The Ordinance

What's Included in the Law?

As of April 1, 2008, smoking is not allowed in most indoor public places and workplaces including (but not limited to):

  • Restaurants and most bars (see exemptions section below for specific bar exemptions)
  • Theaters, libraries, museums, educational facilities, convention halls, and meeting and conference rooms in which people gather for educational, business, professional, union, governmental, recreational, political or social purposes
  • Retail stores, common areas of malls, and self-service laundry facilities
  • Lobbies, waiting rooms, and elevators of public buildings and places of employment; enclosed stairwells of parking ramps
  • Indoor sports arenas, gymnasiums, and auditoriums
  • Healthcare facilities and childcare facilities
  • Common areas in bed and breakfast establishments, hotels and motels, and no less than 90 percent of rooms rented to guests
  • Common areas of buildings that contain 3 or more rental units
  • City buildings, city-owned or leased motor vehicles, and polling places
  • Public forms of transportation, including but not limited to motor buses, taxicabs, or other public passenger vehicles; public bus and transfer point shelters
  • Any place of employment not exempted

 

What's Exempt from the Law?

During April 1, 2008 through April 1, 2011, the following public places will receive a temporary exemption from the smoke-free ordinance.  This exemption expires April 1, 2011:

  • "Existing Small Taverns"
    A bar qualifies as an "existing small tavern" if the exterior footprint of the establishment is no greater than 5000 square feet and the sales of alcohol constitute at least 75% of gross revenues.
  • "Existing Bowling Centers"
    A bowling center qualifies as an "existing bowling center" if the bowling center allows smoking in a bar area no greater than 4000 square feet and the area where smoking is allowed is separated from the remainder of the establishment by a walled or glass enclosure.

The following public places are permanently exempt from the smoke-free ordinance:

  • Any stage of any theater when used in connection with any theatrical performance and so noticed in the program
  • Hotel and motel rooms that are rented to guests and are designated as smoking rooms; not more than 10% of rooms rented to guests in a hotel or motel may be so designated
  • Tobacco bars
    Smoking tobacco products and cigarettes is allowed in tobacco bars provided the tobacco bar generates 10% or more of its total annual gross income from the on-site sale of tobacco products.

 

To view the full ordinance, please visit the Resources and Downloads section.