For the purpose of this article, the following definitions shall
apply unless the context clearly indicates or requires a different
meaning:
Administrative area.
The area of an establishment not generally accessible to
the public or to a minor, including but not limited to individual
offices, stockrooms, employee lounges, or meeting rooms.
Cigar.
A roll of tobacco which is wrapped in leaf tobacco, or wrapped
in a substance that contains tobacco, and which does not include any
separate filter as part of its design.
Cigar bar or cigar lounge.
A "cigar bar" or "cigar lounge" is strictly limited to those
establishments as to which the operators seek to allow smoking by
customers and that are cigar-themed and focused, as evidenced by the
following: (1) clearly states in its name and marketing that it is
a "cigar bar" or "cigar lounge," (2) derives at least thirty-three
(33) percent of its gross revenue from the on-site sale of cigars,
(3) maintains an on-site walk-in humidor for the intent of resale
of cigar products; (4) posts outdoor signage notifying the public
that entry will result in exposure to secondhand tobacco smoke, and
(5) provides an independent ventilation system and must be separated
from any adjoining nonsmoking areas by an impermeable wall and ceiling.
A "cigar bar" or "cigar lounge" shall not include any establishment
which undertakes the retail offering of tobacco products as a means
to circumvent any other town regulation. Unless otherwise specified
by town regulation, undefined terms relating to a cigar bar or cigar
lounge shall be construed according to the definitions in use by the
United States Centers for Disease Control and Prevention (CDC), but
the terms of town regulations shall control to the extent of any conflict.
Cigar products.
Products directly associated with cigars, and excludes all
types of cigarettes (tobacco or otherwise), cigarillos, electronic
smoking devices, vapes or vaping liquids, pipes, hookahs (or other
shared pipes), or any smoking products which do not contain tobacco
(e.g., those containing cloves, hemp, or other tobacco analog/substitute)
for purposes of the definition of cigar bar or cigar lounge. The term
"cigar products" also includes cigar-related accessory items such
as cigar cutters and humidor boxes commonly associated with the smoking
of cigars, but excludes any item designed or marketed for the purpose
of repackaging the contents of any smoking product, including a tobacco
cigar, into another form or device for ignition, aerosolization, other
means of use (e.g., glass pipes which could be used to smoke tobacco
removed from a cigar). Items such as apparel, memorabilia or artwork
shall never constitute cigar products.
Director.
The director of the department designated by the town manager
to enforce and administer this article, or the director's designated
representative.
Eating establishment.
Any establishment that prepares or serves food or beverages,
regardless of whether the establishment provides seating or facilities
for on-premises consumption. The term includes, but is not limited
to, restaurants, coffee shops, cafeterias, short order cafes, fast
food establishments, luncheonettes, lunchrooms, soda fountains, food
carts, food vending vehicles, and catering establishments.
Employee.
Any person who works for hire at a designated indoor area,
including an independent contractor with an assigned indoor location.
Employer.
Any person who employs five or more employees.
Enclosed.
An area that:
(1)
Is closed in overhead by a roof or other covering of any material,
whether permanent or temporary; and
(2)
Has 40% or more of its perimeter closed in by walls or other
coverings of any material, whether permanent or temporary.
Hospital.
Any institution that provides medical, surgical, and overnight
facilities for patients.
Minor.
Any individual under 18 years of age.
Person.
An individual, firm, partnership, association, or other legal
entity.
Public service area.
Any area to which the general public routinely has access
for municipal services or that is designated a public service area
in a written policy prepared in compliance with this article.
Restaurant bar.
Any area of an eating establishment, excluding the dining
area:
(1)
That is primarily devoted to the serving of alcoholic beverages
for consumption by guests on the premises; and
(2)
In which food service, if any, is only incidental to the consumption
of alcoholic beverages.
Retail or service establishment.
Any establishment that sells goods or services to the general
public, including but not limited to any eating establishment, hotel,
motel, department store, grocery store, drugstore, shopping mall,
laundromat, bingo parlor, bowling center, or hair styling salon.
Smoke or smoking.
Inhaling, exhaling, possessing, or carrying any lighted or
burning cigar or cigarette, or any pipe or other device that contains
lighted or burning tobacco or tobacco products.
Tobacco product vending machine.
Any self-service device that, upon insertion of any coin,
paper currency, token, card, key, or other item, dispenses one or
more tobacco products. The term does not include any machine that
is in storage, in transit, or otherwise not set up for use and operation,
nor does it include any machine that is situated on a train, bus,
or other public conveyance.
Workplace.
Any indoor area where an employee works for an employer,
including an administrative area but excluding:
(2)
A factory or warehouse where smoking is regulated by another
town ordinance or a state or federal law;
(3)
An enclosed room with only one regular occupant; or
(4)
Any area that is generally accessible to the public or to a minor and that is regulated under section
6.03.003.
(1998 Code, sec. 99.01; Ordinance 2022-26 adopted 12/6/2022)
Any person, firm, or corporation violating any of the provisions
of this article shall be deemed guilty of a misdemeanor and upon conviction
be subject to a fine in accordance with the general provisions of
the code.
(1998 Code, sec. 99.99; Ordinance 2022-26 adopted 12/6/2022)
(a)
A person commits an offense if he or she smokes in any of the
following indoor or enclosed areas:
(1)
Any elevator used by the public.
(2)
A hospital or nursing home.
(3)
Any facility owned, operated, or managed by the town.
(4)
Any retail or service establishment.
(5)
Any establishment or area marked with a no smoking sign complying with subsection
(b) by the owner or person in control of the establishment or area.
(6)
Any facility of a public primary or secondary school or any
enclosed theater, movie house, library, museum, or transit system
vehicle.
(b)
The owner or person in control of an establishment or area in which smoking is prohibited under subsection
(a) of this section shall post a conspicuous sign at the main entrance to the establishment or area. The sign shall contain the words "No Smoking, Town of Fairview Ordinance," the universal symbol for no smoking, or other language that clearly prohibits smoking.
(c)
Notwithstanding any provision of this article, it is not a violation
of this article if smoking occurs in a location that is:
(1)
A private residence, except that this exception does not apply
when the residence is being used as a child-care facility, adult day-care
facility, or health care facility;
(2)
An administrative area or office of an establishment described in subsection
(a)(2),
(a)(4), or
(a)(6) of this section if the administrative area or office is physically separated from those areas of the establishment where smoking is prohibited, except that this exception does not apply if the location was posted as a nonsmoking area;
(3)
A retail or service establishment that:
(A)
Derives 90% or more of its gross revenue on a quarterly basis
from the sale of tobacco, tobacco products, or smoking implements;
and
(B)
Does not open into any other establishment in which smoking
is prohibited under this section;
(4)
An unenclosed outdoor seating area of an eating establishment
or cigar bar/lounge, except that this exception does not apply if:
(A)
The outdoor seating area is adjacent to a playground or play
area for children; or
(B)
The location was posted as a nonsmoking area by the owner or person in control of the establishment with a sign complying with subsection
(b);
(5)
A private rented guest room in a hotel or motel that has been
designated as a smoking room by the owner or operator of the hotel
or motel; or
(6)
A cigar bar or cigar lounge; provided, however, that this exception
shall only apply to an establishment that is otherwise lawfully in
operation and only upon the town council's approval of a major
warrant allowing the establishment to operate as a cigar bar or cigar
lounge as required by the Commercial Planned Development District
(CPDD), as amended.
(1998 Code, sec. 99.02; Ordinance 2022-26 adopted 12/6/2022)
(a)
A person commits an offense if he owns or allows the display
or use of any tobacco product vending machine upon any property within
the town.
(b)
It is a defense to prosecution under this section that the tobacco
product vending machine was:
(1)
Situated in premises where entry by a minor is prohibited by
law;
(2)
Situated in a hotel, motel, bar, or restaurant bar;
(3)
Located in a workplace with the permission of the employer,
provided that:
(A)
The employer usually has no person under 18 years of age employed
at the workplace; and
(B)
The tobacco product vending machine is situated at a location
within the workplace to which no person other than an employee of
the workplace is usually permitted to have access; or
(4)
Located in an eating establishment and equipped with a lock-out device that was installed, maintained, and operated in compliance with subsections
(c),
(d), and
(e) below.
(c)
A lock-out device on a tobacco product vending machine located
in an eating establishment must be installed, maintained, and operated
in compliance with this section.
(d)
A lock-out device may be electrical or mechanical and must be
approved by the director.
(e)
An owner, operator, employee, or other person in charge of an
eating establishment who is at least 18 years of age shall:
(1)
Install and continuously maintain a lock-out device on a tobacco
product vending machine in good working order;
(2)
Require identification from any potential customer of the tobacco
product vending machine who appears to be under 18 years of age;
(3)
Physically observe all transactions in which the tobacco product
vending machine is used; and
(4)
Physically release the lock-out device before each sale from
a tobacco product vending machine.
(1998 Code, sec. 99.03; Ordinance 2022-26 adopted 12/6/2022)