04-10-10 Special Called City Council Retreat Meeting

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~,,,,,- Smoking Regulations Page 6 (b) Structural or physical modifications. The proprietor or person in charge is not required to make structural or physical modifications to accommodate the smoking area, but existing physical barriers and ventilation systems shall be used to minimize the effect of smoke in adjacent nonsmoking areas. (c) Policy development. Each employer who operates a place of employment shall develop, implement and maintain a written smoking policy that accommodates the wishes of smoking and nonsmoking employees by designating smoking and nonsmoking areas. If a dispute arises, the preferences of nonsmokers shall be accommodated. Upon request, the city shall assist employers in developing and implementing such written smoking policy. The city shall develop a model or suggested written smoking policy, and distribute the policy upon request to all employers in the city, for their use and guidance in developing and implementing their own written smoking policy. This division does not prohibit an employer from designating a place of employment in its entirety as a nonsmoking area. Each employer in the city shall develop and implement a written smoking policy no later than December 31, 1990. (d) Ventilation and seating arrangements. It shall be the responsibility of an owner of nonresidential buildings constructed after March 26, 1990, to establish proper and adequate ventilation and seating arrangements to accommodate smokers and nonsmokers. ( e) Restaurants with seating capacity of more than 25. The proprietor or person in charge of a restaurant that has a seating capacity for more than 25 persons, and that wants to have smoking and nonsmoking areas shall designate a smoking area proportionate in size to the number of customers normally requesting a smoking area. This division does not prohibit a proprietor or person in charge from designating a restaurant in its entirety as a nonsmoking area. (f) Areas unfit for smoking. A smoking area may not be designated in: (1) An elevator; (2) A bus; (3) A public means of mass transportation; (4) A restroom; (5) A service line, cashier area, over-the-counter sales area or common traffic area; (6) A place in which smoking is prohibited by the fire marshal of the state or a political subdivision or by other law, ordinance or rule; (7) A public school facility; (8) A theater or movie house; (9) A library; (10) A museum; or (11) A hospital.