O-2016-3648 Amendment to Chapter 34 of the La Porte Code of Ordinances to Add Vaping

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(1) Private residences, except when used as a child care, adult day care, or health care facility. (2) Hotel and motel rooms that are rented to guests and are designated as smoking rooms; provided, however, that not more than 35 percent of rooms rented to guests in a hotel or motel may be so designated. All smoking rooms on the same floor must be contiguous, and smoke from these rooms must not infiltrate into areas where smoking is prohibited under the provisions of this article. The status of rooms as smoking or nonsmoking may not be changed, except to add additional nonsmoking rooms. Signs shall be placed on the doors of each smoking room and on each no smoking room showing the designation of each room. Signs shall be in accordance with section 34- 59, Posting of signs. (3) Retail tobacco stores and retail electronic vaping stores provided that smoke from these establishments does not infiltrate into areas where smoking is prohibited under the provisions of this division. (4) Tobacco bars in operation on or before May 1, 2013 provided that the establishment clearly and conspicuously post a sign(s) at each entrance, in English, stating "SMOKING PERMITTED" in letters that shall have a height of not less than one inch. (5) Private functions and/or private clubs (not otherwise open to the general public) for the sole benefit of and in facilities owned or operated by a non-profit organization that is tax-exempt under Section 501(c)(3) of the Internal Revenue Code. (6) Stage areas of enclosed theaters, if smoking is an integral part of a theatrical performance. (7) Bars, where the serving of alcoholic beverages for consumption by guests on the premises derives at least 60 percent of annual gross revenues from the sale of alcoholic beverages for on premise consumption, including, but not limited to, any tavern, nightclub, cocktail lounge, or cabaret; and a. Entry is limited to anyone who is at least 21 years of age; b. The establishment is sealed such that smoke from the establishment cannot infiltrate into areas where smoking is prohibited under the provisions of this division; c. A sign must be clearly and conspicuously posted at each entrance in English stating "SMOKING PERMITTED" in letters that shall have a height of not less than one inch. Sec. 34-58. - Declaration of establishment as nonsmoldng. Notwithstanding any other provision of this article, an owner, operator, manager, or other person in control of an establishment, facility, or outdoor area may declare that entire establishment, facility, or outdoor area as a nonsmoking place. Smoking shall be prohibited in any place in which a sign conforming to the requirements of subsection (a) of section 34-59 of this Code is posted. Sec. 34-59. - Posting of signs. j (a) The owner, operator, manager, or other person in control of a public place or place of employment Ij shall clearly and conspicuously post "No Smoking" signs in English (and, if desired, any other language such person may choose) 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) in every public place and place of employment where smoking is prohibited by this division. (b) The owner, operator, manager, or other person in control of a public place or place of employment shall conspicuously post at every public entrance thereto a sign clearly stating that smoking is prohibited therein. Such signs shall conform to the requirements set out in paragraph (a) of this section.