06-11-12 Council Agenda & Packet

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PROPOSED ORDINANCE NUMBER; a. Is exempt from federal income taxation under 26 U.S.G. § 501 (c); b. Is a "club" as that term is defined by Ind. Code § 7.1-3-20-1, or a "fraternal club" as that term is defined by Ind. Code § 7.1-3-20- 7; c. Holds a beer, liquor, or wine retailer's permit under the laws of this state; and d. Provides food or alcoholic beverages only to its bona fide members and guests and, in addition, e. The business: i. 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 ii. Allows smoking only in the room or area described (i) above. 4. None of the areas in Section VI shall be exempt from the provisions of this Ordinance 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 Ordinance. 5. Any business claiming an exemption pursuant to this Section VI 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. 6. 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 Ordinance by such employee, applicant or customer. SECTION 'VII. 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. 06/06/2012 11 of 15 9:16 AM