Chapter 15.03
Smoke-Free Restaurants and Designated Smoking Areas*

Sections:

15.03.010 Findings and Purpose.

15.03.020 Definition.

15.03.030 Smoking in Restaurants.

15.03.040 Subsequent State Legislation.

* SMC chapter 15.03 codifies Ord. C31712, passed September 30, 1996, at the request of the Spokane regional health district.

15.03.010 Findings and Purpose.

The city council for the City of Spokane finds and declares that the purposes of this chapter are to protect public health, safety and welfare by requiring restaurant owners to provide notice to the public as to whether the restaurant is smoke-free, permits smoking in designated areas, or permits smoking in its entirety; and to assure that restaurant facilities that are smoke-free do guarantee that nonsmokers are breathing air that is free of tobacco smoke.

15.03.020 Definition.

A.  “Designated smoking area” means an area inside the restaurant premises designated as an area in which smoking is permitted and which does not prevent the existence of tobacco smoke.

B.  “Nonsmoking” means no lighting, no inhaling, and no burning of any pipe, cigar, cigarette, and no carrying of any lighted pipe, lighted cigar, or lighted cigarette or any other lighted smoking equipment.

C.  “Premises” means the enclosed physical premises of a restaurant, including, but not limited to, lounges, card room and areas limited to employees only.

D.  “Restaurant” means any building, structure, or area used, maintained, or advertised as, or held out to the public to be an enclosure where meals are made available to be consumed on the premises for consideration of payment.

E.  “Smoke” or “smoking” means the carrying or smoking of any kind of lighted pipe, cigar, cigarette, or any other lighted smoking equipment.

F.  “Smoke-free restaurant” means a restaurant that does not permit smoking within the premises.

G.  “Smoking in its entirety” means a restaurant which is designated as a smoking area in its entirety pursuant to RCW 7.160.040.

H.  “Violation” means an occurrence when a restaurant owner or manager allows or permits smoking to occur within the premises in violation of the designation assigned to the restaurant pursuant to this chapter.

15.03.030 Smoking in Restaurants.

A.  All owners or managers of restaurants located within the city shall declare the restaurants as either a smoke-free restaurant, a restaurant that has designated smoking areas, or a restaurant that permits smoking in its entirety.

B.  All restaurant owners or managers shall post conspicuously on the outside of each entrance a sign issued by the Spokane County health district (SCHD) stating the restaurants classification under subsection (A) of this section.

C.  Those restaurants declared to be a restaurant with designated smoking areas shall maintain designed smoking areas in conformance with the requirements set forth in RCW 70.160.040.

1.   Upon the first violation of this chapter within a one-year period, the restaurant shall be notified of the requirements of this chapter and may be required to attended educational training presented by the SCHD. Upon the second violation of this chapter by a smoke-free restaurant or a restaurant with designated smoking areas, its designation shall be revoked and the restaurant shall be reclassified as a restaurant which permits smoking in its entirety. The reclassification shall remain in effect for six months, at which time the restaurant may request that its original designation be reinstated. In the event that the restaurant incurs an additional violation within six months after its original designation has been reinstated, the restaurant shall be permanently classified as a restaurant which permits smoking in its entirety. If the restaurant is purchased by a new owner, the new owner shall be permitted to apply for an original designation.

2.   Failure of a restaurant owner or manager to post the appropriate sign issued by the SCHD designating the restaurant as a smoking in its entirety restaurant or as a restaurant with designated smoking areas, as required under this chapter shall constitute a civil infraction and subjects the restaurant owner or manager to the penalty provided in SMC 1.05.170. Each day a restaurant owner or manager shall fail to post the required signage shall constitute a separate violation.

D.  The SCHD shall be responsible for implementation of this chapter by receiving complaints and referring them to the appropriate jurisdiction.

E.  The SCHD will provide an educational campaign regarding this chapter and the effects of second hand smoke in restaurants.

15.03.040 Subsequent State Legislation.

Any statute, rule or regulation enacted by the Washington State Legislature or through any state agency, including the Department of Labor and Industries, relating to smoking in the restaurants or in the work place shall take precedence over this chapter.