§ 97.03. Prohibition of smoking in public places.

(A)

Smoking shall be prohibited in all enclosed public places within the Town, including, but not limited to, the following places:

(1)

Restrooms;

(2)

Retail stores and service facilities, except areas in said stores not open to the public;

(3)

Retail food marketing establishments, including grocery stores and supermarkets, except areas thereof not open to the public, which may be otherwise regulated by this chapter;

(4)

All areas available to and customarily used by the general public in all businesses and nonprofit entities patronized by the public, including, but not limited to, business offices and banks;

(5)

Restaurants, provided, however, that this prohibition does not prevent the designation of a contiguous area within a restaurant that contains a maximum of 50 percent of the seating capacity of the restaurant as a smoking area, or providing separate rooms designated as smoking rooms, so long as said rooms do not contain more than 50 percent of the seating capacity of the restaurant;

(6)

Public areas of libraries;

(7)

Every room, chamber, and place of meeting or public assembly and polling places, including school buildings under the control of any board, council, commission, committee or agencies of the Town or any political subdivisions of the state during such time as a public meeting is in progress, to the extent such place is subject to the jurisdiction of the Town.

(B)

Notwithstanding any other provision of this section, any owner, operator, manager, or other person who controls any establishment described in this section may declare that the entire establishment is a nonsmoking establishment.

(1975 Code, § 5-13.03) (Ord. 1990-439, effective 11-9-90)

Cross reference

Penalty, see § 97.99.