The following definitions shall apply to this division:
Bar or tavern.
An establishment that derives 75 percent or more of the establishment’s gross revenue from the on-premises sale of alcoholic beverages.
Electronic or digital smoking device.
Any product containing or delivering nicotine or any other substance intended for human consumption that can be used by a person to simulate smoking through inhalation of vapor or aerosol from the product. The term includes any such device, whether manufactured, distributed, marketed, or sold as an e-cigarette, e-cigar, e-pipe, e-hookah, or vape pen, or under any other product name or descriptor.
Enclosed area.
All space between a floor and ceiling which is enclosed on all sides by walls or windows (exclusive of doors or passageways) which extend from the floor to the ceiling.
Patio.
An improved and defined unenclosed outside area associated with a food service establishment or bar used for purposes of dining or entertainment.
Person.
Any individual.
Public building.
Any building other than a building used as a private residence. If portions of a building are used as a private residence and another portion of the building is used for business purposes or commercial activities, then “public building” as used herein shall apply to the portions of the building used for business purposes or commercial purposes, but not the portion used solely as a residence. The term “public building” includes, but is not limited to, restaurants, bars and taverns.
Restaurant.
An establishment that primarily serves food prepared in the kitchen of the same establishment for patrons and may serve alcohol with a valid state alcoholic beverage commission license as long as the establishment derives less than 50 percent of its gross revenues from alcohol sales, and includes all indoor and outdoor seating areas, kitchen, bar area, restrooms and lobby.
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.
Smoke or smoking.
Inhaling, exhaling, or burning a lighted cigar, cigarette, pipe or other lighted tobacco product in any manner or form, or to inhale or exhale from an electronic or digital smoking device.
(1996 Code, sec. 6.801; Ordinance 18/025 adopted 7/17/18; Ordinance adopting Code)
(a) 
It shall be unlawful for any person to perform the following acts in any public building in the city:
(1) 
Smoke;
(2) 
Carry a lighted cigarette, cigar, or tobacco-containing pipe; or
(3) 
Light a cigarette, cigar or tobacco-containing pipe.
(b) 
It shall be unlawful for any owner of any restaurant, bar and tavern to allow the operation of the establishment unless one or more of the following signs have been posted at a location clearly visible to a person entering the establishment:
(1) 
A no smoking sign; or
(2) 
The international “no smoking” symbol (depiction of a burning cigarette enclosed in a red circle with a red bar across it).
(c) 
It shall be unlawful for any owner or operator of any public building to place or allow to be placed any of the following items in any public building:
(1) 
Ashtrays; or
(2) 
Signs that indicate that smoking is permitted.
(d) 
It shall be unlawful for the owner or operator of any public building to allow smoking in such public building in violation of the provisions of this article.
(1996 Code, sec. 6.802)
Notwithstanding any other provision of this division to the contrary, the following areas shall not be subject to the smoking restrictions of this division:
(1) 
Retail tobacco stores, provided such establishments provide separate ventilation and HVAC systems that prevent the commingling of air with other businesses, common areas, hallways and other non-smoking areas; and
(2) 
Patios.
(1996 Code, sec. 6.803)