As used in this article, the following terms shall have the
respective meanings ascribed to them:
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. A
private residence is not a child-care facility, except during those
hours and in those portions of the residence when it is being used
as a business for the purpose 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.
Place of employment.
Any enclosed area under the control of a public or private
employer which employees normally frequent during the course of employment,
including, but not limited to, work areas, employee lounges and restrooms,
conference rooms and classrooms, employee cafeterias and hallways.
A private residence is not a “place of employment” unless
it is used as a child-care or health-care facility as defined herein.
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 coffeeshop, 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, except that
the term “restaurant” shall not include a cocktail lounge
or tavern if such cocktail lounge or tavern is a “bar”
as defined herein.
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, roller or ice rink, bowling alley 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.
(1990 Code, sec. 5.1701)
(a) 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.
(6) Public areas of galleries, libraries and museums when open to the
public.
(8) Sports arenas and convention halls.
(11) Within 15 feet of any entrance of a public place through which the
public can gain initial access to the facility.
(12) Every room, chamber, place of meeting or public assembly, including
school buildings under the control of any board, council, commission,
committee, including joint committees, or agencies of the city or
any political subdivision of the state during such time as a public
meeting is in progress, to the extent such place is subject to the
jurisdiction of the city.
(13) 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.
(14) Lobbies, hallways, and other common areas in apartment buildings,
condominiums, senior citizen residences, nursing homes, and other
multiple-unit residential facilities.
(15) Lobbies, hallways, and other common areas in multiple-unit commercial
facilities.
(16) 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.
(17) Any designated seating area of any public outdoor athletic facility.
(18) Within the boundaries of any property owned, leased, or operated
by the Hunt Memorial Hospital District.
(b) 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.
(1990 Code, sec. 5.1702; Ordinance 08-134 adopted 12/9/08)
(a) Each employer having an enclosed place of employment located within
the city shall adopt, implement, make known and maintain a written
smoking policy which shall contain at a minimum the following provisions:
(1) Prohibition of smoking in employer conference and meeting rooms,
classrooms, auditoriums, restrooms, waiting areas, hallways, stairways,
elevators, and nurses’ aid stations or similar facilities for
the treatment of employees.
(2) Provision and maintenance of a contiguous nonsmoking area of not
less than two-thirds of the seating capacity and floor space in lunchrooms
and employee lounges.
(3) Any employee may object to his or her employer about smoke in his
or her immediate work area, in employee facilities including but not
limited to restrooms, cafeterias, and health facilities, or in areas
in the workplace where he or she must traverse in the course of work
or to use employee facilities including but not limited to restrooms,
cafeterias, and health facilities.
(4) Using previously available means of ventilation or partition of office
space, the employer must use its best efforts to reasonably accommodate
the preferences of nonsmoking and smoking employees. However, in doing
so, no employer is required to make any expenditures or structural
changes to the place of employment.
(5) If no accommodation reasonably satisfactory to all complaining employees
can be reached in any given work area, the preferences of complaining
employees shall prevail and the employer shall prohibit smoking in
that work area. Where the employer prohibits smoking in a work area,
it shall clearly mark that area with appropriate “no smoking”
signs and, upon request, provide signs to employees for use in designating
their areas.
(b) The employer shall announce its smoking policy to all its employees
working in workplaces in the city and shall post its written policy
conspicuously in all workplaces under the employer’s jurisdiction
and make it available upon request.
(c) Notwithstanding the foregoing provisions of this section, every employer
shall have the right to designate any place of employment, or portion
thereof, as a nonsmoking area. If an employer fails to implement and
maintain a written smoking policy, smoking shall be prohibited on
the entire premises.
(d) No employee shall be terminated or subject to disciplinary action
as a result of making a complaint to an employer or the city about
smoking in the workplace. Violation of this subsection is subject
to a civil penalty of two hundred dollars.
(1) Any person claiming to be aggrieved by an alleged violation of this
subsection must file a written complaint with the human relations
department of the city within 60 days from the most recent or latest
incident of the unlawful practice.
(2) The victim of any unlawful termination or discipline as described
in this subsection may, within 30 days of entry of the judgment of
a violation of this subsection, apply to the employer on whose behalf
the termination or discipline was imposed for reinstatement in the
employee’s former position and/or payments of any wages and
benefits that would have accrued, except for the termination or discipline.
The employer shall reinstate the victim in the employee’s former
position and pay the employee the accrued wages and benefits within
ten days of such application. Failure to comply with this subsection
is a misdemeanor, and each and every day of noncompliance may be charged
as a separate offense.
(1990 Code, sec. 5.1704; Ordinance
adopting Code)