The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Bar/designated private club.
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 and cocktail lounges, and cabarets. A restaurant can also be classified as a private club and requires a specific use permit (SUP) approval prior to being allowed to sale alcoholic beverages and gross quarterly receipts of alcohol usually cannot exceed certain percentage, as stated within the conditions of approval for that use.
Business.
A sole proprietorship, partnership, joint venture, corporation, trust or other business entity, either for-profit or not-for-profit, including retail establishments where goods or services are sold; professional corporations and other entities where legal, medical, dental, engineering, architectural, or other professional services are delivered; governmental entities; and private clubs.
Electronic vaping device.
Any electronically powered or battery powered device that uses an atomizer or similar device allowing users to inhale nicotine vapor or any other vapor to simulate the smoking of tobacco, cigarettes, pipes or cigars. An electronic vaping device includes personal vaporizers, electronic cigarettes (“e-cigarettes”), electronic pipes (“e-pipes”), electronic cigars (“e-cigars”) and any other type of electronic nicotine delivery system or any part thereof.
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, or trust, that employs the services of one or more individual persons.
Enclosed area.
All space between a floor and ceiling that is enclosed on all sides by solid walls or windows (exclusive of doorways), which extend from the floor to the ceiling.
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.
Place of employment.
An area under the control of a public or private employer that employees access during the course of employment, including, but not limited to, work areas, employee lounges, restrooms, conference rooms, private offices, 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 organization.
A nonprofit association of persons that:
(1) 
Is organized for the promotion of some common object;
(2) 
Is comprised of members who are passed on and elected by a committee or board made up of members of the club;
(3) 
Is composed of members of which at least 50 percent reside in the county in which the premises of the club is located;
(4) 
Grants membership to an applicant only after a written application has been filed with the chairman of the membership committee or board and approved by the chairman;
(5) 
Owns, leases, or rents a building, or space in a building of such extent and character as is suitable and adequate for the club’s members and their guests;
(6) 
Provides regular food service adequate for its members and their guests;
(7) 
Collects annual membership fees, dues, or other income, excluding proceeds from the disposition of alcoholic beverages but including service charges, which income must be sufficient to defray the annual rental of its leased or rented premises or, if the premises are owned by the club, sufficient to meet the taxes, insurance, and repairs and the interest on any mortgage on the premises;
(8) 
Is managed by a board of directors, executive committee, or similar body chosen by the members at their annual meeting; and
(9) 
Does not compensate, directly or indirectly, any member or any officer, agent, or employee of the club, from the disposition of alcoholic beverages to members of the club and their guests, other than charges for the service of the beverages.
Private social clubs.
Facilities or establishments that have no employees, except when being used for a function to which the general public is invited
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, educational facilities, health-care facilities, hotel and motel lobbies, 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 club is a “public place” when being used for a function to which the general public is invited. A private residence is not a “public place” unless it is used as a child-care, adult day-care, or health-care facility. A private vehicle is not a “public place.”
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 and accessories and in which the sale of other products is merely incidental. A store shall be deemed as utilized primarily for the sale of tobacco products and accessories if at least 75% of the gross revenue of the store derives from tobacco products and tobacco accessories.
Service line.
A line in an enclosed area in which one (1) or more persons are waiting for or receiving service of any kind, whether or not the service involves the exchange of money.
Shopping mall.
An enclosed public walkway or hall area that serves to connect retail or professional establishments.
Smoking.
Lighting, burning, inhaling, exhaling, holding or carrying of a lighted tobacco product including, but not limited to, cigarettes, pipes and any other lighted smoking equipment or device or the use of an electronic vaping device as such term is defined in this division.
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.
Vaping store, vape shop, and/or vapor store.
A retailer whose primary use is for the sale of electronic vaping devices and other products associated with vaping, whose sale of other products is incidental, and whose gross revenues are over 80% from the sale of electronic vaping devices and products associated with vaping.
(Ordinance 2007-17 adopted 5/8/07; Ordinance 2014-32 adopted 8/12/14)
No smoking shall be allowed within the enclosed areas of all city-owned facilities and shall be subject to the provisions of this article. This will include but not limited to the following uses:
(1) 
Buildings owned, leased, operated or maintained by the city.
(2) 
Vehicles owned, leased, operated, shared, or maintained by the city when such vehicles are “pool” vehicles.
(3) 
Areas designated as park(s) or open space(s) and maintained by the city.
(Ordinance 2007-17 adopted 5/8/07)
Smoking shall be prohibited in all enclosed areas in all places that have public access and used by the general public within the city, including but not limited to, the following places:
(1) 
Educational facilities, both public and private.
(2) 
Licensed child-care and adult day-care facilities.
(3) 
Health-care facilities.
(4) 
Lobbies/reception or waiting areas.
(5) 
Elevators or staircases.
(6) 
Restrooms, hallways, meeting rooms and other common-use areas.
(7) 
Cafeterias.
(8) 
Service line or standing in line or queue in a public area.
(9) 
Retail stores.
(10) 
Convenience stores and/or gas stations.
(11) 
Airport and other public transit facilities and/or depots.
(12) 
All areas available to and customarily used by the general public in all businesses and nonprofit entities including but not limited to, attorneys’ office and other professional offices, banks or other financial institutions, laundromats, and country clubs.
(13) 
All sports arenas, stadiums, venues and amphitheaters.
(14) 
Aquariums, galleries, libraries, and museums.
(15) 
Bingo facilities.
(16) 
Facilities primarily used for exhibiting a motion picture, stage, drama, lecture, musical recital, or other similar performance.
(17) 
Designated polling places.
(18) 
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, to the extent the place is subject to the jurisdiction of the city.
(19) 
Shopping malls.
(20) 
Any other area with markings or signs which gives reasonable notice that the area is a no smoking area, regardless of whether the means of designating said area complies with this chapter or state law.
(21) 
A distance of twenty-five (25) feet outside an enclosed area measured from the front door of the facility where smoking is prohibited. (see section 6.03.035(6))
(22) 
Restaurants/designated private clubs that do not meet the requirements of section 6.03.034.
(23) 
Gas wells.
(Ordinance 2007-17 adopted 5/8/07)
(a) 
Option 1: Grandfather all existing restaurants and then require SUP for new restaurants/private clubs to allow smoking in perpetuity.
(b) 
Smoking in all restaurants and designated private clubs, existing at the time of this article adoption, shall be permitted by this article if said business registers with the city as an existing smoking establishment within 120 days of the adoption of this article. The city shall make all good faith efforts to notify said existing establishment of this registration opportunity.
(c) 
Any future restaurant or designated private clubs from the adoption date of this article requesting to allow smoking in their facility shall require a specific use permit (SUP), which will only be granted upon satisfaction of room and air system separation as provided elsewhere herein.
(Ordinance 2007-17 adopted 5/8/07)
Notwithstanding any other provision of this article to the contrary, the following areas shall be exempt from the smoking restrictions in this article:
(1) 
Private residences, except when used as a licensed child-care, adult day-care, or health-care facility.
(2) 
Private vehicles and nonshared or nonpool municipally owned vehicles.
(3) 
At least eighty percent (80%) of all hotel and motel rooms within that facility that are rented to guests shall be designated as nonsmoking rooms. Smoke which is permitted from these smoking rooms must not infiltrate into areas where smoking is prohibited under the provisions of this article.
(4) 
Retail tobacco stores, provided that smoke from these places does not infiltrate into areas where smoking is prohibited under the provisions of this division.
(5) 
Stand alone vaping store, vape shop and/or vapor shop.
(6) 
Private social clubs that have no employees, except when being used for a function to which the general public is invited.
(Ordinance 2007-17 adopted 5/8/07; Ordinance 2014-32 adopted 8/12/14)
(a) 
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 the entire establishment, facility, or outdoor area as a nonsmoking area.
(b) 
Smoking shall still be prohibited in any place designated in section 6.03.033 and in which a sign conforming to the requirements of section 6.03.037 is posted.
(c) 
Should the owner, operator, manager or other person in control of an establishment, facility, or outdoor area declare that there will be designated smoking area within the establishment, facility, or outdoor area, it shall meet the following requirements:
(1) 
Approval via a specific use permit (SUP) designating which area will be designated as a smoking area.
(2) 
A separate ventilation or air filtration system will be required and must meet the following requirements:
(A) 
Before installing a ventilation or filtration system in a designated smoking area, the owner or contractor must first contact the building inspections department to obtain a mechanical permit. An engineered stamped drawing must be submitted that shows the heating and air-conditioning installation including the ventilation or filtration system, a complete floor plan of the facility including square footages, and the square footage calculations of the desired smoking area. Work should not begin until these plans have been reviewed.
(B) 
The ventilation system shall provide an air change every fifteen (15) minutes and shall exhaust the air to the exterior of the building and shall not cause air from the smoking area to be drawn across the nonsmoking area.
(C) 
The system must be inspected and pass a test performed by an approved third-party inspector to verify that the system removes all visible smoke within fifteen (15) minutes and that air from the designated smoking area is not drawn across nonsmoking areas.
(D) 
Smoking areas that fail the prescribed test shall be deemed to be nonsmoking until successfully retested. The owner shall be required to pass additional tests at any time the system appears not to meet the requirements.
(E) 
The approval of a smoking area is granted to the owner of the facility. Should the facility change owners, the facility will be nonsmoking until the system has successfully passed the smoke test.
(3) 
Upon approval, the facility shall post the appropriate signs conforming to the requirements of section 6.03.037 and be posted at all public entrances stating: “smoking in designated areas only.” Approved smoking area must have signage indicating that it is a smoking area.
(4) 
An alternative system that does not exhaust to the outside may be approved under the following conditions:
(A) 
The smoking area must be substantially separated from the nonsmoking area by physical means, such as a partition (minimum 2 inches by 4 inches) and/or glazing fitted within the allowed 2x4 wall.
(B) 
The smoking area must be provided with separate heating and cooling system from the system serving the nonsmoking areas.
(Ordinance 2007-17 adopted 5/8/07)
(a) 
Signs containing the words “no smoking” and/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) 
All restaurants and private clubs that lawfully allow smoking shall post a sign stating “smoking allowed” or “this is a smoking establishment” on the primary entrance door.
(c) 
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 inside and within five (5) feet of the primary entrance.
(d) 
All signs required under this section must be at least ten (10) inches by fourteen (14) inches and shall include the information required in this section and must be written in contrasting colors with block bolded letters at least one inch in height.
(Ordinance 2007-17 adopted 5/8/07)
(a) 
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.
(b) 
An employee who works in a setting where an employer allows smoking does not waive or otherwise surrender any legal rights the employee may have against the employer or any other party.
(Ordinance 2007-17 adopted 5/8/07)
(a) 
This article shall be enforced by the community service officer (CSO) or an authorized designee.
(b) 
Any citizen who desires to register a complaint under this article may initiate enforcement with the community service officer.
(c) 
The community service officer, fire department, or their designees may, while an establishment is undergoing otherwise mandated inspections, inspect for compliance with this article, or they may inspect at such other times as they may determine at their discretion.
(d) 
It is the duty of the owner, manager, operator, or employee of an establishment regulated by this article to:
(1) 
Post all necessary signage as stated in section 6.03.037.
(2) 
Remove all ashtrays, matches, lighters, or other smoking-related paraphernalia from any area where smoking is prohibited by this article
(3) 
Advise a person who violates this article that smoking is not allowed in that part of the facility
(4) 
Request a person to remove themselves from this location after that person has been advised that smoking is not allowed and that person willfully continues to smoke.
(e) 
Notwithstanding any other provision of this article, an employee or private citizen may bring legal action to require the city to enforce this article.
(f) 
In addition to the remedies provided by the provisions of this section, the city manager or the community service officer may apply for injunctive relief to enforce these provisions in any court of competent jurisdiction.
(Ordinance 2007-17 adopted 5/8/07)
(a) 
A person who smokes in an area where smoking is prohibited by the provisions of this article shall be guilty of an infraction, punishable by a fine as provided herein.
(b) 
A person who owns, manages, operates, or otherwise controls a public place or place of employment and who fails to comply with the provisions of this article shall be guilty of an infraction, punishable by:
(1) 
A fine not exceeding one hundred dollars ($100.00) for a first violation.
(2) 
A fine not exceeding two hundred dollars ($200.00) for a second violation within a any twelve (12) month period.
(3) 
A fine not exceeding five hundred dollars ($500.00) for each additional violation within any twelve (12) month period.
(c) 
Violation of this article is hereby declared to be a public nuisance, which may be abated by the community service officer by restraining order, preliminary and permanent injunction, or other means provided for by law, and the city may take action to recover the costs of the nuisance abatement.
(Ordinance 2007-17 adopted 5/8/07)
The community service officer shall engage in a continuing program to explain and clarify the purposes and requirements of this article to citizens affected by it, and to guide owners, operators, and managers in their compliance with it. The program may include publication of a brochure for affected businesses and individuals explaining the provisions of this article.
(Ordinance 2007-17 adopted 5/8/07)
This article shall not be interpreted or construed to permit smoking where it is otherwise restricted by other applicable laws.
(Ordinance 2007-17 adopted 5/8/07)