Chapter 5-27
REGULATION OF SMOKING
IN CERTAIN PLACES

Sections:

Article 1. Prohibitions

5-27-100    Findings and purposes of chapter.

5-27-105    Definitions.

5-27-110    Smoking prohibited.

5-27-115    Regulation of smoking in the workplace.

5-27-120    Smoking permitted.

5-27-125    Posting of signs.

5-27-130    Unlawful acts.

5-27-135    Enforcement.

5-27-140    Violations.

Article 1. Prohibitions

5-27-100 Findings and purposes of chapter.

The City Council finds and determines that there is an overwhelming body of evidence indicating the adverse effects of tobacco smoke on the health and physical comfort of people. The purposes of this Chapter are to protect the public health and welfare by prohibiting or regulating smoking in certain places and to strike a reasonable balance between the needs of persons who smoke and the needs of nonsmokers to breathe smoke-free air, and to recognize that where the needs conflict, the need to breathe smoke-free air shall have priority.

5-27-105 Definitions.

For the purpose of this Chapter, the following words and phrases shall have the meanings respectively ascribed to them in this Section, unless the context or the provision clearly requires otherwise:

(A) “Bar” means an area or a room utilized primarily for the sale or serving of alcoholic beverages for immediate consumption by guests on the premises and in which the sale or serving of food is merely incidental to the consumption of such beverages. Although a restaurant may contain a bar, the term “bar” shall not include the restaurant dining area.

(B) “Dining area” means an enclosed area containing tables or counters upon which meals are served for immediate consumption by guests on the premises.

(C) “Enclosed” means closed in by a roof and by walls on at least three (3) sides.

(D) “Open to the public” means an enclosed area which is available for use by or accessible to the general public during normal course of business conducted by either public or private entities.

(E) “Restaurant” means any establishment which gives, sells or offers for sale to the public any food for immediate consumption on the premises. The term includes, but is not limited to, any coffee shop, cafeteria, short-order cafe, luncheonette, tavern, cocktail lounge, sandwich stand, soda fountain, public or private lunchroom or dining room. A tavern or cocktail lounge which constitutes a “bar,” as defined in subsection (A) of this Section, shall not be considered a restaurant.

(F) “Retail tobacco store” means a retail establishment engaged primarily in the sale of tobacco products and tobacco accessories and the sale of other products is merely incidental.

(G) “Smoke” or “smoking” means inhaling, exhaling, burning or carrying any lighted tobacco product or other combustible weed, plant or substance.

(H) “Workplace” means an enclosed area of a structure or portion thereof which is utilized primarily for the conduct of a business or other enterprise.

5-27-110 Smoking prohibited.

It shall be unlawful to smoke in any of the following places within the City:

(A) Restaurants. Smoking is prohibited in every restaurant, including any area which is located outdoors.

(B) Health Care Facilities. Smoking is prohibited in all areas open to the public, including lobbies, waiting rooms and hallways, within any public or private hospital, clinic, medical office, nursing or convalescent home or other health care facility; provided, however, such facility may designate separate, contained areas where smoking is permitted. If the facility contains a cafeteria or other form of restaurant, as defined in SJBMC 5-27-105(A), such restaurant shall comply with the regulations set forth in subsection (A) of this Section.

(C) Public Meeting Rooms. Smoking is prohibited in meeting rooms, hearing rooms, conference rooms, chambers and other enclosed places of public assembly in which the business of the City is conducted by any elected or appointed official, council, commission, committee, or board which requires or permits direct participating or observation by the general public.

(D) Public Lobbies and Hallways. Smoking is prohibited in lobbies, hallways and other enclosed areas of City owned or controlled buildings which are open to the public.

(E) Theaters and Auditoriums. Smoking is prohibited within all parts of any building which is used primarily for exhibiting any motion picture, stage drama, performance or other similar performance, which parts are open to the public, and within any room, hall or auditorium that is occasionally used for exhibiting any motion picture, stage drama, dance, musical performance, or other similar performance during the time that said room, hall or auditorium is open to the public for such exhibition; provided, however, that smoking is permitted on a stage when such smoking is part of a stage production.

(F) Museums, Libraries and Galleries. Smoking is prohibited in all areas of museums, libraries, and galleries which are open to the public.

(G) Hotel and Motel Lobbies. Smoking is prohibited in the lobby and registration areas of hotels and motels open to the public.

(H) Public Restrooms. Smoking is prohibited in public restrooms.

(I) Business Establishments. Smoking is prohibited within all enclosed areas open to the public in business establishments providing goods or services to the general public and not otherwise mentioned in this Section, including, but not limited to, retail service establishments, personal service establishments, financial institutions and offices.

(J) Designated Nonsmoking Areas. Notwithstanding any other provision of this Section, any owner, operator, manager or other person who controls the use of any establishment described in this Section may declare that entire establishment as a non-smoking area. In addition, any owner, operator, manager or other person who controls the use of any public or private establishment which is not described in this Section may declare any portion of all of such establishment as a non-smoking area and upon the posting of appropriate signs, smoking shall be prohibited in such areas.

5-27-115 Regulation of smoking in the workplace.

Smoking shall be prohibited in all enclosed facilities within a place of employment without exception. This includes common work areas, auditoriums, classrooms, private offices, elevators, hallways, medical facilities, cafeterias, employee lounges, stairs, restrooms, locker rooms, dressing areas, and all other enclosed facilities.

5-27-120 Smoking permitted.

(A) Smoking is not prohibited within any of the following places:

(1) Standalone bars, not connected to any other uses;

(2) Retail tobacco stores;

(3) An entire room or hall which is used for a private function which function is under the control of the sponsor of the function and not under the control of the owner or manager of the room or hall, but only while such room or hall is used for a private function. The fact that the owner or manager of the room or hall provides food or entertainment to the participants of a private function does not mean that said owner or manager has control of the function;

(4) Hotel and motel rooms rented to guests;

(5) Any portion of a workplace that is not enclosed, with the exception of outdoor dining areas in restaurants;

(6) Any property owned or leased by county, state or federal government entities;

(7) An enclosed place of employment that is not accessible to the public, which employs only the owner and no other employee, provided that the enclosed place of employment does not share a ventilation system with any other enclosed place of employment or public place.

(B) Notwithstanding the foregoing, any owner, operator, manager or other person who controls the use of any public or private establishment or place described in subsection (A) of this Section may voluntarily designate any portion or all of such establishment or place as a nonsmoking area.

5-27-125 Posting of signs.

(A) “Smoking” or “No Smoking” signs, whichever may be applicable, with letters of not less than two inches (2″) in height or the international “No Smoking” symbol (consisting of a pictorial representation of a burning cigarette enclosed by a red circle with a red bar across it) shall be clearly, sufficiently and conspicuously posted in every room, building or other place where smoking is regulated by this Article. In addition, at every public entrance to a restaurant, a sign shall be posted indicating whether the dining area has been divided into smoking and nonsmoking sections or whether smoking has been prohibited or is permitted throughout the entire dining area.

(B) Any ashtray located in a non-smoking area must have a sign conspicuously posted within one foot (1′) of the ashtray with letters of not less than two inches (2″) in height stating “Smoking Prohibited – Extinguish Here,” or language with equivalent meaning.

(C) It shall be the responsibility of the owner, operator, manager or other person who controls the use of any place where smoking is regulated by this Chapter to post the signs required by this Section.

5-27-130 Unlawful acts.

(A) It shall be unlawful for any person to smoke in a place where smoking is prohibited pursuant to this Chapter.

(B) It shall be unlawful for any person who owns, operates, manages or controls the use of any place where smoking is prohibited or regulated under this Chapter to fail to properly set aside required “no smoking” areas; to properly post any signs required by SJBMC 5-27-125; to provide signs for the use of employees in designating their area; to adopt a smoking restriction policy, or to comply with any other requirements of this Chapter.

5-27-135 Enforcement.

The City Manager is authorized to enforce the provisions of this Chapter. Any owner, operator, manager, employee, guest or customer of any establishment regulated by this Chapter shall have the right to inform persons violating this Chapter of the appropriate provisions contained herein.

5-27-140 Violations.

The violation of any provision contained in this Chapter shall constitute an infraction and a public nuisance, subject to the penalties as set forth in SJBMC Title 13.

Legislative History: Ord. 94-11 (7/19/94), 2019-02 (5/21/19).