§ 11-10-3.1. Designated no-smoking areas in restaurants.

(a)

Every restaurant with a seating capacity of greater than 40 seats shall have one (1) or more indoor designated no-smoking areas in which smoking shall be prohibited. Such no-smoking area or areas shall consist of at least 25 percent of the indoor seating capacity of the restaurant; provided, that no single no-smoking area shall consist of fewer than 10 seats or six percent (6%) of the indoor restaurant seating capacity, whichever is larger.

(b)

Every restaurant with a seating capacity of 40 or fewer seats shall have a single indoor designated no-smoking area in which smoking shall be prohibited. Such no-smoking area shall consist of at least 25 percent of the indoor seating capacity of the restaurant.

(c)

Notwithstanding the provisions of subsections (a) and (b), every restaurant for which a special use permit is approved pursuant to title 7, chapter 6 of this code after April 22, 1988, shall have one (1) or more indoor designated no-smoking areas in which smoking shall be prohibited. Such no-smoking area or areas shall consist of at least 50 percent of the indoor seating capacity of the restaurant; provided, that no single no-smoking area shall consist of fewer than 10 seats or 12 percent of the restaurant indoor seating capacity, whichever is larger; provided further, that the no-smoking area or areas of a restaurant subject to this subsection which meets the indoor air quality standards of the American Society of Heating, Refrigerating and Air Conditioning Engineers shall be required only to consist of at least 25 percent of the restaurant indoor seating capacity in which case the provisions in subsection (a) regarding the minimum size of no-smoking areas shall apply.

(d)

Any restaurant with outdoor seating shall have one (1) or more designated outdoor no-smoking areas in which smoking shall be prohibited. Such no-smoking area or areas shall consist of at least 25 percent of the outdoor seating capacity of the restaurant; provided, that no single no-smoking area shall consist of fewer than 10 seats or 10 percent of the outdoor seating capacity of the restaurant, whichever is larger.

(e)

Every restaurant shall make a good faith effort to designate one (1) or more no-smoking areas in patron waiting areas.

(f)

Any restaurant required by this section to designate one (1) or more no-smoking areas shall post conspicuous signs which inform all patrons of the existence of the no-smoking areas, and shall inform its patrons of the boundaries of the no-smoking areas by such posted signs, by signs placed on individual dining tables or verbally by restaurant personnel.

(g)

For purposes of this section, neither the indoor seating capacity nor the outdoor seating capacity of a restaurant shall include any bar or lounge area, and such areas shall not be required to contain any designated no-smoking area. (Ord. No. 3270, 1/26/88, Sec. 3)