§ 22-116. Regulation of smoking in food establishments.

(a)

A food establishment which has indoor or enclosed dining shall provide separate dining areas for smoking and nonsmoking patrons.

(b)

A nonsmoking area must:

(1)

Be separated, where feasible, from smoking areas by a minimum of four feet of contiguous floor space;

(2)

Be ventilated, where feasible, and situated so that air from the smoking area is not drawn into or across the nonsmoking area;

(3)

Be clearly designated by appropriate signs visible to patrons within the dining area indicating that the area is designated nonsmoking;

(4)

Have ashtrays or other suitable containers for extinguishing smoking materials at the perimeter of the nonsmoking area; and

(5)

Be adequate in size to provide for the seating of all patrons who desire to be seated within a nonsmoking section.

(c)

Each food establishment which has a dining area shall:

(1)

Have and implement a written policy on smoking which conforms to this article;

(2)

Make the policy available for inspection by employees and the director or his authorized representatives; and

(3)

Have reasonably sized signs at the establishment's entrance indicating that nonsmoking seating is available.

(d)

Nondining areas of any food establishment affected by this section to which patrons have general access, including, but not limited to, food order areas, food service areas, restrooms, and cashier areas, shall be designated as nonsmoking areas.

(e)

It is a defense to prosecution under this section that the food establishment is:

(1)

An establishment which has indoor seating arrangements for less than 20 patrons;

(2)

An establishment which has more than 80 percent of its annual gross sales in alcoholic beverages;

(3)

A physically separated bar area of a food products establishment otherwise regulated; or

(4)

Providing a designated nonsmoking section for its patrons which are a minimum of 50 percent of the total seating capacity of the establishment.

(f)

A person commits an offense if he smokes or possesses a burning tobacco, weed or other plant product in an area of a food products establishment designated as nonsmoking.

(Code 1978, § 21.5-3; Code 1993, § 42-134)