ORD 1262 - Laserfiche WebLink

"immediate work area". The employer shall formulate restrictions or prohibitions upon smoking which accommodate the reasonable preferences and needs of the nonsmoking employees in relation to the nuisance and health impacts of the smoking upon such nonsmokers. (3) In any dispute arising under a smoking policy, the rights of the nonsmoker shall be given precedence. (4) Provision and maintenance of a separate and contiguous nonsmoking area of not less than 40% of the seating capacity and floor space in cafeterias, lunchrooms and employee lounges. (5) The smoking policy shall be communicated to all employees within twenty (20) days of its adoption, and at least annually thereafter. (6) Notwithstanding the provisions of Subsection A of this section, every employer shall have the right to designate any place of employment or portion thereof, as a nonsmoking area or adopt regulations which are more restrictive than those provided herein. Section 6: Optional Smoking Areas. Notwithstanding any other provisions of this ordinance to the contrary, the following areas shall not be subject to the smoking restrictions of this ordinance: A. Private residences; B. Bars; C. Hotel and motel rooms rented to guests; D. Retail stores that deal exclusively in the sale of tobacco and smoking paraphernalia; E. Restaurants, hotel and motel conference or meeting rooms, and public and private assembly rooms while these places are being used for private functions; F. A private residence which may serve as a place of employment; G. Restaurants having seating capacity of 49 or less persons; H. A private enclosed place occupied exclusively by smokers, even though such a place may be visited by nonsmokers, and private enclosed offices, excepting places in which smoking is prohibited by the Fire Department or by any other law, ordinance or regulation. - 4 -