As used in this chapter, the following terms have the meanings indicated, unless the context clearly requires otherwise:
“City work place”
means a work place lawfully occupied by City employees for the conduct of the business of any of the City of Tacoma’s elected or appointed officials and under the authority of such official.
“Cocktail lounge”
means that portion of an establishment holding a current and valid Class H license issued by the State of Washington Liquor Control Board which is specifically set aside for the sale and consumption of liquor by the glass and separated by a divider from that portion of the establishment principally serving meals on a regular basis to the public.
“Employee”
means any person who is employed by any employer in consideration of direct or indirect monetary wages or profit.
“Employer”
means any person who pays another person direct or indirect monetary wages or profit in consideration for such other person’s providing services on the premises of the employer.
“Office work place”
means any enclosed area of a structure or a portion thereof intended for occupancy by business or governmental entities which provide primarily clerical, professional, or business services to other business entities or the public at that location. Office work place includes, but is not limited to, office space in office buildings, medical offices, libraries, museums, hospitals, and nursing homes, and all other entities included in subparagraphs F and G of this section, but excludes:
1. 
Private, enclosed offices occupied exclusively by smokers, even though such offices may be visited by non-smokers;
2. 
A private home which may serve as an office work place;
3. 
Any property owned or leased by a state or federal entity.
“Public meeting”
includes all meetings open to the public pursuant to RCW 42.30.010, et seq.
“Public place”
means any enclosed indoor area or vehicle used by and open to the public, regardless of whether such building or vehicle is owned in whole or in part by a private person or entity or by the City of Tacoma or other public entity, and regardless of whether a fee is charged for admission to the place. It includes, but is not limited to, elevators, public conveyances, museums, concert halls, theaters, hallways, auditoriums, exhibit halls, indoor sports arenas, bowling centers, hospitals, nursing homes, medical, dental, or other health care facilities, enclosed shopping centers, retail stores, retail service establishments, financial institutions, educational facilities, public meetings or hearings, public transportation facilities, ticket areas, public restrooms, libraries, restaurants, waiting areas, lobbies, and reception areas.
“Restaurant”
means any building, structure, or area used as, maintained as, advertised as, or held out to the public to be, an enclosure where meals, for consideration of payment, are made available to be consumed on the premises.
“Smoke” or “smoking”
includes the carrying or smoking of a lighted pipe, cigar, cigarette, or any other lighted smoking equipment.
“Tavern”
means any establishment or portion of an establishment where one can purchase and consume alcoholic beverages, excluding any such establishment or portion of the establishment having tables and seating facilities for serving meals and where, in consideration of payment, meals are served on a regular basis to the public.
(Ord. 24207 § 1, 1988-09-27)
A. 
No person shall smoke in a public place, City work place, or at a public meeting except in designated smoking areas. This prohibition does not apply in the following cases:
1. 
Where an entire room or hall is used for a private social function 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.
2. 
Chartered buses for private hire and taxicabs clearly designated by the operator to permit smoking.
B. 
Restaurants shall provide food service seating areas where smoking will not be permitted. No person shall smoke in restaurants in a “no smoking” designated area.
(Ord. 24207 § 1, 1988-09-27)
A. 
Designation. Smoking areas may be designated in public places and City work places by the proprietor or other person in charge of the place, except that designated smoking areas shall not be allowed in: (1) Elevators, public conveyances, health care clinics, public meetings, or libraries which are open to the public; or (2) other places already prohibited by other rule, ordinance, or regulation.
B. 
Criteria. Where smoking areas are designated, existing physical barriers and ventilation systems shall be used to minimize the toxic effect of smoke in adjacent non-smoking areas. The size of the designated smoking area shall not be more than proportionate to the preference of the users specifically requesting the smoking area, as can be demonstrated by the proprietor or other person in charge.
C. 
Single room public place. In the case of public places consisting of a single room, the provisions of this law shall be considered met if a portion of the room is reserved and posted as a designated smoking area. No public place, restaurant, or City work place, other than a cocktail lounge, tavern, or bowling center, shall be designated as a smoking area in its entirety. If a cocktail lounge, tavern, or bowling center is designated as a smoking area in its entirety, such designation shall be posted conspicuously on all entrances normally used by the public.
(Ord. 24207 § 1, 1988-09-27)
A. 
Proprietors, employers, or other persons having control of a place regulated under this chapter shall make every reasonable effort to prohibit smoking in public places, City work places, public meetings, and no smoking areas in restaurants by:
1. 
Posting signs prohibiting or permitting smoking as appropriate under this chapter. Signs shall be posted conspicuously at each entrance and in prominent locations throughout the place. The boundary between a nonsmoking area and a designated smoking area shall be clearly designated, so that persons may differentiate between the two areas;
2. 
Making every reasonable effort to inform patrons that designated non-smoking areas are available for their preference, including, but not limited to, posting signs not less than three inches by eight inches in a conspicuous place in the reception area informing patrons of dining areas available for non-smokers;
3. 
Requesting that patrons smoke only in smoking designated areas;
4. 
Asking smokers to refrain from smoking upon request of a client, patron, or employee suffering discomfort from the smoke;
5. 
Informing the public and/or employees orally that separate smoking and non-smoking areas are available; and
6. 
Any other means which may be appropriate.
(Ord. 24207 § 1, 1988-09-27)
A. 
Each non-City employer who operates an office work place in the City of Tacoma shall, within three months of adoption of this chapter, adopt, implement, and maintain a written smoking policy which shall be conspicuously posted in all office work places under the employer’s jurisdiction and which shall contain, at a minimum, the following provisions and requirements:
1. 
Any nonsmoking employee may object to his or her employer about smoke in his or her office work place. The employer shall attempt to reach a reasonable accommodation, insofar as possible, between the preferences of non-smoking and smoking employees. However, an employer is not required by this chapter to make any expenditures or structural changes to accommodate the preferences of non-smoking and smoking employees.
2. 
If an accommodation which is satisfactory to all affected non-smoking employees cannot be reached in any given office work place, the preferences of non-smoking employees shall prevail, and the employer shall prohibit smoking in the office work place of the affected non-smoking employees to the end that those employees may work in a smoke-free environment. Where the employer prohibits smoking in a non-City office work place, the area in which smoking is prohibited shall be clearly marked with signs.
B. 
The smoking policy shall be announced within three weeks of application to all employees working in non-City office work places in the City of Tacoma and posted conspicuously in all office work places under the employer’s jurisdiction.
(Ord. 24207 § 1, 1988-09-27)
A. 
Warnings and civil penalties. When violations of this chapter occur, a warning shall first be given to the person or persons violating this chapter. Any subsequent violation shall subject the offender to a civil penalty as provided for herein. Any person violating this chapter by smoking in a place in which smoking is prohibited herein, or by removing, defacing, or destroying any sign posted in compliance with this chapter, is subject to a civil penalty of up to $100.00. The Tacoma Police Department and Tacoma Fire Department shall enforce this Section by issuing a notice of infraction to be assessed in the same manner as traffic infractions.
1. 
The provisions contained in Chapter 46.63 RCW for the disposition of traffic infractions apply to the disposition of infractions for violations of this subsection, except as follows:
a. 
The provisions in Chapter 46.63 RCW relating to the provision of records to the department of licensing in accordance with RCW 46.20.270 are not applicable to this chapter, and
b. 
The provisions in Chapter 46.63 RCW relating to the imposition of sanctions against a person’s driver’s license or vehicle license are not applicable to this chapter.
c. 
The form for notice of infraction for a violation of this chapter shall be prescribed by rule of the Supreme Court.
2. 
Any proprietor, employer, or other person intentionally violating this chapter by not complying with its provisions may be subject to a civil fine of up to $500.00, which penalty shall be assessed and recovered in a civil action brought in the name of the people of the City of Tacoma in any court of competent jurisdiction. Each day upon which a violation occurs or is permitted to continue constitutes a separate violation. The Tacoma-Pierce County Health Department shall enforce this chapter by either of the following actions:
a. 
Serving notice requiring the correction of any violation;
b. 
Calling upon the City Attorney to maintain an action to assess and recover a civil penalty for the violation.
B. 
Enforcement. The Tacoma-Pierce County Health Department shall have primary compliance and enforcement responsibility for the provisions of this chapter and shall coordinate compliance and enforcement with the Fire Department of the City of Tacoma when necessary.
C. 
In undertaking the enforcement of this chapter, the City of Tacoma is assuming and undertaking only to promote the general welfare. Is it not assuming, nor is it imposing upon its officers and employees, an obligation for breach of which it is liable in money damages to any person who claims that such breach proximately caused injury.
(Ord. 24207 § 1, 1988-09-27)
If any provision of this chapter or its application to any person or circumstance is held unconstitutional or invalid for any reason, the remainder of the chapter or the application of the provision to other persons or circumstances shall not be affected.
(Ord. 24207 § 1, 1988-09-27)