety (90) days after the effective date of this article, and annually thereafter. Prior to July 22, 2004, any new or transferred restaurants, places of employment or public places where it is not otherwise prohibited to designate a smoking area shall be allowed ninety (90) days from the issuance of a certificate of occupancy for a new building or from the date of property transfer to file for a permit to allow smoking. Within three (3) years after the effective date of this article, all restaurants, places of employment, or public places where it is not otherwise prohibited to designate a smoking area must comply with the requirements of this article. During the interim period until the changes described in the definition of “designated smoking area” in section
8.17.001 are completed, but not later than three (3) years after the effective date of this article, the proprietor or person in charge of a facility with an existing or proposed designated smoking area, which has obtained a permit as prescribed herein, shall separate the designated smoking area, where feasible, from a nonsmoking area by a wall or by a minimum of four (4) feet of contiguous floor space. After the three-year period, any smokefree restaurant, place of employment, or public place where it is not otherwise prohibited may elect to designate a smoking area as defined in section
8.17.001, if the facility complies with all requirements, as provided in this article, for the establishment of a designated smoking area and petitions the city for, and is granted, a permit to allow smoking.