Sec. 33.1-1. - Legislative purpose and intent.

Based on a substantial body of scientific evidence and on the 1986 Report of the Surgeon General entitled, "The Health Consequences of Involuntary Smoking," the City of Newport News hereby acknowledges that passively inhaled tobacco smoke poses a potential health hazard to persons exposed thereto. The purpose of this chapter is to protect the public health, safety and welfare by regulating the smoking of tobacco in designated public places and places of employment in a manner that recognizes the competing interests of smokers and non-smokers, and the burdens hereby imposed on persons in control of the places so regulated. The regulations contained herein are intended to be viewed as minimum standards and shall not be construed as limiting, in any manner, the authority of persons in control of public places or places of employment to implement more stringent standards applicable to the particular establishment or place of employment.

(Ord. No. 3872-89, § 1)

Sec. 33.1-2. - Definitions.

The following words and phrases shall, for purposes of this chapter, have the meanings respectively ascribed to them:

Bar or lounge area shall mean an area or a room utilized primarily for the sale of alcoholic beverages for consumption by patrons on the premises and in which the sale of food is merely incidental to the sale of alcoholic beverages. Although a restaurant may contain a bar or lounge area, the term "bar" or "lounge area" shall not be construed to encompass an entire restaurant or any dining area.

Child care facility shall mean any facility which is a "child care center" or a "family day care home" as defined by Section 63.1-195 of the Code of Virginia, and any amendments thereto.

Health care facility shall mean any office or institution providing individual care or treatment of diseases, whether physical, mental or emotional, or other medical, physiological conditions, including but not limited to, hospitals, clinics, nursing homes, homes for the aging or chronically ill, laboratories, offices of any physician, dentist, psychologist, psychiatrist, physiologist, podiatrist, optometrist, chiropractor or optician.

Person shall mean any person, firm, partnership, association, corporation, company or organization of any kind.

Public meeting or hearing shall mean any meeting, assembly or hearing held in a public building or building leased for a public purpose which is open to the public for the conduct of the affairs of, and the transaction of business by, any legislative, administrative or advisory body or agency of the city, including boards, commissions, authorities, committees, and any subordinate groups thereof, receiving or expending, and supported in whole or in part by, public funds.

Public place shall mean an enclosed area available for use by, or accessible to, the general public during the normal course of business, conducted by either private or public entities.

Restaurant shall mean any building, structure, or area used as, maintained as, advertised as, or held out to the public to be an establishment where food is made available to be consumed on the premises.

Retail or service establishment shall mean any establishment which offers goods or services for sale to the general public.

Smoke or smoking shall mean the carrying or holding of a lighted pipe, cigar or cigarette of any kind, or any other lighted smoking equipment, or the lighting, inhaling or exhaling of a pipe, cigar, or cigarette of any kind.

Theater shall mean any indoor facility or auditorium, open to the public, which is primarily used for, or designed for, the purpose of exhibiting any motion picture, stage production, musical recital, dance, lecture or other similar performance.

(Ord. No. 3872-89, § 1)

Sec. 33.1-3. - Smoking prohibited in certain public places; exceptions.

(a)

It shall be unlawful for any person to smoke in any of the following public places:

(1)

Elevators, regardless of capacity, except in an elevator located in a single-family dwelling.

(2)

Retail, wholesale discount and service establishments and financial institutions serving the general public, including, but not limited to, department stores, grocery stores, convenience stores, drug stores, clothing stores, shoe stores, hardware stores, banks, savings and loan institutions, hair salons and barber shops.

(3)

Indoor service lines, cashier areas, and counter service area.

(4)

Public restrooms.

(5)

Health care facilities, regardless of capacity.

(6)

Rooms in which a public meeting or hearing is being held.

(7)

Places of entertainment, including, but not limited to, theaters, concert halls, gymnasiums, auditoriums, or other enclosed arenas; except smoking by performers as part of the theatrical production.

(8)

Art galleries, libraries, museums, and similar cultural facilities.

(9)

Educational facilities, whether public or private, in common areas such as classrooms, offices, hallways, libraries, auditoriums, and public meeting rooms.

(10)

Child care facilities.

(11)

Indoor facilities used for recreational purposes, including, but not limited to, bingo halls, bowling centers, and skating rinks.

(12)

Any part of a restaurant designated a "no smoking" area pursuant to the provisions of this chapter.

(13)

Buildings owned or leased by the city or the school board used for public purposes with the exception of lawfully designated smoking areas.

(14)

Meeting houses, community centers, and similar facilities open to the public at large.

(15)

Vehicles owned or leased by the city used regularly for public transportation including, but not limited to, transit buses and school buses.

(b)

Notwithstanding the provision set forth in paragraph (a) above, the owner or person in charge of any building, structure, space, place or area in which smoking is prohibited may designate separate rooms or areas in which smoking is permitted, provided that:

(1)

The designated smoking area should preferably be limited to twenty-five (25) percent, but in any event shall not exceed fifty (50) percent of that portion of the building, structure, space, place or area open to the general public.

(2)

Notwithstanding the fifty (50) percent limitation, the designated smoking area may not encompass any area outlined in subsections (a)(1), (3), (4), (6), (12) and (15).

(3)

Designated smoking areas shall be separate to the extent reasonably practicable from those rooms or areas entered by the public in the normal course of use of the particular business or institution.

(4)

In designated smoking areas, ventilation systems shall be required and be adequate to minimize the permeation of smoke into no smoking areas, and physical barriers shall be constructed when reasonably practicable for said purpose.

(Ord. No. 3872-89, § 1)

Sec. 33.1-4. - Designated no smoking areas in restaurants.

(a)

Any restaurant having a seating capacity of fifty (50) or more persons shall have a designated no smoking area sufficient to meet customer demand. The designated no smoking area shall be located in a separate room if one is available or, if no separate room is available, in a compact and contiguous area as far removed from areas where smoking is permitted and closest to the best source of ventilation as reasonably possible under applicable building, fire and City Code regulations.

(b)

Any restaurant required to have a designated no smoking area shall post signs in accordance with the provisions of section 33.1-6 at each entrance to the establishment indicating that a no smoking area is available.

(Ord. No. 3872-89, § 1)

Sec. 33.1-5. - Where smoking not regulated.

This chapter is not intended to regulate smoking in the following places or under the following conditions:

(1)

Bars and lounge areas.

(2)

Retail tobacco stores.

(3)

Restaurants, conference or meeting rooms, and public or private assembly rooms while these places are being used exclusively for private functions.

(4)

Office or work areas which are not shared work areas and which are not entered by the public in the normal course of business or use of the premises.

(5)

Private hospital rooms.

(6)

Areas of enclosed shopping centers or malls that are external to the retail stores and are used by customers as a route of travel from one (1) store to another, and that consist primarily of walkways and seating accommodations.

(Ord. No. 3872-89, § 1)

Sec. 33.1-6. - Posting of signs.

(a)

Any person who owns, manages or otherwise controls any building or area in which smoking is regulated by this chapter shall post in an appropriate place in a clear, conspicuous, and sufficient manner "Smoking Permitted" signs or "No Smoking" signs (or a sign displaying the international "No Smoking" symbol consisting of a pictorial representative of a burning cigarette enclosed in a red circle with a red bar across it). Print on such signs shall be at least one (1) inch in height and the international symbol, if used, shall have a circle of at least four (4) inches in diameter.

(b)

Every restaurant regulated by this chapter shall post at or near its entrance a sign stating that a no smoking section is available.

(c)

"No Smoking" signs may, but are not required to, contain language that smoking is prohibited by city ordinance and that violation of the no smoking prohibition is a Class 4 misdemeanor punishable by a fine of up to one hundred dollars ($100.00).

(Ord. No. 3872-89, § 1)

Sec. 33.1-7. - Structural modifications.

Persons regulated by the provisions of this chapter are encouraged to make such structural modifications to their respective buildings or structures as may be necessary to prevent or reduce the permeation of smoke from smoking areas into no smoking areas; provided, however, that nothing in this chapter shall be construed as requiring any such person to make such modifications.

(Ord. No. 3872-89, § 1)

Sec. 33.1-8. - Violations and penalties.

(a)

It shall be unlawful for any person who owns, manages, operates or otherwise controls the use of any premises subject to the prohibitions or restrictions of this chapter to fail to comply with its provisions.

(b)

It shall be unlawful for any person to smoke in any area prohibited or restricted by the provisions of this chapter.

(c)

Any person who violates the provisions of this chapter shall be guilty of a Class 4 misdemeanor.

(Ord. No. 3872-89, § 1)

Sec. 33.1-9. - Enforcement.

(a)

The provisions of this chapter shall be enforced by the department of public health, or any other department or person duly designated.

(b)

Any citizen who desires to register a complaint under this chapter may initiate enforcement with the department of public health.

(c)

The department of public health or other duly designated department shall perform an evaluation for compliance with all requirements of this chapter while an establishment is undergoing otherwise mandated inspections.

(Ord. No. 3872-89, § 1)

Sec. 33.1-10. - Other applicable laws and policies.

This chapter shall not be interpreted or construed to permit smoking where it is otherwise prohibited or restricted by other applicable statutes and ordinances, or the policies of individual establishments.

(Ord. No. 3872-89, § 1)