The following words and phrases, whenever used in this article, shall be construed as defined in this section:
Bar.
An establishment that is devoted to the serving of alcoholic beverages for consumption by guests on the premises and in which the serving of food is only incidental to the consumption of those beverages, including but not limited to, taverns, nightclubs, cocktail lounges, and cabarets.
Business.
A 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.
Cigarette vending machine.
Any self-service device which, upon insertion of coin(s), paper currency, token(s), card(s) or key(s) or any other item(s) dispenses one (1) or more cigarettes, as defined above, provided that the term shall neither be deemed to include any machine that is in storage, in transit or otherwise not set up for use and operation nor be deemed to include any machine that is situated on a train, bus or other public conveyance.
Comedy club.
An establishment that is primarily used for live comedic entertainment.
Employee.
A person who is employed by an employer in consideration, for direct or indirect monetary wages or profit, and a person who volunteers his or her services for a nonprofit entity.
Employer.
A person, business, partnership, association, corporation, including a municipal corporation, trust, or nonprofit entity that employs the services of one (1) or more individual persons.
Enclosed area.
All space between a floor and a ceiling that is bounded on at least two sides by walls, doorways, or windows, whether open or closed. A wall includes any retractable divider, garage door, or other physical barrier, whether temporary or permanent and whether or not containing openings of any kind.
Health care facility.
An office or institution providing care or treatment of diseases, whether physical, mental, or emotional, or other medical, physiological, or psychological conditions, including but not limited to, hospitals, rehabilitation hospitals or other clinics, including weight control clinics, nursing homes, homes for the aging or chronically ill, laboratories, and offices of surgeons, chiropractors, physical therapists, physicians, dentists, and all specialists within these professions. This definition shall include all waiting rooms, hallways, private rooms, semiprivate rooms, and wards within health care facilities.
Park.
Includes neighborhood/community/large urban/natural area and greenways/sports complex parks that are the basic unit of a park system and are recreational and social centers for those living in the nearby service area or from several neighborhoods and possibly may serve a broader community-based recreation need. Parks include areas that preserve unique landscapes and open spaces and include features that emphasize harmony with the natural environment. Parks include areas that accommodate group activities and recreational facilities, consolidated programmed athletic fields, and their associated facilities.
Place of employment.
An area under the control of a public or private employer that employees normally frequent during the course of employment, including, but not limited to, work areas, employee lounges, restrooms, conference rooms, meeting rooms, classrooms, employee cafeterias, hallways, and vehicles. A private residence is not a “place of employment” unless it is used as a child care, adult day-care, or health care facility.
Private club.
An organization, whether incorporated or not, which:
(1) 
Is the owner, lessee, or occupant of a building or portion thereof used exclusively for club purposes at all times;
(2) 
Is operated solely for a fraternal purpose but not for pecuniary gain;
(3) 
Only sells alcoholic beverages incidental to its operation;
(4) 
Conducts its affairs and management through a board of directors, executive committee, or similar body chosen by the members at an annual meeting;
(5) 
Has established bylaws or a constitution to govern its activities; and
(6) 
Has been granted an exemption from the payment of federal income tax as a club under 26 U.S.C. section 501.
Public place.
An enclosed area to which the public is invited or in which the public is permitted, including but not limited to, banks, bars, bingo facilities, educational facilities, gaming facilities, health care facilities, hotels and motels, laundromats, public transportation facilities, reception areas, restaurants, retail food production and marketing establishments, retail service establishments, retail stores, shopping malls, sports arenas, theaters, and waiting rooms. A private residence is not a “public place” unless it is used as a child care, adult day-care, or health care facility.
Restaurant.
An eating establishment, including but not limited to, coffee shops, cafeterias, sandwich stands, and private and public school cafeterias, which gives or offers for sale food to the public, guests, or employees, as well as kitchens and catering facilities in which food is prepared on the premises for serving elsewhere. The term “restaurant” shall include a bar area within the restaurant.
Retail tobacco store.
A retail store utilized primarily for the sale of tobacco products, smoking implements, or smoking accessories for on-premises consumption and in which the sale of other products is merely incidental, which shall include but not be limited to hookah lounges, cigar bars and humidors. In this definition, “primarily” means that the sale of tobacco products, smoking implements or smoking accessories shall be at least 65% of the total sales revenues.
Shopping mall.
An enclosed public walkway or hall area that serves to connect retail or professional establishments.
Smoke.
The gases, particles or vapors released into the air as a result of combustion, electrical ignition or vaporization, including from an electronic smoking device, when the purpose of the combustion, electrical ignition or vaporization is human inhalation of the gases, particles or vapors. Smoke does not mean the combustion of material solely for olfactory purposes that does not contain any tobacco or nicotine.
Smoking.
Inhaling, exhaling, burning, or carrying any lighted or heated cigar, cigarette, including electronic cigarette, pipe, or any other lighted or heated tobacco, nicotine or plant product intended for inhalation, in any manner or in any form, including vaping.
Sports arena.
Sports pavilions, stadiums, gymnasiums, health spas, boxing arenas, swimming pools, roller and ice rinks, bowling alleys, and other similar places where members of the general public assemble to engage in physical exercise, participate in athletic competition, or witness sports or other events.
(Ordinance 17-03 adopted 2/14/17)
Smoking shall be prohibited in all enclosed public places within the city, including but not limited to, the following places:
(1) 
Aquariums, galleries, libraries, and museums;
(2) 
Areas available to and customarily used by the general public in businesses and nonprofit entities patronized by the public, including but not limited to, professional offices, banks, laundromats, hotels, and motels;
(3) 
Bars;
(4) 
Billiard halls;
(5) 
Bingo facilities;
(6) 
Comedy clubs;
(7) 
Convention/civic center facilities;
(8) 
Elevators;
(9) 
Facilities primarily used for exhibiting a motion picture, stage, drama, lecture, musical recital, or other similar performance;
(10) 
Gaming facilities;
(11) 
Health care facilities;
(12) 
Childcare and adult day-care facilities;
(13) 
Lobbies, hallways, and other common areas in apartment buildings, condominiums, trailer parks, retirement facilities, nursing homes, and other multiple-unit residential facilities;
(14) 
Polling places;
(15) 
Public transportation facilities, including buses and taxicabs, and ticket, boarding, and waiting areas of public transit depots;
(16) 
Restaurants;
(17) 
Restrooms, lobbies, reception areas, hallways, and other common-use areas;
(18) 
Retail stores;
(19) 
Rooms, chambers, places of meeting or public assembly, including school buildings, under the control of an agency, board, commission, committee or council of the city or a political subdivision of the state when a public meeting is in progress, to the extent the place is subject to the jurisdiction of the city;
(20) 
Shopping malls; and
(21) 
Sports arenas, including enclosed areas in outdoor arenas.
(Ordinance 17-03 adopted 2/14/17)
(a) 
Smoking shall be prohibited in all enclosed areas within places of employment. This includes common work areas, auditoriums, classrooms, conference and meeting rooms, elevators, hallways, medical facilities, cafeterias, employee lounges, stairs, restrooms, and all other enclosed areas.
(b) 
This prohibition on smoking shall be communicated by employers to all existing employees by effective date of this article, and to all prospective employees upon their application for employment.
(Ordinance 17-03 adopted 2/14/17)
(a) 
Distribution, display, and sale.
Distribution, display, and sale of smoking tobacco products or smoking paraphernalia on any public right-of-way, city park or any city-owned building or facility is hereby prohibited.
(b) 
Cigarette vending machines.
(1) 
Subject to the defenses provided in subsection (2) below, it shall be unlawful for any business owner, manager and employee in control of cigarette vending machines within the city to intentionally, knowingly, recklessly, or with criminal negligence allow the display or use of any cigarette vending machine upon any property within the city.
(2) 
It is a defense to prosecution under the provisions of this subsection (b) that:
(A) 
The cigarette vending machine is situated in a premises where entry by any person under eighteen (18) years of age is prohibited by law; or
(B) 
The cigarette vending machine is located in a workplace with the permission of the employer, provided that the employer has no persons under the age of eighteen (18) years employed at the workplace, and further provided that the cigarette vending machine is situated at a location within the workplace to which persons other than those employed at the workplace are not permitted to have access.
(c) 
Penalty.
A violation of this section is hereby declared to be a misdemeanor crime, and upon conviction, shall be punishable by a fine of not more than two thousand dollars ($2,000.00).
(Ordinance 17-03 adopted 2/14/17)
Smoking shall be prohibited in the following outdoor places:
(1) 
Within a reasonable distance of twenty-five (25) feet outside entrances, operable windows and ventilation system of enclosed areas, where smoking is prohibited so as to ensure tobacco smoke does not enter those areas;
(2) 
Zoo facilities and grounds;
(3) 
In, and within twenty-five (25) feet of, all outdoor sports arenas, stadiums, and amphitheaters;
(4) 
In, and within twenty-five (25) feet of, all outdoor public transportation stations, platforms, and shelters under the authority of the city;
(5) 
In, and within twenty-five (25) feet of, all pavilions and playgrounds located within city-owned parks;
(6) 
In, and within twenty-five (25) feet of the library courtyard.
(Ordinance 17-03 adopted 2/14/17)
Notwithstanding any other provision of this article to the contrary, the following areas shall be exempt from this article:
(1) 
Hotel and motel rooms that are rented to guests and are designated as smoking rooms; provided, however, that not more than twenty-five (25) percent of rooms rented to guests in a hotel or motel may be so designated;
(2) 
Outdoor areas except those listed specifically in the provisions in section 6.02.006;
(3) 
Outdoor seating areas of restaurants and bars designated as smoking areas in accordance with subsection 70-57(d) [section 6.02.010(d)];
(4) 
Private clubs in existence as of the effective date of this article, and as defined in section 6.02.001, including Veterans of Foreign War (VFW) posts;
(5) 
Private residences, except if used as a child care, adult day-care, or health care facility;
(6) 
Retail tobacco stores; provided, however, that smoke from these places does not infiltrate into areas where smoking is prohibited under the provisions of this article; and
(7) 
Tobacco product manufacturing facilities.
(Ordinance 17-03 adopted 2/14/17)
Notwithstanding any other provision of this article, persons under the age of eighteen (18) years may be admitted in establishments, facilities or other areas that allow smoking in accordance with the provisions of this article if such persons are accompanied by their parent or legal guardian.
(Ordinance 17-03 adopted 2/14/17)
Notwithstanding any other provision of this article, an owner, operator, manager, or other person in control of an establishment, facility, or outdoor area may declare that entire establishment, facility, or outdoor area as a nonsmoking place. Smoking shall be prohibited in any place in which a sign conforming to the requirements of section 6.02.010(a) and (b) of this article is posted.
(Ordinance 17-03 adopted 2/14/17)
(a) 
“No smoking” signs or 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 clearly and conspicuously posted in every public place and place of employment where smoking is prohibited by this article, by the owner, operator, manager, or other person in control of that place.
(b) 
Every public place and place of employment where smoking is prohibited by this article shall have posted at every entrance a conspicuous sign clearly stating that smoking is prohibited.
(c) 
All ashtrays and other smoking paraphernalia shall be removed from any area where smoking is prohibited by this article by the owner, operator, manager, or other person having control of the area.
(d) 
Areas which are exempt from the provisions of this article shall post a standard sign at each entrance, to be designated by the city informing potential patrons that the area allows smoking, and warning patrons of the negative health effects associated with secondhand smoke.
(e) 
The city will provide the signs required under subsection (d) to the owners or operators required to comply with subsection (d) at a reasonable and appropriate cost.
(Ordinance 17-03 adopted 2/14/17)
No person or employer shall discharge, refuse to hire, or in any manner retaliate against an employee, applicant for employment, or customer because that employee, applicant, or customer exercises any rights afforded by this article or reports or attempts to prosecute a violation of this article.
(Ordinance 17-03 adopted 2/14/17)
(a) 
The police department, fire department and code compliance division, in addition to any authority having jurisdiction to enforce city ordinances, shall have authority to enforce the provisions of this article.
(b) 
Any citizen who desires to register a complaint under this article may initiate enforcement with the police department.
(c) 
The police department, fire department and code compliance division, or their designees shall, while an establishment is undergoing otherwise mandated inspections, inspect for compliance with this article.
(d) 
An owner, manager, operator, or employee of an establishment regulated by this article shall inform persons violating this article of the appropriate provisions thereof.
(e) 
Notwithstanding any other provision of this article, an employee or private citizen may bring legal action to enforce this article.
(f) 
In addition to the remedies provided by the provisions of this section, the police department, fire department, code compliance division, or their designees, or any person aggrieved by the failure of the owner, operator, manager, or other person in control of a public place or a place of employment to comply with the provisions of this article may apply for injunctive relief to enforce those provisions in any court of competent jurisdiction.
(Ordinance 17-03 adopted 2/14/17)
Any person, firm, corporation, agent, employer or employee who intentionally, knowingly, recklessly or with criminal negligence violates any provision of this article shall, upon conviction, be fined an amount not more than two hundred dollars ($200.00); provided, however, that in the event a defendant has previously been convicted under this article, such defendant shall be fined an amount not more than five hundred dollars ($500.00) for a second conviction hereunder, and shall be fined an amount not more than two thousand dollars ($2,000.00) for a third conviction hereunder and for each conviction thereafter. Each day that a violation is committed or permitted to exist shall constitute a separate offense.
(Ordinance 17-03 adopted 2/14/17)
A reasonable fee to cover staff costs associated with inspections and program expenses may be charged by the city to the owner or operator of a restaurant in order to establish that outdoor seating areas of restaurants or bars designated as smoking areas are so designated in accordance with this article.
(Ordinance 17-03 adopted 2/14/17)
The city manager shall annually request other governmental and educational agencies having facilities within the city to establish local operating procedures in cooperation and compliance with this article. This includes urging all federal, state, county and school district agencies to update their existing smoking control regulations to be consistent with the current health findings regarding secondhand smoke.
(Ordinance 17-03 adopted 2/14/17)
This chapter shall not be interpreted or construed to permit smoking where it is otherwise restricted by other applicable laws.
(Ordinance 17-03 adopted 2/14/17)