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<br />. <br /> <br />e <br /> <br />ORDINANCE NO. l695 <br /> <br />Page 3 <br /> <br />(B) in a public place for which a waiver has been granted <br />under section {h)2 of this ordinance~ or <br />(C) as a participant in an authorized theatrical <br />performance. <br /> <br />(c) penalty. An offense under this section is a misdemeanor, <br />and any person who shall violate any provision of this <br />section shall, upon conviction, be punished by a fine not <br />to exceed Two Hundred Dollars ($200.00). <br /> <br />(d) Designation of smoking areas. <br /> <br />1. Except as provided by subsection 5 of this section, a <br />proprietor or person in charge of a public place who <br />desires to permit persons in the public place to smoke <br />shall designate areas as smoking areas. If the public <br />place is a government building, the governmental entity <br />responsible for managing and maintaining the building may <br />designate areas as smoking areas. <br /> <br />2. The proprietor or person in charge is not required to make <br />structural or physical modifications to accommodate the <br />smoking area, but existing physical barriers and <br />ventilation systems shall be used to minimize the effect <br />of smoke in adjacent nonsmoking areas. <br /> <br />3. Each employer who operates a place of employment shall <br />develop, implement, and maintain a written smoking policy <br />that accommodates the wishes of smoking and nonsmoking <br />employees by designating smoking and nonsmoking areas. If <br />a dispute arises, the preferences of nonsmokers shall be <br />accomodated. Upon request, the City shall assist <br />employers in developing and implementing such written <br />smoking policy. The City shall develop a model or <br />suggested written smoking policy, and distribute the same <br />upon request to all employers in the City, for their use <br />and guidance in developing and implementing their own <br />written smoking policy. This ordinance does not prohibit <br />an employer from designating a place of employment in its <br />entirety as a nonsmoking area. Each employer in the City <br />shall develop and implement a written smoking policy no <br />later than December 31, 1990. <br /> <br />4. It shall be the responsibility of an owner of non- <br />residential buildings constructed after passage of this <br />ordinance to establish proper and adequate ventilation and <br />seating arrangements to accommodate smokers and <br />nonsmokers. <br /> <br />5. The proprietor or person in charge of a restaurant that <br />has a seating capacity for more than 25 persons, and that <br />wants to have smoking and nonsmoking areas shall designate <br />a smoking area proportionate in size to the number of <br />customers normally requesting a smoking area. This <br />ordinance does not prohibit a proprietor or person in <br />charge from designating a restaurant in its entirety as a <br />nonsmoking area. <br /> <br />6. A smoking area may not be designated in: <br /> <br />(A) an e1evator1 <br />(B) a bUS1 <br />(C) a public means of mass transportation~ <br />(D) a rest room1 <br />(E) a service line, cashier area, over-the-counter sales <br />area, or common traffic area~ <br />(F) a place in which smoking is prohibited by the fire <br />marshal of the state or a political subdivision or by <br />other law, ordinance or rule~ <br />