A. 
Except as otherwise permitted by this article, no person shall smoke or carry a lighted cigar, cigarette, electronic cigarette, pipe or any other form of smoking object or device in any indoor area open to the public, including but not limited to:
(1) 
Areas in which smoking is prohibited by Article 13-E of the Public Health Law.
(2) 
Taxicabs and limousines.
(3) 
All schools, including elementary and secondary schools, colleges and other education and vocational institutions.
B. 
Food service establishments. The owner, operator, manager or other supervisory personnel of a food service establishment:
(1) 
Shall designate a contiguous nonsmoking area of at least 75% of a food service establishment's indoor seating capacity for dining.
(2) 
Shall prominently post notice of the smoking policy at each entrance to the food service establishment, and each patron shall be given an opportunity to state his or her seating preference.
(3) 
May designate a smoking area. Any such designated indoor smoking area shall be:
(a) 
Separated from the nonsmoking area by a wall or partition of at least 72 inches in height with appropriate openings for ingress and maintained at a negative pressure with respect to adjacent areas so that tobacco smoke does not escape. Air into the smoking area shall be supplied at a minimum ventilation rate of 20 cubic feet of air per minute per person and may be supplied by transfer air from other areas in the restaurant. Air from the smoking area shall be exhausted to the outside of the building unless filtered before recirculation; or
(b) 
In a completely separate and enclosed room.
(c) 
In the event that customer demand for a smoking section during a particular social or business function, such as a meeting of an organization or club, exceeds 25% of the seating area of the food service establishment, then the owner, operator, or manager of the food service establishment may designate, for the duration of the function only, a larger smoking section, subject to the requirements of this legislation, but in no event shall such designation at any time exceed 50% of the indoor seating capacity of the food service establishment. Upon the conclusion of any such meeting, the owner, operator, or manager of the food service establishment shall immediately redesignate a continuous nonsmoking area of 75% of the food service establishment's indoor seating capacity, subject to the requirements of this legislation.
(4) 
May designate the entire food service establishment a nonsmoking area.
(5) 
Notwithstanding any other provision of this article to the contrary, a food service establishment with a seating capacity of greater than 25 persons, and less than 35 persons, shall designate a contiguous nonsmoking area sufficient to meet customer demand. Food service establishments may not determine that no such demand exists. If an establishment designates 50% of its seating capacity as a nonsmoking area, customer demand shall be deemed to have been met.
C. 
Sports arena/recreational facility. The owner, operator, manager or other supervisory personnel of a sports arena or recreational facility may designate a contiguous area of its facility for smoking as set forth herein:
(1) 
With respect to bowling alleys, smoking is prohibited in the bowling settee area, the area occupied by bowlers while bowling and keeping score. Smoking may be permitted in a separate area of the concourse, the area directly behind the bowling settee area, so long as said separate area does not constitute more than 25% of the floor space of the concourse area; or
(2) 
May designate a separate, fully enclosed smoking room; or
(3) 
May designate the sports arena or recreational facility as a nonsmoking area.
D. 
Workplace. Each employer shall adopt and implement a smoking policy which shall be in writing, and prominently displayed at the workplace, requiring, at least, the following:
(1) 
All nonsmoking employees shall be provided with a smoke-free work area.
(2) 
All cafeterias, lunch rooms, lounges, and other areas where employees engage in the consumption of food and beverages shall have a contiguous nonsmoking area of at least 75% of the seating capacity of such room, and the smoking area shall be separated from the nonsmoking area by partitions, providing for ingress and egress from said smoking area, of at least 72 inches in height.
(3) 
Smoking shall be prohibited in auditoriums, gymnasiums, rest rooms, elevators, classrooms, hallways, employee medical facilities, mail rooms, and rooms or areas which contain photocopying equipment and equipment of similar nature used in common, and in company vehicles occupied by more than one occupant unless all the occupants of said vehicle agree that smoking may be permitted.
(4) 
Smoking shall be prohibited in conference rooms and meeting rooms.
(5) 
The employer may designate a separate enclosed room, not open to the public, for use as a smoking area, except when all persons present agree that smoking shall be permitted.
(6) 
Private, enclosed offices may be designated as smoking areas, so long as all the occupants of said office agree that smoking may be permitted.
(7) 
Employers will provide a written copy of its smoking policies to each employee.
(8) 
An employer shall not be required to expend any money or create any structural changes to create a nonsmoking area.
(9) 
Any provisions in a smoking policy that are more restrictive than the minimum requirements set forth in this Subsection D shall, if a collective bargaining agreement exists, be subject to the applicable law governing collective bargaining.
A. 
Posting of "smoking" signs or "no smoking" signs 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 prominently and conspicuously posted in every place where smoking is regulated by this article by the owner, operator, manager or other person having control of such place. Such signs shall be protected from tampering, damage, removal or concealment.
B. 
Advertising for tobacco products or for cigars, cigarettes, electronic cigarettes, pipes or any other forms of smoking objects or devices is hereby prohibited on any property owned by the County of Rockland.
Smoking restrictions in this article will not apply to:
A. 
Private homes, private residences and private automobiles.
B. 
Any indoor area where private social functions are being held when seating arrangements are under the control of the sponsor of the function and not the owner, operator, manager, supervisor or other person in charge of such indoor area.
C. 
Any indoor area open to the public exclusively reserved for conventions and trade shows if the sponsor or organizer of such convention or trade show gives prominent notice in any promotional material or advertisements that smoking will not be restricted, and prominently posts such notices at all entrances to the convention or trade show advising the public that smoking will not be restricted.
D. 
Hotel and motel rooms rented to guests.
E. 
Retail tobacco or electronic cigarette stores where the sale of items other than tobacco products or electronic cigarettes is only incidental.
F. 
Bars and bar areas of food service establishments.
G. 
Outdoor areas of food service establishments.
H. 
Any food service establishment which has a seating capacity of fewer than 35 people.
I. 
Wholly enclosed private boxes in indoor sports arenas.
J. 
Notwithstanding anything to the contrary contained herein, this legislation shall not be construed to permit smoking in any building, premises, restaurant or portion thereof in which smoking was prohibited by law prior to the passage of this legislation.
A. 
Nothing in this article shall be construed to deny the owner, operator, manager or person in charge of a place covered by this article the right to designate the entire place, or any part thereof, as a nonsmoking area.
B. 
Any questions concerning the construction of this article shall be resolved in a manner which will provide the greater protection to nonsmokers.
C. 
Smoking may not be permitted where prohibited by any law, rule or regulation of the state or any of its agencies having jurisdiction thereof or any political subdivision of Rockland County.
D. 
The owner, operator, manager or person in charge of a place covered by this article shall request compliance with this article by all persons in such place.
A. 
The Rockland County Health Commissioner or a person specifically designated by him or her to grant waivers pursuant to this article may grant a waiver from the application of a specific provision of this article, provided that, prior to the granting of any such waiver, the applicant for a waiver shall establish that compliance with a specific provision of this article would cause the applicant undue financial hardship or that other factors exist which would render strict compliance unreasonable.
B. 
Every waiver granted shall be subject to such conditions or restrictions as may be necessary to minimize the adverse effects of the waiver upon persons subject to an involuntary exposure to secondhand smoke and to ensure that the waiver is consistent with the general purpose and intent of this article.
C. 
Waivers pursuant to this section shall be valid for a period of not more than 24 months and may be renewed upon application. Applications for renewal shall be reviewed in the same manner as provided for applications for waiver.
A. 
A violation of any provision of this article shall constitute a violation punishable on conviction for a first offense by a fine not exceeding $150 and for a second or subsequent offense by a fine not exceeding $300.
B. 
Notwithstanding any other provision to the contrary, any person who violates a provision of this article shall be subject to the imposition of a civil penalty by the Commissioner of Health in an amount not exceeding $300. The penalty provided for by this article may be sued for and recovered by the Commissioner of Health in the name of the County of Rockland in any court of competent jurisdiction. No civil penalty shall be imposed as provided for herein unless the alleged violator has received notice of the charge against him and has had an opportunity to be heard as provided for in Article I of the Rockland County Sanitary Code.