07-23-12 Council Agenda & Packet

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Clean Air Standards for Workplaces and Public Places ordinance Page l l -Substitute Bill No. 24-12 d. Provides food or alcoholic beverages only to its bona fide members and guests and, in addition, e. The business: (1) Provides a separate, enclosed, designated smoking room or area that is adequately ventilated to prevent migration of smoke to nonsmoking areas of the premises; and (2) Allows smoking only in the room or area described (i) above. 5. None of the areas in Sec. 13-76.6 Exemptions shall be exempt from the provisions of this Article if smoke from any area enters, either directly or indirectly, through entrances, windows, ventilations systems, or other means, where smoking is otherwise prohibited by this Article. 6. Any business claiming an exemption pursuant to this Sec. 13-76.6 Exemptions shall provide to the South Bend Department of Code Enforcement within three (3) business days of demand, adequate written proof that it qualifies for the exemption claimed. An authorized representative of the business shall certify such written proof under the penalties for perjury. 7. No person or entity shall discharge, refuse to hire or retaliate in any manner against an employee, applicant for employment, or customer because of any attempt to enforce the provisions of this Article by such employee, applicant or customer. Sec. 13-76.7 Prohibition of Smoking in Outdoor Public Places. Smoking shall be prohibited in the following outdoor places: (a) Within a reasonable distance of eight (8) feet outside entrances, operable windows, and ventilation systems of enclosed areas where smoking is prohibited, so as to prevent tobacco smoke from entering those areas. (b) All outdoor property that is adjacent to buildings owned, leased, or operated by the City of South Bend, Indiana and that is under the control of the City of South Bend, Indiana. (c) In, and within eight (8) feet of, outside entrances, operable windows, and ventilation systems of enclosed areas where smoking is prohibited for outdoor seating or serving areas of restaurants and bars. (d) In all outdoor arenas, stadiums, and amphitheaters. Smoking shall also be prohibited in and within eight (8) feet of, bleachers and grandstands for use by spectators at sporting and other public events.