§ 10-1106. SMOKING OPTIONAL AREAS.

(a)

Notwithstanding the provisions of Section 9-1605, the operator of a public place may permit smoking in bars, retail tobacco stores, and in convention facilities, conference, meeting or assembly rooms of restaurants, hotels, motels and convention halls when used for private functions.

(b)

Smoking may be permitted in a semi-private room of a health care facility if all patients within the room are smokers and request in writing to be placed in a room where smoking is permitted.

(c)

Smoking may be permitted in an area which would otherwise be defined as a public place if such area is separated from the remaining public area, adequately ventilated to assure that smoke will not migrate into areas designated as "no smoking" and no goods or services are available for sale other than those provided through automated machines not requiring the ongoing attention or assistance of a person. Such an area where smoking is permitted must be so designated at all entrances and exits to such area.

(d)

An operator of a public place, which operator is also a charitable organization, may request an exemption from certain provisions of this ordinance by making application therefor on a form available from the Chief Administrative Officer. Such application shall include the provision(s) from which exemption is sought, the reason for the request for exemption and such other information as is deemed appropriate by the Chief Administrative Officer. In order to qualify for an exemption, the reason for the request must include an overriding public purpose which is separate from, and in addition to, the impact of this ordinance on revenue raised or any other aspect of operations. The operator shall post a copy of the application in a conspicuous area of the public place for which exemption is sought and shall certify in the application the date upon which posting was made. Not sooner than ten days after such posting the Chief Administrative Officer, or his/her designee shall conduct a hearing thereon and shall render a decision within ten days after the hearing. The applicant or other interested party may appeal the decision of the Chief Administrative Officer to the City Council within fifteen days of the Chief Administrative Officers's decision. If no appeal is made within such period, the decision of the Chief Administrative Officer shall be final.

(Added Ord. 87-152, § 2, eff. 12-4-87; Am. Ord. 89-26, §§ 2, 3, eff. 3-17-89; Am. Ord. 93-25, § 1, eff. 6-28-94).