1983-03-07-TE-Warrant-and-1983-04-04-ATM-Warrant

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CLEAN INDOOR AIR As used in this section, "smoking" means the lighting of or the having in ones possession of any lighted cigar, cigarette, pipe or other tobacco product. As used in this section "restaurant" means a restaurant with a seating capacity of fifty (50) or more persons. No person shall smoke in any restaurant except in specifically designated smoking areas. This prohibition does not apply in cases in which an entire room or hall is used for a private social function and seating arrangements are under the control of the sponsor of the function and not of the proprietor or person in charge of the restaurant. Smoking areas may be designated by proprietors or other persons in charge of restaurants, except in places in which smoking is prohibited by the fire marshall or by other law or regulation. Smoking areas designated by proprietors or other persons in charge of restaurants shall comprise no more than seventy-five (75) percent of the seating capacity of the restaurant. Where smoking areas are designated, existing physical barriers and ventilation systems shall be used to minimize the toxic effect of smoke on persons in adjacent no-smoking areas. In the case of restaurants consisting of a single room, the provisions of this by-law shall be considered met if one side of the room is reserved and posted as a no-smoking area, provided that the no-smoking area comprises no less than twenty-five (25) percent of the seating capacity of the restaurant. The proprietor or other person in charge of a restaurant shall make reasonable efforts to prevent smoking in the no-smoking areas of the restaurant by: (a) posting appropriate signs; (b) arranging seating to provide a smoke-free area; (c) asking smokers to refrain from smoking upon request of a customer or employee suffering discomfort from the smoke; or (d) any other means which may be appropriate. The board of health shall adopt rules and regulations necessary and reasonable to implement the provisions of this section of the by-law. Nothing in this section shall make lawful smoking in any area in which smoking is or may hereafter be prohibited by law. or act in any other manner in relation thereto. (Inserted by Laura E. Derby and nine or more registered voters) DESCRIPTION: This article will require no smoking sections in restaurants seating 50 or more people. The no smoking section will comprise at least 25% of the seating.