§ 6-64. Smoking prohibited in restaurants.

(a)

Smoking prohibited in restaurants. No person shall smoke in any restaurant as defined in City Code Section 6-43(a).

(b)

Exception. Nothing in this section shall prohibit a restaurant which has an on-sale liquor license issued pursuant to City Code Chapter 5 from designating it's premises exempt from the provisions of this Code section by filing with the office of the city administrator a copy of its most recent annual report of food and liquor sales records as provided to federal or state revenue authorities documenting that sales of beer, malt liquor, and intoxicating liquor are more that 20% of total sales of food and beverages. This exception may also apply to a separated area of a restaurant with an on-sale liquor license where separation is provided by continuous floor-to-ceiling walls, interrupted only by closeable doors, which area is separately ventilated with negative air pressure in relation to the other areas of the restaurant.

(c)

Responsibilities of proprietors. The proprietor or other person in charge of a restaurant shall ask any person who smokes where smoking is prohibited to refrain from smoking and, if the person does not refrain from smoking after being asked to do so, shall ask the person to leave.

(d)

Ordinance consistent with other law. This ordinance is intended to complement the Minnesota Clean Indoor Air Act, Minn. Stat.§§144.411 to 144.417 as amended. Nothing in this ordinance shall be read as permitting smoking in any location where smoking is prohibited by any other applicable law.

(Ord. No. 22, 4th series, 11-11-05)