Section 11-291 Exemptions.
Prior to the adoption of Ord. 19252 on 10/09/2006, Section 11-291 read as follows.
(a) Except as otherwise provided in subsection (b), the restrictions
of this article shall not
Areas which are specifically designated as smoking areas in accordance with this article;
An entire room or hall which is used for private social functions, provided that the
arrangements are under the control of the sponsor of the function and not of the proprietor or
person in charge of the place
room or hall has a separate ventilation system or negative pressure
vented to the outside and provided that no employees of the establishment are exposed to smoke
(3) Limousines for hire and taxicabs, when the driver and all passengers
to smoking in such vehicle;
) A private, enclosed office
that has a ventilation system that is not shared with non-smoking offices and that is
occupied exclusively by smokers
, even though such office may be
visited by non-smokers, except where smoking is otherwise prohibited by law, and provided that
This exemption does not apply to offices that are visited by members of the public or by non-smoking
employees of the business.
his exemption shall not be construed to permit smoking in the reception areas of lobbies or
offices or in any building owned or managed by the city with the exception of airport buildings
that are leased or owned by private commercial enterprises
, provided that
his exemption does
not permit individuals
on said premises
to smoke in hazardous areas that may exist within
(5) Hospitals may accommodate smoking patients by providing smoking patient
) Performers upon the stage, provided that the smoking is part of a
Places where more than fifty (50) percent of the volume of trade or business carried on is
that of the blending of tobaccos, or sale of tobaccos, pipes, cigars or smokers' sundries
stores which are used primarily to sell tobacco products and accessories and in which the sale of
other products is merely incidental
(8) Restaurants which seat fewer than fifty (50) persons and which conspicuously
that non-smoking areas are unavailable;
(9) Bars, taverns, lounges.
(5) Membership associations that meet the following criteria:
a. The association is a private, not for profit organization formed before
April 1, 2006; and
b. The association is organized primarily for the benefit of its members;
c. Association members pay dues; and
d. The association is managed and operated by a board consisting entirely
of its own members;
e. The association is organized primarily as a recreational, fraternal, athletic,
religious or kindred association; and
f. The association is not primarily engaged in preparing and serving food
beverages by the drink; and
g. All operational duties of the association, other than professional duties,
are performed by
members of the association who are not compensated for performing such duties.
h. This exemption shall not apply to any activities to which the general public is invited.
(6) Patio areas of any restaurant, bar or other commercial establishment designated
owner or operator of the business as a smoking area; provided, that no more than fifty percent
(50%) of the patio area shall be designated as a smoking area and no area shall be designated as a
smoking area if it must be crossed to obtain access to a nonsmoking area or a restroom.
(b) The proprietor or person having
control of an area which is otherwise exempt from the
provisions of this article may apply the provisions of this article to such area by posting a "No
Smoking" sign or a sign with the international "No Smoking" symbol in the area in accordance
with the provisions of section 11-293.
(Ord. No. 11375, § 1, 2-16-87; Ord. No. 12777, § 1, 10-22-90; Ord. No.
14736 § 1, 1-16-96)