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:
Administrative area.
Any enclosed indoor area, under the control of an employer, to which employees, but not the general public (except by specific invitation), have access to during the course of employment, including, but not limited to, work areas, employee lounges, employee restrooms, conference rooms, and employee cafeterias.
Designated employee smoking area.
An area located in an administrative area which is not accessible to members of the general public, where smoking by employees is allowed by the owner, lessee or other person in charge of the public place. A designated smoking area may include, but is not limited to, individual private offices, stockrooms, employee lounges, break rooms or meeting rooms. The designated smoking area shall physically be separated by architectural features to prevent members of the public and nonsmoking employees from being subjected to smoke and shall be independently ventilated. Nothing herein shall prohibit an employer from establishing an outdoor area as the designated employee smoking area.
Employee.
Any person who is employed by an employer in consideration for monetary compensation or profit.
Employer.
Any person who employs one or more persons.
Enclosed.
An area closed in by a roof and four walls with appropriate openings for ingress and egress.
Independently ventilated.
That the heating, ventilation and air conditioning system for a designated employee smoking area does not allow for the mixing of air from the designated employee smoking area to a public area or to another area served by the same ventilation system or to another ventilation system.
Multiple tenant building.
An office or retail structure having a roof and sides and containing two or more units which are rented or owned by different persons for commercial purposes.
Public place.
Any enclosed, indoor area that is open to or is used by the general public, or that is a place of employment and includes, but is not limited to: retail stores, grocery stores, offices, professional, commercial or financial establishments, restaurants, public and private institutions of education, health care facilities, nursing and convalescent homes, residential treatment facilities, and buildings owned or occupied by political subdivisions. Public places include public restrooms and outdoor patio areas of restaurants which are open to the public, and where patrons of the restaurants are served food and/or beverages. Public places also include exterior covered sidewalks and balconies that serve as corridors between suites or buildings in a multitenant office building that do not have interior common lobbies or corridors.
Smoke or smoking.
Includes the carrying or holding of a lighted pipe, cigar or cigarette containing tobacco products or any other combustible material of any kind, or any other burning or lighted smoking equipment or device, and the lighting of, emitting or exhaling the smoke of a pipe, cigar or cigarette of any kind.
(1996 Code, sec. 54-71)
It is the intent of this article to ensure a smoke-free environment in all commercial establishments to which the public has access, and to provide each such commercial establishment the option to provide for smoking areas for its own employees under certain conditions which ensure that nonsmoking employees and members of the general public are not subjected to smoke.
(1996 Code, sec. 54-72)
A person commits an offense if such person:
(1) 
Knowingly or intentionally smokes in a public place and is not in an area designated as a designated employee smoking area under this article;
(2) 
Fails to post a no-smoking sign as required by this article;
(3) 
Willfully destroys or defaces a sign posted as required by this article;
(4) 
Establishes a designated employee smoking area in an enclosed area which is not independently ventilated.
(1996 Code, sec. 54-73)
It is a defense to prosecution under this section if the person was smoking in a:
(1) 
Location that is a designated smoking area of a public place described in section 10.03.006, which is posted as a designated employee smoking area with appropriate signs.
(2) 
Private residence.
(3) 
Location that is a retail or service establishment which is primarily engaged in the sale of tobacco, tobacco products or smoking implements.
(4) 
Motor vehicle.
(5) 
Situation in which the person is present at an event in which an entire room or hall is used for a social function by a private entity or individual, and seating arrangements are under the control of the sponsor of the function and not of the proprietor or person in charge of the place. However, the sponsor of the social function may designate a smoking area.
(6) 
Unenclosed area.
(1996 Code, sec. 54-74)
(a) 
The owner, lessee or other person in charge of a public place may, but is not required to, designate one or more areas as smoking areas for the use of the employees as part of the smoking policy provided for in section 10.03.007. A designated employee smoking area may include private enclosed offices and other areas of the workplace which are not accessible by members of the general public, but may be occupied by members of the public at specific invitation. Designated employee smoking areas shall be located in administrative areas only. In no event shall an employee restroom or an area containing food or dispensing drink facilities be designated as an employee smoking area.
(b) 
If a designated employee smoking area is designated, each such smoking area shall:
(1) 
Be in an area set aside for the use of all employees, but not accessible to members of the general public except by specific invitation of the employer or employee;
(2) 
Be no larger in size than proportionate to the preference of smoking employees normally requesting a smoking area, and such area size can be determined by the owner, lessee or other person in charge;
(3) 
Be independently ventilated and sufficiently sealed to prevent the mixing of air from the designated employee smoking area to the public areas or any other area in the building;
(4) 
Be designated by appropriate signs which are clearly visible to employees and members of the public entering the area;
(5) 
Contain ashtrays, containers or other facilities for the extinguishment of smoking materials; and
(6) 
Be set apart and physically separated from nonsmoking areas.
(c) 
If the owner, lessee or person in charge of a public place can show to the satisfaction of the city administrator that the employees normally requesting a smoking area constitute such a large portion of the users of the public place, that it is impracticable for the owner, lessee, or person in charge to meet the requirements of this section without structural or other physical changes, or significant expenditures, the owner, lessee or person in charge may designate an area not meeting the requirements of this section. If the entire area is designated a smoking area, the owner, lessee or person in charge shall place a sign at each entrance to the designated employee smoking area which is clearly visible and states that smoking is permitted throughout the area. Nothing stated in this section shall relieve an employer from complying with the requirements of subsection (b)(3) of this section.
(d) 
The owner, employer, lessee or person in charge of a building shall provide suitable receptacles for containment and proper extinguishment of tobacco and other smoking products at unenclosed locations on the property where persons congregate to smoke.
(1996 Code, sec. 54-75)
(a) 
Each employer who operates a place of employment in the city shall adopt and maintain a written smoking policy, which shall contain, at a minimum, the following provisions and requirements:
(1) 
Any nonsmoking employee may object to the employer about smoke in any portion of the place of employment normally frequented by such employee. Using already available means of ventilation, separation or partition, the employer shall attempt to reach a reasonable accommodation, insofar as possible, between the preferences of nonsmoking and smoking employees.
(2) 
If an accommodation which is satisfactory to all affected nonsmoking employees cannot be reached as to any portion of the place of employment about which complaint has been voiced, the preferences of nonsmoking employees shall prevail, to the end that nonsmoking employees may work in a smoke-free environment. No portion of the public place shall be designated as a smoking area. Where the employer prohibits smoking in an administrative area, the area in which smoking is prohibited shall be clearly marked with signs in accordance with section 10.03.008.
(3) 
The smoking policy shall be announced to all employees working in the place of employment and posted conspicuously in all workplaces under the employer’s jurisdiction.
(b) 
Failure of an employer to adopt a smoking policy shall result in the entire premises being considered as a public place where no smoking shall be allowed.
(1996 Code, sec. 54-76)
The owner or other person having authority to manage and control any area designated as a public place, pursuant to this article, shall post or cause to be posted and prominently displayed, and shall maintain “No Smoking” signs in a form approved by the city in conspicuous locations within such a public place. Such signs shall clearly and conspicuously recite the phrase “No Smoking” in the English and Spanish languages and/or use the international no-smoking symbol and shall cite article 10.03 of this code. Signs shall be of sufficient number and prominent location to convey the message clearly and legibly. The city administrator shall establish an approved sign for display in public places and other areas as is appropriate.
(1996 Code, sec. 54-77)
(a) 
Nothing in this article shall be construed to permit smoking where it is otherwise prohibited by law or regulation.
(b) 
Nothing in this article shall be construed to preclude any owner, lessee or person having the authority to manage and control any public place of employment from prohibiting or limiting smoking to a greater extent than is provided by this article.
(c) 
This article does not require the owner, lessee or other person in charge of a public place, or any employee of an establishment to report a violation or to take any action against any individual violating this article.
(1996 Code, sec. 54-78)
(a) 
Notwithstanding anything in this article to the contrary, no owner, lessee or other person in charge of a public place may establish a designated employee smoking area or otherwise permit or tolerate smoking if such smoking actually results in the transfer of air from the premises of a designated employee smoking area into the premises of an area owned or leased to another owner, lessee or other person in charge of such area.
(b) 
No owner, lessee or other person in charge of an owned or leased premises contained in a multiple tenant building shall permit a designated employee smoking area to exist, unless such designated smoking area is independently ventilated and sealed to prevent the transfer of air from the designated employee smoking area to another premises or to a public area of such owner, lessee or other person in charge of an owned or leased premises.
(1996 Code, sec. 34-61)