§ 8.68.090. Smoking prohibited—Eating establishments, bars, and outdoor dining areas.

A.

Smoking is prohibited and is unlawful in every publicly or privately owned enclosed eating establishment, including bars and restaurants.

B.

Smoking is prohibited and is unlawful in all outdoor dining areas as defined in Subsection 8.68.020.P, except after 11:00 P.M. This Subsection is not intended to regulate smoking in the following places and under the following conditions:

1.

A non-enclosed area of a drinking establishment, such as a bar, that sells or offers for sale alcoholic beverages pursuant to a license from the Department of Alcoholic Beverage Control (ABC), limits entry to patrons age eighteen (18) and older, and where food service, if any, is only incidental to the sale of alcoholic beverages. For purposes of this paragraph, a drinking establishment shall not include a business with an ABC license type 41 or type 47, both of which are issued to restaurants and require substantial sales of meals for consumption on the premises.

2.

A non-enclosed area of any eating establishment, including bars and restaurants, for which that limited outdoor area is designated for smoking during a special event pursuant to a special event permit issued by the City under Chapter 5.60 of this Code. Unless otherwise authorized by the City Manager in his/her sole discretion, a special event under this Subsection shall not last longer than ten (10) consecutive calendar days at one (1) site, and shall be limited to not more than twice in any calendar year at any one (1) site.

C.

Establishments that are exempt from Subsection B above, and which maintain an outdoor dining area, shall maintain a contiguous no smoking area of not less than two-thirds (2/3) of both the outdoor seating capacity or the outdoor floor space in which customers are being served.

( ORD-18-0032 § 5, 2018; ORD-14-0003 § 2, 2014)