Eau Claire, WI Smoking Prohibited in Inside Restaurants

Type: City Code

Status: Adopted in 2000 via Ordinance No. 6019

Source File: http://www.ci.eau-claire.wi.us/e107_files/public/files/attorney/ord_0807/TITLE08.pdf

Text:

Chapter 8.05
SMOKING PROHIBITED IN INDOOR AREAS OF RESTAURANTS

8.05.010 Definitions. For purposes of this chapter, the following terms have the meaning indicated:

A. “Full service bar” shall mean a counter-like object with accessory seating for customers, over which fermented malt beverages or intoxicating liquors are sold for consumption upon the premises. A service bar without accessory seating for customers shall not be considered a full service bar.

B. “Smoking” shall mean to smoke, carry, possess or control any lighted tobacco product in any form, including, but not limited to cigars, cigarettes or pipes.

8.05.020 Intent and purpose. It is recognized that smoking of tobacco-related products is hazardous to an individual’s health and may affect the health of nonsmokers when in the presence of smokers in certain public places. This ordinance is adopted for the purpose of protecting the public health, safety, comfort and general welfare of the people of the city of Eau Claire, especially recognizing the rights of nonsmokers who constitute a majority of the population. The provisions of this chapter shall be administered and enforced by the city-county health department with the assistance of the Eau Claire police department.

8.05.030 Smoking prohibited. It shall be unlawful for any person to engage in smoking in all enclosed, indoor areas of any establishment requiring a restaurant license.

A. Exceptions.

1. Any establishment requiring a restaurant license whose sales of alcohol beverages is more than 50% of its gross receipts of the most recent alcohol beverage licensing year is exempt from the provisions of this chapter. Upon request, owners of establishments shall substantiate the percentage of their gross receipts devoted to food and alcohol beverage sales.

2. A full service bar, provided that it is in a separate room or fully separated by its location or the building construction from other dining areas.

3. Hardship provision. An establishment which realizes a loss of gross receipts greater than 15% as a result of complying with the provisions of this chapter for the 6 months following the effective date of this ordinance when compared to the preceding 6 months, may make a request to the city council for a temporary exception not to exceed 12 months. This provision, subsection 3., hardship provision, shall be automatically repealed on August 1, 2002. Upon request, the establishment shall provide sufficient information to substantiate its gross receipts.

4. Private functions. Rooms or areas in establishments subject to the provisions of s. 8.05.030 when used for private functions such as weddings, anniversaries, parties, receptions and other private events, if said rooms or areas are fully separated by location or building construction from the public dining areas.

B. Ashtrays, cigarette machines and other smoking paraphernalia shall not be placed in nonsmoking areas.

C. This subsection applies to restaurants within a mall, including adjacent seating.

8.05.040 Signs required.

A. Signs prohibiting smoking shall be posted conspicuously at every entrance by the proprietor or other person in charge of each building or structure regulated by s. 8.05.030. Signs shall contain a reference that regulation is by ordinance, such as “No Smoking - City Ordinance Chapter 8.05,” or equivalent. The proprietor or other person in charge of premises regulated hereunder shall further make reasonable efforts to prevent smoking in prohibited areas by:

1. Approaching persons who fail to voluntarily comply with this chapter and request that they extinguish their smoking material and refrain from smoking upon witnessing the same or upon request from any person.

2. Any other means which may be deemed appropriate by said proprietor, including refusal of service to anyone smoking in a prohibited public area.

B. Establishments regulated by s. 8.05.030 shall post, in a conspicuous place at each entrance normally used by the public, a sign, provided by or approved by the health department, not smaller than 8 1/2" x 5 1/2", indicating whether they permit smoking or whether they are smoke-free.

C. It shall be unlawful for any person to remove, deface or destroy any legally required “No Smoking” sign, or to smoke in any place where any such sign is posted.

D. Inspections. It shall be the duty of the city-county health department, and it shall have the power, whenever it may deem necessary, to enter the premises named in this chapter to ascertain whether the signs required are posted, and to order the posting of such signs where required. A compliance time of not less than one week shall be granted. Upon failure to comply with such written or verbal order, a citation may be issued pursuant to the provisions of this code.

8.05.050 Penalty. Any person who violates any provision of this chapter shall be required to forfeit neither less than $50 nor more than $500. Each day of violation shall constitute a separate offense.

8.05.060 Severability. The provisions of this chapter are severable. If any provision of this chapter is held to be invalid or unconstitutional or if the application of any provision of this chapter to any person or circumstance is held to be invalid or unconstitutional, such holding shall not affect the other provisions or applications of this chapter which can be given effect without the invalid or unconstitutional provisions or applications. It is hereby declared to be the intent of the city council that this chapter would have been adopted had any invalid or unconstitutional provisions or applications not been included herein.

8.05.065 Effective date. The provisions of this chapter shall become effective 90 days after the date of publication of this ordinance.