The following words, terms and phrases, when used in this division,
have the meanings ascribed to them in this section, except where the
context clearly indicates a different meaning:
Bar.
An area which is devoted to the serving of alcoholic beverages
for consumption by patrons on the premises and in which the serving
of food is only incidental to the consumption of such beverages. Although
a restaurant may contain a bar, the term “bar” shall not
include the restaurant dining area.
Business.
Any sole proprietorship, 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.
Child care facility.
Any licensed nursery, day-care center, preschool, or other
facility engaged in the practice of providing care for children.
Health care facility.
Any office or institution providing individual care or treatment
of diseases, whether physical, mental or emotional, or other medical,
physiological or psychological conditions.
Person.
Any individual, partnership, cooperative association, private
corporation, personal representative, receiver, trustee, assignee,
or any other legal entity.
Public building.
The indoor and outdoor areas of any facility owned or operated
by the Town, not generally accessible by the public, including but
not limited to:
(1)
The Town Hall and Library facilities, 4700 Drexel Drive;
(2)
The Department of Public Safety facilities, 4700–4710
Drexel Drive;
(3)
The Gillon Pump Station facility, 3400 Gillon Avenue;
(4)
The Town Service Center facility, 5005 Holland Avenue; and
(5)
The Town Swimming Pool facility, 3801 Lexington Avenue.
Public place.
Any enclosed area to which the public is invited or in which
the public is permitted, not including the offices or work areas not
entered by the public in the normal course of business or use of the
premises. A private residence is not a public place.
Restaurant.
Any enclosed area used as a coffee shop, cafeteria, sandwich
stand, private and public school cafeteria, and any other eating establishment
which gives or offers for sale food to the public, guests, or employees.
Retail store.
Any sole proprietorship, partnership, joint venture, corporation
or other business entity where goods or services are sold or offered
for sale.
Retail tobacco store.
Any retail store utilized primarily for the sale of tobacco
products and accessories and in which the sale of other products is
merely incidental.
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.
The inhaling, exhaling, burning or carrying of any lighted
cigar, cigarette, or other combustible tobacco product in any manner
or in any form.
Sports arena.
Any enclosed or unenclosed sports pavilion, gymnasium, health
spa, swimming pool, and other similar public place where members of
the general public assemble either to engage in physical exercise,
participate in athletic competition, or witness sports events.
Theater.
Any indoor facility primarily used for the exhibition of
any motion picture, stage drama, musical recital, dance, lecture or
other similar performance. A private residence is not a “theater.”
(Ordinance 1685, sec. 2, adopted 3/26/07)
Except as otherwise provided, smoking shall be prohibited in
the following places:
(2) Public
forms of transportation, including, but not limited to, buses, vans
and taxicabs.
(3) Public
buildings and public restrooms.
(6) Public
areas of galleries, libraries and museums.
(11) Waiting rooms, hallways, wards, and rooms of health care facilities,
including, but not limited to: hospitals; clinics; physical therapy,
mental health and drug and alcohol treatment facilities; and doctors’
and dentists’ offices.
(12) Lobbies, hallways, and other common areas (excluding underground
parking facilities) in apartment buildings, condominiums, senior citizen
residences, nursing homes, and other multiple-unit residential facilities.
(13) Lobbies, hallways, and other common areas (excluding underground
parking facilities) in multiple-unit commercial facilities.
(14) Any school or educational institution operated by a business or nonprofit
entity for the purpose of providing academic classroom instruction,
trade, craft, computer or other technical training, or instruction
in dancing, artistic, musical or other cultural activities.
(15) Notwithstanding any other provisions of this section, any owner,
operator, manager, or other person who controls any establishment
or facility may declare that entire establishment or facility as a
nonsmoking establishment or facility.
(Ordinance 1685, sec. 3, adopted 3/26/07)
(a) Smoking is prohibited in indoor restaurants, except as set forth in subsection
(b) below.
(b) The
prohibition set forth above shall not apply to any room or bar of
a restaurant which is separately enclosed, provided that said room
or bar provides a mechanical ventilation system that is separate and
apart from the mechanical ventilation system for the remainder of
the building.
(Ordinance 1685, sec. 4, adopted 3/26/07)
Notwithstanding any other provisions of this division to the
contrary, the following areas shall not be subject to the smoking
restrictions of this division:
(4) Private
clubs and recreation facilities.
(5) Private
conference and meeting rooms in a hotel or motel while these places
are being used exclusively for private functions, provided that in
said room there is a mechanical ventilation system that is separate
and apart from the mechanical ventilation system for the remainder
of the building.
(6) A
maximum of forty percent (40%) of hotel and motel rooms, provided
that said rooms have a mechanical ventilation system that is separate
and apart from the mechanical ventilation system for the remainder
of the building. Each hotel and motel shall designate not less than
sixty percent (60%) of their hotel or motel rooms as nonsmoking rooms.
The hotel or motel rooms designated as nonsmoking rooms will have
signs posted indicating that smoking is prohibited in such rooms and
ashtrays removed.
(Ordinance 1685, sec. 5, adopted 3/26/07)
(a) Any
person who owns, manages, operates or otherwise controls the use of
any premises subject to this division has the responsibility to post
properly and to maintain signs required by this division.
(b) “Smoking”
or “No Smoking” signs, whichever are appropriate, or the
international “No Smoking” symbol (a picture of a burning
cigarette inside a red circle with a red bar across it) shall be clearly
and conspicuously posted by the owner, operator, manager, employer
or other person in control in every place where smoking is controlled
by this division.
(c) Any owner, manager, operator or employer of any establishment controlled by this division shall, upon either observing or being advised of a violation of section
6.04.032, have the obligation to inform the violator of the appropriate requirements of this law and then request immediate compliance.
(Ordinance 1685, sec. 6, adopted 3/26/07)
The Town shall require, while an establishment is undergoing
otherwise mandated inspections, that the owner, manager, operator
or other person having control of such establishment demonstrate that
all requirements of this division have been met.
(Ordinance 1685, sec. 7, adopted 3/26/07)
(a) It
shall be unlawful for any person who owns, manages, operates, or otherwise
controls the use of any premises subject to regulation under this
division to fail to comply with any of its provisions.
(b) It
shall be unlawful for any person to smoke in any area where smoking
is prohibited under this division.
(c) Any person violating any of the provisions of this division shall be deemed guilty of a misdemeanor, and upon conviction thereof may be fined as provided in section
1.01.009 of this code.
(d) Each
day a violation shall continue shall constitute a separate offense.
(Ordinance 1685, sec. 8, adopted 3/26/07)