§ 17-71. Regulation of public places.

Smoking is prohibited in all enclosed areas within public places during the times in which the public is invited or permitted, except as otherwise restricted in accordance with the provisions below. Such public places include, but are not limited to, the following:

(1)

Public transportation facilities, including, but not limited to, ticketing, boarding and waiting areas of public transit depots; provided, however, that this section shall not prohibit smoking in contiguous waiting areas designated for smoking, so long as such areas do not constitute more than fifty (50) percent of the total waiting area in the public transit depot and provided there is adequate exhaust ventilation in accordance with section 17-104(b).

(2)

Public means of mass transportation, including, but not limited to, buses, vans, taxicabs and all for-hire vehicles required to be licensed or franchised by the Parish of Jefferson; provided that this prohibition shall not apply to limousines.

(3)

Public restrooms.

(4)

Retail stores (other than tobacco stores and certain restaurants pursuant to subsection (5) of this section) with a capacity to accommodate more than fifty (50) persons. Smoking may be permitted in retail stores with a capacity to only accommodate fifty (50) or fewer persons, provided that:

a.

Smoking is not otherwise prohibited by any other law or regulation;

b.

There is adequate exhaust ventilation in accordance with section 17-104(b); and

c.

The proprietor of such establishment posts signs in the entrance and at appropriate locations within the premises, indicating that smoking is permitted therein.

A proprietor of a retail store not otherwise subject to the smoking restrictions of this section may voluntarily choose to prohibit smoking in his or her establishment in accordance with the provisions pertaining to retail stores with a capacity to accommodate more than fifty (50) persons, by filing a notice with the fire department in a manner and form prescribed by rule or regulation of the fire department. Upon proper filing of such notice, all provisions of this chapter shall take effect with respect to said establishment. Nothing in this paragraph shall be construed to prohibit such proprietors who do not undertake such filing, from restricting smoking in their retail stores provided however, that the proprietor shall post a sign at the entrance indicating that smoking is not permitted therein or is otherwise restricted, and further, that the proprietor shall not state or otherwise represent to the public that any of the provisions of this chapter are in effect with respect to said establishment.

(5)

Restaurants with an indoor seating capacity of more than fifty (50) patrons; provided however, that smoking may be permitted in any part of the restaurant which constitutes a bar as defined in this section, and in a contiguous area designated for smoking, so long as such area contains no more than fifty (50) percent of the indoor seating capacity of the restaurant. A proprietor or other designated employee may, in his or her discretion, exceed the fifty (50) percent limits for smoking, by no more than ten (10) percent of the indoor seating capacity, in a situation where a party of six (6) or more persons requests to be seated, at a time when the only available seats are located, in whole or in part, in the non-smoking section. A proprietor shall only accommodate such party when the available seating is in an area contiguous to the designated smoking area of the restaurant. Every restaurant with a seating capacity of more than fifty (50) patrons permitting smoking therein in accordance with the provisions of this paragraph, shall post signs indicating that non-smoking sections are available, in addition to any other signs as required by section 17-91 of this article. When an employee responsible for seating arrangements is on duty each patron, prior to being seated, shall be asked his or her preference regarding seat location in a smoking or non-smoking section. Smoking may be permitted in restaurants with an indoor seating capacity of fifty (50) patrons or fewer, provided that:

a.

Smoking is not otherwise prohibited by any other law or regulations;

b.

The proprietor of such establishment, in accordance with rules and regulations promulgated by the fire department certifies the indoor seating capacity of the restaurant;

c.

There is adequate exhaust ventilation in accordance with section 17-104(b); and

d.

The proprietor of such establishment posts signs at the entrance and at appropriate locations within the premises. indicating that smoking is permitted therein.

An owner of a restaurant with an indoor seating capacity of fifty (50) patrons or fewer, who is not otherwise subject to the smoking restrictions of this section, may voluntarily choose to prohibit smoking in his or her establishment in accordance with the provisions pertaining to restaurants with an indoor seating capacity of more than fifty (50) patrons, by filing a notice with the fire department in a manner and form prescribed by rule or regulation of the fire department. Upon proper filing of such notice, all provisions of this law shall take effect with respect to said establishment. Nothing in this paragraph shall be construed to prohibit proprietors who do not undertake such filing from restricting smoking in their restaurants, provided, however, that the proprietor shall post a sign at the entrance indicating that smoking is not permitted therein or is otherwise restricted, and further, that the proprietor shall not state or otherwise represent to the public that any of the provisions of these regulations are in effect with respect to said establishment.

(6)

Business establishments (other than restaurants, retail stores, and except as otherwise provided in this subdivision) including banks, hotels, motels, offices where professional or consumer services are rendered and nonprofit entities, including religious institutions: provided that:

a.

In business establishments and nonprofit entities employing fifteen (15) or fewer employees at one (1) location, smoking may be permitted in contiguous areas designated for smoking, provided that it shall be the responsibility of employers, to the extent reasonably practicable, to provide smoke-free work areas for non-smoking employees who sit or otherwise occupy common work areas in places of employment and to give notice to employees of the location of such smoke-free work areas;

b.

The smoking prohibition within establishments or entities employing more than fifteen (15) employees applies only to those areas of public accommodation and not to private areas to which the general public does not have access;

c.

With respect to hotels and motels. smoking may be permitted in a contiguous area designated for smoking, so long as such area, to the extent reasonably practicable, is not within a twenty-foot radius of that part of what is commonly referred to as the front desk or registration desk to which the public has access, and so long as such smoking area does not constitute more than fifty (50) percent of any area commonly called a lobby; and

d.

There is adequate exhaust ventilation in accordance with section 17-104.

(7)

Libraries, museums and galleries.

(8)

Motion picture theaters, concert halls, auditoriums and buildings primarily used for, or designed for the primary purpose of exhibiting movies, stage drama, musical recital, dance, lecture or other similar performance except when smoking is part of a theatrical production; provided, however, that smoking may be permitted in a contiguous area designated for smoking, so long as such area contains no more than fifty (50) percent of any area commonly called a lobby and there is adequate exhaust ventilation in accordance with section 17-104(b).

(9)

Convention halls; provided, that smoking may be permitted:

a.

In a contiguous area designated for smoking, so long as such area constitutes no more than twenty-five (25) percent of the seating capacity or floor space open to the public. whichever is greater, for a particular event taking place within the convention hall;

b.

In a contiguous area designated for smoking, so long as such smoking area constitutes no more than fifty (50) percent of any area commonly called a lobby;

c.

At conventions of private groups where the persons participating in the convention are individually identified by the sponsor or organizer of the convention, or determined by law; and

d.

Provided there is adequate exhaust ventilation in accordance with section 17-104(b).

(10)

Sports arenas; provided that:

a.

Smoking may be permitted in a contiguous area designated for smoking, so long as such area constitutes no more than fifty (50) percent of any area commonly called a lobby and there is adequate exhaust ventilation in accordance with section 17-104(b); and

b.

With respect to bowling alleys, smoking is prohibited in the bowler settee area (the area occupied by bowlers while keeping score and actually bowling), but may be permitted in a contiguous designated area of the concourse (the area directly behind the bowler settee area), so long as such smoking area does not constitute more than fifty (50) percent of the floor space of the concourse area and there is adequate exhaust ventilation in accordance with section 17-104(b).

(11)

Places of meeting or public assembly during such time as a meeting open to the public is being conducted for educational, religious, recreational or political purposes, but not including meetings conducted in private residences, unless a child or health care facility is operated therein or unless such meeting is conducted in a common area of a multiple dwelling which contains ten (10) or more dwelling units.

(12)

a.
Health care facilities including, but not limited to, hospitals, clinics, physical therapy facilities, convalescent homes, and homes for the aged; provided, however, that this section shall not prohibit smoking in areas designated for smoking in restaurants and dining areas as long as,

1.

Prior written approval is received from the Fire Department pursuant to Chapter 31 of the NFPA 101 - NFC National Fire Code, 1991 Edition, and

2.

Smoking in such restaurants and dining areas is not otherwise prohibited pursuant to subsection (5) of this section and there is adequate exhaust ventilation in accordance with section 17-104(b).

b.

Furthermore, this section shall not prohibit smoking in offices which are not ordinarily used for care and treatment of patients provided smoking is not otherwise prohibited pursuant to section 17-72 and further provided there is adequate exhaust ventilation in accordance with section 17-104(a).

c.

In addition, this section shall not prohibit smoking in patient lounges designated for smoking, provided that:

1.

Prior written approval is received from the Fire Department pursuant to Chapter 31 of the NFPA 101 - NFC National Fire Code, 1991 Edition;

2.

There is adequate exhaust ventilation in accordance with section 17-104(a); and

3.

Such lounges shall not constitute more than fifty (50) percent of the total lounge space available.

(13)

All pre-primary, primary, and secondary schools providing instruction for students at or below the twelfth-grade level.

(14)

All schools other than those covered in subsection (13), including, but not limited to, community colleges, technical training establishments, specialty schools, colleges and universities; provided, however, that this section shall not prohibit smoking in:

a.

Areas designated for smoking in employee lunchrooms, cafeterias and lounges, pursuant to section 17-72(b)(4), provided that prior written approval is received from the fire department; and that there is adequate exhaust ventilation in accordance with section 17-104(b); and

b.

Areas designated for smoking in student dining areas or lounges which shall constitute not more than fifty (50) percent of the seating capacity or floor space, whichever is greater, of such student dining areas or lounges, provided that prior written approval is received from the fire department and there is adequate exhaust ventilation in accordance with section 17-104(b).

(15)

Elevators.

(16)

Shopping malls, including retails stores opening onto the common area except tobacco stores and bars which shall be governed by section 17-81.

(17)

Smoking is prohibited on any service line, waiting areas, or portion thereof, in an enclosed area within a public place during the times in which the public is invited or permitted, notwithstanding the fact that the service line, waiting areas, or portion thereof, is in an area otherwise designated for smoking pursuant to section 17-71 subsections (1), (4), (5), (6), (8), (9), (10), (12), and (14). This paragraph shall not be construed to prohibit smoking in any area where smoking is not prohibited pursuant to Division 3.

(Res. No. 80006, § 2.1, 7-12-95)