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07-23-12 Council Agenda & Packet
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07-23-12 Council Agenda & Packet
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7/19/2012 1:08:49 PM
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Clean Air Standards for Workplaces and Public Places Ordinance <br /> Page 10- Substitute Bill No. 24-12 <br /> Sec. 13-76.3 Prohibition of Smoking in Enclosed Places of Employment. <br /> (a) Smoking shall be prohibited in all enclosed areas of places of employment without <br /> exception. This includes, without limitation, common work areas, auditoriums, classrooms, <br /> conference and meeting rooms, private offices, elevators, hallways, medical facilities, cafeterias, <br /> employee lounges, stairs, restrooms, vehicles, and all other enclosed facilities. <br /> (b) The prohibition on smoking shall be communicated to all existing employees by the <br /> effective date of this Article and to all prospective employees upon their application for employment. <br /> Sec. 13-76.4 Applicability to City Facilities. <br /> All facilities and vehicles owned, leased or operated by the City of South Bend, Indiana, as <br /> well as outdoor property adjacent to such buildings and under the control of the City of South Bend, <br /> Indiana, shall be subject to the provisions of this Article. <br /> See. 13-76.5 Reasonable Distance. <br /> Smoking shall be prohibited outdoors within a reasonable distance from an enclosed area where <br /> smoking is prohibited by this Article, but in no event closer than eight (8) feet, so as to insure that <br /> tobacco smoke does not enter into establishments designated as smoke free under this Article through <br /> entrances, windows, ventilation intakes or other means. <br /> See. 13-76.6 Exemptions. <br /> Notwithstanding the smoking prohibitions in See. 13-76.2 of this Article, smoking will be <br /> permitted in the following locations: <br /> 1. Retail Tobacco Stores. <br /> 2. Private residences, except when used as a licensed childcare, adult day care, or health care <br /> facility. <br /> 3. Outdoor areas of a golf course not to include miniature golf courses. <br /> 4. Any business that as of June 6, 2012: <br /> a. Is exempt from federal income taxation under 26 United States Code § 501 <br /> (c); <br /> b. Is a "club" as that term is defined by Indiana Code § 7.1-3-20-1, or a "fraternal <br /> club" as that term is defined by Indiana Code § 7.1-3-20-7; <br /> c. Holds a beer, liquor, or wine retailer's permit under the laws of this state; and <br />
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