Smoking in public places and places of employment in the Town shall be controlled and regulated as set forth in this chapter.
(Ord. 247-94; Ord. 299-00)
The following words and phrases, whenever used in this chapter shall be construed as defined in this section:
means an enclosed area that is primarily devoted to the serving of alcoholic beverages and in which the service of food is only incidental to the consumption of such beverages.
means any sole proprietorship, partnership, 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.
means any enclosed area containing a counter or tables upon which meals are served.
means any person who is employed by any employer in consideration for direct or indirect monetary wages or profit, and any person who volunteers his or her services for a nonprofit entity.
means any person, partnership, corporation, or nonprofit entity, including a municipal corporation, who employs the services of one or more persons.
means closed in by roof and four walls with appropriate openings for ingress and egress.
means any corporation, unincorporated association, or other entity created for charitable, educational, political, social, or other similar purposes, the net proceeds from the operations of which are committed to the promotion of the objects or purposes of the organization and not to private financial gain. A public agency is not a "nonprofit entity" within the meaning of this section.
means 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 and class rooms, cafeterias and hallways. Except:
means any enclosed area to which the public is invited or in which the public is permitted, including, but not limited to: banks, educational facilities, health facilities, public transportation facilities, reception areas, restaurants, retail food production and marketing establishments, retail service establishments, retail stores, theaters and waiting rooms.
means any coffee shop, cafeteria, tavern, sandwich stand, soda fountain, private or public school cafeteria, and any other eating establishment, organization, club, boardinghouse, or guest house, which gives or offers food for sale to the public, guests, patrons 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 in this section.
means a retail store utilized primarily for the sale of tobacco products and accessories.
means open display of tobacco products to which the public has access without the intervention of an employee.
means any area covered by a solid (nonpermeable) roof of any type, including, but not limited to, open-sided tents and kiosks.
means any indoor line at which one or more persons are waiting for or receiving service of any kind, whether or not such service includes the exchange of money.
means inhaling, exhaling, burning, vaping, or carrying any lighted pipe, cigar, tobacco product, or cigarette of any kind, or any other combustible substance.
means sports pavilions, gymnasiums, health spas, swimming pools, and other similar places where members of the public assemble to engage in physical exercise, participate in athletic competition, or witness sports events.
means any of the following:
A product containing, made, or derived from tobacco or nicotine that is intended for human consumption, whether smoked, heated, chewed, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means, including, but not limited to, cigarettes, cigars, little cigars, chewing tobacco, pipe tobacco, or snuff.
An electronic device that delivers nicotine or other vaporized liquids to the person inhaling from the device, including, but not limited to, an electronic cigarette, cigar, pipe, or hookah.
Any component, part, or accessory of a tobacco product, whether or not sold separately.
means any electronic or mechanical device or appliance the operation of which depends upon the insertion of money, whether in coin or paper currency, or other things representative of value, which dispenses or releases a tobacco product.
means only a store employee has access to the tobacco product and assists the customer by supplying the product. The customer does not take possession of the product until it is purchased.
(Ord. 247-94; Ord. 299-00; Ord. No. 24-530, 9/17/2024)
All Town-owned vehicles, including buses and other means of public transit under the authority of the Town, and all enclosed facilities owned and controlled by the Town, including any board, council, commission or agency of the Town shall be subject to the provisions of this chapter.
(Ord. 247-94; Ord. 299-00)
A.
Smoking shall be prohibited in all enclosed public places within the Town, including, but not limited to, the following places:
1.
Elevators.
2.
Buses, taxicabs and other means of public transit under the authority of the Town, and in ticket, boarding and waiting areas of public transit depots.
3.
Restrooms.
4.
Service lines.
5.
Retail stores, except areas in stores not open to the public and all areas within retail tobacco stores.
6.
Retail food-marketing establishments, including grocery stores and supermarkets, except areas in the establishments not open to the public.
7.
Businesses and Nonprofit Entities. All areas available to and customarily used by the general public in all businesses and nonprofit entities patronized by the public, including, but not limited to business offices, banks, registration areas, lobbies, hallways, and conference rooms of hotels, motels, inns, bed and breakfasts, and guest houses.
8.
Restaurants and bars.
9.
Public areas of libraries and museums when open to the public.
10.
Any building not open to the sky which is used primarily for exhibiting any motion picture, stage drama, lecture, musical recital or other similar performance, except when smoking is part of any such production.
11.
Enclosed sports arenas.
12.
Every room, chamber, and place of meeting or public assembly, including school buildings under the control of any board, council, commission, committee, or agency of the Town 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 Town.
13.
Doctors, offices, dentists, offices, waiting rooms, hallways and wards of health facilities, including, but not limited to, clinics and physical therapy facilities.
14.
Polling places.
B.
Notwithstanding any other provision of this section, any owner, operator, manager or other person who controls any establishment described in this section may declare that entire establishment as a nonsmoking establishment.
(Ord. 247-94; Ord. 299-00)
Smoking shall be prohibited in any building owned by the Town or in portions of any building rented by the Town.
(Ord. 210, 1989; Ord. 299-00)
Each employer and each place of employment located within the Town shall adopt, implement, make known and maintain a written smoking policy. Such policy shall be reviewed and revised as appropriate on or before January 1 of each year and shall contain, at a minimum, the following requirements:
A.
Smoking shall be prohibited in all enclosed and semi-enclosed facilities within a place of employment without exception. This includes common work areas, auditoriums, classrooms, conference and meeting rooms, private offices, elevators, hallways, medical facilities, cafeterias, employee lounges, stairs, restrooms, vehicles and all other enclosed facilities.
B.
The smoking policy shall be communicated to all employees within three weeks of its adoption and/or revision, and at least annually thereafter.
C.
All employers shall supply a written copy of the smoking policy to any prospective employee who so requests.
D.
All employees shall comply with these nonsmoking provisions and shall be responsible for their implementation in their places of employment.
E.
"No Smoking" signs shall be conspicuously posted at building entrances and in employee lounges, cafeterias and lunchrooms.
F.
Places of employment exempt from the prohibition on smoking in other sections of this chapter shall also be exempt from this section.
(Ord. 247-94; Ord. 299-00; Ord. No. 24-530, 9/17/2024)
A.
Notwithstanding any other provisions of this chapter or state law to the contrary, the following areas shall not be subject to the smoking restrictions of this chapter:
1.
Private residences, except when used as a child care or health care facility.
2.
50% of all rooms rented to guests in each hotel, motel, inn, bed and breakfast, or guest house.
3.
Retail tobacco stores.
4.
Enclosed or semi-enclosed restaurant, hotel, motel and inn conference or meeting rooms and public and private assembly rooms, which are equipped with a ventilation system which conducts air to the outside, while these places are being used for private functions, provided that 50% of these areas are designated nonsmoking.
5.
An enclosed or semi-enclosed place of employment which employs only the owner and no other employee; provided, that: (a) the place of employment is not a public place; and (b) the place of employment does not share a ventilation system with any other enclosed place of employment or public place.
6.
Property owned or leased by County, State or Federal governmental entities, to the extent that such property is not subject to the jurisdiction of the Town.
B.
Notwithstanding any other provision of this section, any owner, operator, manager or other person who controls any establishment described in this section may declare the entire establishment as a nonsmoking establishment.
(Ord. 247-94; Ord. 299-00)
A.
"Smoking" or "No smoking" signs, whichever are appropriate, with letters of not less than one inch in height 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, sufficiently and conspicuously posted in every building or other place where smoking is regulated by this chapter, by the owner, operator, manager or other person having control of such building or other place.
B.
Every theater owner, manager or operator shall conspicuously post signs in the lobby stating that smoking is prohibited within the theater or auditorium, and in the case of motion picture theaters, such information shall be shown upon the screen for at least five seconds prior to the showing of each feature motion picture.
C.
Every restaurant and shopping complex shall have posted at every entrance a conspicuous sign clearly stating that smoking is prohibited.
(Ord. 247-94; Ord. 299-00)
A.
Any person, business, tobacco retailer or other establishment subject to this chapter shall post plainly visible signs at the point of purchase of tobacco products that state:
THE SALE OF TOBACCO PRODUCTS TO PERSONS UNDER EIGHTEEN YEARS OF AGE IS PROHIBITED BY LAW. PHOTO ID IS REQUIRED.
The letters of such signs should be at least 1/4-inch high.
B.
No person, business, tobacco retailer, or owner, manager or operator of any establishment subject to this chapter shall sell, offer to sell or permit to be sold any tobacco product to an individual without requesting and examining identification establishing the purchaser's age as 18 years or greater unless the seller has some reasonable basis for determining the buyer's age.
C.
It is unlawful for any person, business or tobacco retailer to sell, permit to be sold, or offer for sale any tobacco product or tobacco-related promotional product by means of self-service merchandising, or by any means other than vendor-assisted sales.
D.
No person, business or tobacco retailer shall locate, install, keep, maintain or use, or permit the location, installation, keeping, maintenance or use of such person's premises any vending machine for the purpose of selling or distributing any tobacco product unless it is operated by vendor assistance. Any tobacco vending machine in use on the effective date of the ordinance codified in this chapter that is not operated by vendor assistance shall be removed within 90 days after the effective date of the ordinance codified in this chapter.
E.
Nothing in this chapter shall be construed to conflict with or be construed to supplement any provision of the Penal Code.
(Ord. 247-94; Ord. 299-00)
A.
Enforcement shall be implemented by the Town Manager.
B.
Any citizen who desires to register a complaint may initiate enforcement with the Town Manager or designees.
C.
Any owner, manager, operator, employer, or employee of any establishment regulated by this chapter shall have the right to inform persons violating this chapter of the appropriate provisions of this chapter.
D.
Registered Environmental Health Specialists, on their regular restaurant inspections, other County employees on their inspections (including, but not limited to, County Fire Officials), and Town staff may inspect for compliance with the regulations of this chapter.
E.
Any violation of this chapter is a public nuisance and may be abated as such through appropriate civil proceedings brought by the Town or by a private individual.
(Ord. 247-94; Ord. 299-00)
No person or employer shall discharge, refuse to hire, or in any manner discriminate against any employee or applicant for employment because such employee or applicant exercises any rights afforded by this chapter.
(Ord. 247-94; Ord. 299-00)
This chapter shall not be interpreted or construed to permit smoking where it is otherwise restricted by other applicable laws.
(Ord. 247-94; Ord. 299-00)
A.
It is unlawful for any person who owns, manages, operates, or otherwise controls the use of any premises subject to the regulations under this chapter to fail to comply with its provisions.
B.
It is unlawful for any person to smoke in any area restricted by the provisions of this chapter.
C.
Any person, business, tobacco retailer, or owner, manager or operator of any establishment subject to this chapter who violates any of the provisions of this chapter shall be guilty of an infraction.
(Ord. 247-94; Ord. 299-00)