Sec. 11-114. - Findings and purpose.

The town council does hereby find that:

(1)

Numerous studies have found that tobacco smoke is a major contributor to air pollution; and

(2)

Reliable studies have shown that breathing secondhand smoke is a cause of disease, including lung cancer, in healthy nonsmokers. At special risk are elderly people, individuals with cardiovascular disease, and individuals with impaired respiratory function, including asthmatics and those with obstructive airway disease; and

(3)

Health hazards induced by breathing secondhand smoke include lung cancer, heart disease, respiratory infection, decreased respiratory function, bronchoconstriction, and broncho-spasm.

Accordingly, the town council finds and declares that the purposes of this article are to protect the public health and welfare by prohibiting smoking in public places except in designated smoking areas, and by regulating smoking in places of employment.

(Ord. No. 92-1-14/O-2, § 2)

Sec. 11-115. - Definitions.

The following words and phrases, whenever used in this article, shall be construed as defined in this section:

Bar means an area comprising fifteen (15) feet or less from the perimeter of a permanent counter which is primarily devoted to serving alcoholic beverages and within which the service of food is only incidental to the consumption of such beverages. Although a restaurant may contain a bar, the term "bar" shall not include the restaurant/dining area.

Business means any sole proprietorship, partnership, joint venture, corporation, or other business formed for profit or nonprofit making purposes, as well as professional corporations and other entities where professional services are delivered.

Employee means any person who is employed by any employer in consideration of monetary compensation or profit.

Employer means any person, partnership or corporation, including any municipal corporation or nonprofit entity who employs the services of any person(s).

Essential services means services available in any business or facility which should be accessible without going through areas where smoking is allowed, including but not limited to, service lines, elevators, stairs, restrooms, public phones and first aid stations.

Nonprofit entity means any corporation, unincorporated association or other entity created for charitable, philanthropic, educational, character building, political, social or other similar purposes, the net proceeds from the operations of which are committed to the promotion of the objects or purposes of the organization and not to private financial gain.

Nonsmoking area means an area in which smoking is prohibited.

Place of employment means any enclosed area under the control of a public or private employer which employees normally frequent during the course of employment, including, but not limited to, work areas, employee lounges, restrooms, conference rooms, employee cafeterias, and hallways. A private residence is not a place of employment.

Public area/place means any enclosed area to which the public is invited or in which the public is permitted. A private residence is not a public place.

Restaurant means any coffee shop, cafeteria, sandwich stand, private and public school cafeteria, and any other eating establishment which gives or offers for sale food to the public, guests, or employees, except that the term "restaurant" shall not include a cocktail lounge or tavern if said cocktail lounge or tavern is a "bar" as defined in section 11-115(a).

Retail store means any sole proprietorship, partnership, joint venture, corporation or other business entity where goods or services are sold. Grocery stores and convenience stores are considered to be retail stores.

Service line means any indoor line at which one or more persons are waiting for or receiving service of any kind, whether or not such service involves the exchange of money.

Smoking means inhaling, exhaling, burning or carrying any lighted cigar, cigarette, or other combustible tobacco product in any manner or in any form.

Sports arena means sports pavilions, gymnasiums, health spas, swimming pools, and other similar places where members of the general public assemble either to engage in physical exercise, participate in athletic competition, or witness sports events.

(Ord. No. 92-1-14/O-2, § 1)

Sec. 11-116. - Smoking prohibited in specific public places.

Smoking shall be prohibited in the following places:

(1)

Service lines.

(2)

Elevators.

(3)

Public restrooms.

(4)

Polling places.

(5)

Buses and taxicabs.

(6)

Public areas of galleries, libraries and museums when open to the public.

(7)

Seating areas of any building not open to the sky which is primarily used for exhibiting any motion picture, stage drama, lecture, musical recital or other similar performance, except when smoking is part of a stage production.

(8)

Seating areas of sports arenas and convention halls.

(9)

Every room, chamber, place of meeting or public assembly, under the control of the town or any other political subdivision of the state during such time as a public meeting is in progress, to the extent such place is subject to the jurisdiction of the town.

(10)

Lobbies, hallways, waiting areas, and other common areas in businesses, apartment buildings, condominiums, retirement facilities, nursing homes, and other multiple-unit residential facilities.

(Ord. No. 92-1-14/O-2, § 1)

Sec. 11-117. - Regulation of smoking in restaurants.

The owner of every restaurant with a seating capacity of thirty (30) or more shall designate a nonsmoking area, consisting of at least twenty-five (25) per cent of the indoor seating capacity of the restaurant. Signs shall be posted at every entrance notifying patrons of the smoking policy. Signs shall read: "No Smoking," and/or be a no smoking symbol, or "Non-Smoking Section Available."

(Ord. No. 92-1-14/O-2, § 1)

Sec. 11-118. - Regulation of smoking in bars and small restaurants.

All bars and restaurants with bars and restaurants without bars which have a seating capacity of less than thirty (30) shall post one of the following signs at every entrance notifying patrons of their smoking policy. Signs shall read: "No Smoking," and/or be a no smoking symbol, and/or "Non-Smoking Section Available," or "We Do Not Provide A Non-Smoking Section."

(Ord. No. 92-1-14/O-2, § 1)

Sec. 11-119. - Regulation of smoking in retail stores.

Smoking shall be prohibited in the public areas of retail stores; provided, however, that a retail store may designate an area where smoking is permitted up to a maximum of twenty-five (25) per cent of the area of the store open to the public. Areas so designated shall not include any areas listed in section 11-116 as areas where smoking is prohibited. Signs shall read: "No Smoking," and/or be a no smoking symbol, and/or "Smoking Permitted in Designated Areas," or "Smoking Permitted."

(Ord. No. 92-1-14/O-2, § 1)

Sec. 11-120. - Regulation of smoking in hallways and lobbies of hotels, motels, multiple unit commercial facilities, theaters and concourses of sports arenas and convention halls.

The owner of every hotel, motel, multiple unit commercial facility, theater, sports arena and convention hall may designate a smoking area in the hallways, lobbies, and/or concourses of said facility.

The smoking area so designated shall consist of a maximum twenty-five (25) per cent of the hallways, lobbies and/or concourses of the facility. Any area so designated as smoking shall be designed and located to allow access to all services, or a representative sample of services available within the overall facility without having to pass through an area of the facility in which smoking is permitted.

Said services or sample of services so accessible shall be nonsmoking areas. Except in areas so designated for smoking, all facilities regulated by this section shall be nonsmoking areas. Signs shall read: "No Smoking," and/or be a no smoking symbol, and/or "Smoking Permitted in Designated Areas," or "Smoking Permitted."

Any facility with over seven thousand five hundred (7,500) square feet in hallways, lobbies, or concourses, as applicable, and which has a smoking area or areas in accordance with this section shall apply to the town manager for approval of a smoking regulation plan. To be approved, at a minimum any such plan shall:

(1)

Provide that all necessary and essential services or a fully representative sample of such services within the regulated business be designated as nonsmoking areas.

(2)

Provide that access to necessary and essential services in the business be available through areas designated as nonsmoking areas.

(3)

Demonstrate that the plan is designed and proposed to be operated so as to maintain or promote the public health, safety and general welfare.

Submission of a proposed smoking regulation plan for consideration by the town shall not relieve any person of the obligation to comply with all other applicable provisions of this article until such time as a smoking regulation plan has been approved and fully implemented pursuant to the town's approval and issuance of a smoking regulation plan compliance permit.

(Ord. No. 92-1-14/O-2, § 1)

Sec. 11-121. - Regulation of smoking in places of employment.

(a)

Employers shall be responsible for providing smoke-free areas for nonsmoking employees within existing facilities, and to the maximum extent possible, separating nonsmoking employees from smoking employees. However, employers are not required to incur any expense to make structural or other physical modifications in providing these areas.

(b)

Notwithstanding the provisions of subsection (a) of this section, every employer shall have the right to designate any place of employment as a nonsmoking establishment.

(c)

No person or employer shall discharge, refuse to hire or in any manner retaliate against any employee or applicant for employment because such employee or applicant exercises any right to a smoke-free environment afforded by this article.

(d)

Signs indicating the smoking policy of the place of employment shall be posted. Signs shall read: "No Smoking," and/or be a no smoking symbol, and/or "Smoking Permitted in Designated Areas," or "Smoking Permitted."

(Ord. No. 92-1-14/O-2, § 1)

Sec. 11-122. - Sale of cigarettes to minors prohibited.

Any retail store, restaurant, bar, or other establishment that offers cigarettes for sale in vending machines or otherwise shall post a conspicuous five (5) inch by seven (7) inch sign stating "The sale of cigarettes to minors under the age of seventeen (17) years of age is a misdemeanor punishable by a fine not to exceed five hundred dollars ($500.00), imprisonment for not more than six (6) months, or both (G.S. 14-313).

(Ord. No. 92-1-14/O-2, § 1)

Cross reference— Regulation and placement of tobacco products vending machines, § 1-140 et seq.

Sec. 11-123. - Posting of signs required.

"No Smoking", or other signs relating to an establishment's smoking policy, whichever are appropriate, with letters of at least one-half inch in height and/or the international "No Smoking" symbol shall be clearly, sufficiently and conspicuously posted in every building or other place where smoking is regulated by this article. The international "No Smoking" symbol consists of a pictorial representation of a burning cigarette enclosed in a red circle with a red bar across it.

Signs shall be posted by the owner, operator, manager or other person having control of such building or other place. Said signs shall indicate where smoking is prohibited and permitted.

Facilities which provide areas where smoking is permitted in designated areas shall post signs with that information at every public entrance to the facility.

Except as to the requirements of size, posting and content the signs shall not be regulated by this article. No person shall remove or deface any sign required to be posted by or under the authority of this article.

(Ord. No. 92-1-14/O-2, § 1; Ord, No. 93-7-6/O-1, § 1)

Sec. 11-124. - Administration.

The town manager is responsible for administering this article and is authorized and directed to establish regulations for the administration of this article.

(Ord. No. 92-1-14/O-2, § 1)

Sec. 11-125. - Enforcement and penalties.

Smoking shall be prohibited in any place which has been designated pursuant to this article as a nonsmoking area. Where there is any uncertainty as to the intent or actual meaning of any provision of this article, the town manager shall make an interpretation of said provision on request of any person. This article may be enforced by any one or more of the remedies authorized by N.C.G.S. 160A-175.

(Ord. No. 92-1-14/O-2, § 1; Ord. No. 93-7-6/O-1, § 2)

Sec. 11-126. - Conflict of laws.

If any portion of this article or the enforcement thereof shall be preempted by any state or federal authority, such preemptions shall not operate to invalidate the rest of this article; and the same shall remain in full force and effect.

(Ord. No. 92-1-14/O-2, § 1)

Secs. 11-127—11-129. - Reserved.