Sec. 22.1-5. Designated no-smoking areas in restaurants.
(a) Any restaurant having a seating capacity for forty (40) or more persons shall have a designated no-smoking area sufficient to meet customer demand and comprising at least twenty-five percent (25%) of the seating capacity of such restaurant. The designated no-smoking area shall be located in a separate room if one is available in the restaurant or, if no separate room is available, it shall be located in a compact and contiguous area as far removed from areas where smoking is permitted, and closest to the best source of ventilation, as is reasonably possible under applicable building code and fire regulations. In determining whether the designated non-smoking area is of sufficient size to comply with this ordinance, seats in any room or area which is closed for business at the time of determination shall not be counted.
(b) In determining whether a restaurant is subject to the provisions of paragraph (a), the following shall not be included:
(1) Seats in the bar or lounge area of a restaurant.
(2) Seats in any separate room of a restaurant which is used exclusively for private functions.
(3) Seats located out-of-doors.
(c) Any restaurant required to have a designated no smoking area shall post signs in accordance with the provisions of Section 22.1-8 at each entrance to the establishment indicating that a no smoking area is available. (Ord. No. O-89-173, § 1, 6-27-89)
Last updated date: 10/23/2006 4:15:21 PM