§ 13-3016. REGULATION OF SMOKING.

(a)

Definitions.

The following words and phrases, whenever used in this section, shall be construed as defined in this subsection:

(1)

Business means any sole proprietorship, partnership, joint venture, corporation or other business entity formed for profit- or non-profit-making purposes, including retail establishments where goods or services are sold as well as professional corporations and other entities where legal, medical, dental, engineering, architectural or other professional services are delivered.

(2)

Child care facility means any licensed nursery, day care center, preschool, or other facility engaged in the practice of providing care for children.

(3)

Common work area means an area within a place of employment where two (2) or more people perform job-related tasks that is not separated by solid walls from floor to ceiling on all sides.

(4)

Designated smoking area means an enclosed area where smoking is permitted, or an area outside of facilities, that is identified by proper signage.

(5)

Dining area means any enclosed area containing a counter or tables upon which meals are served.

(6)

Eating establishment means an establishment engaged in the business of regularly and customarily selling food, primarily to be eaten on the premises. Eating establishments shall include businesses that are referred to as restaurants, cafeterias, or cafes. Eating establishments shall also include lunch stands, grills, snack bars, fast-food businesses, and other establishments, such as drugstores, which have a lunch counter or other section where food is sold to be eaten on the premises.

(7)

Educational facility means any facility that is used for the principal purpose of providing instruction or training in a trade, craft, business skill; or athletic or sports activity; or of providing child care; or primary, secondary, or higher education.

(8)

Employee means any person who is employed by any employer in the consideration for direct or indirect monetary wages or profit, and any person who volunteers his or her services.

(9)

Employer means any person , business, partnership, corporation, including a municipal corporation, or nonprofit entity, who employs the services of one or more individual persons .

(10)

Enclosed area means all space between a floor and ceiling which is enclosed on all sides by solid walls or windows (exclusive of door or passage ways) which extend from the floor to the ceiling, including all space therein screened by partitions which do not extend to the ceiling or are not solid, or similar structures.

(11)

Health care facility means any facility associated with the rendition of health care, including, but not limited to, laboratories, hospitals, public and private health care facilities.

(12)

Nonsmoking area means an area of an eating establishment where smoking is prohibited.

(13)

Overnight or emergency shelter means any facility providing temporary shelter for homeless or transient individuals.

(14)

Place of employment means any enclosed area which employees normally frequent during the course of employment, including, but not limited to, work areas, employee lounges and restrooms, conference rooms and classrooms, employee cafeterias and hallways.

a.

A private residence is not a "place of employment" unless it is used as a licensed child care facility, licensed health care facility, or domiciliary home.

b.

The dining area of an eating establishment is not a "place of employment."

(15)

Public place means any enclosed area in which the public is permitted.

(16)

Grounds means an unenclosed area owned, leased, or occupied by local government.

(17)

Retail tobacco store means a retail store utilized primarily for the sale of tobacco products and accessories and in which the sale of other products is merely incidental.

(18)

Smoking means inhaling, exhaling, burning, or carrying any lighted cigar, cigarette, or other tobacco product in any manner or in any form.

(19)

Sports facility means an enclosed sports facility, including, but not limited to, sports pavilions, gymnasiums, health spas, boxing arenas, swimming pools, roller and ice skating rinks, where members of the general public assemble either to engage in or witness physical exercise or events.

(20)

Art/entertainment facility includes but is not limited to "theaters," meaning any enclosed facility engaged in the business of exhibiting motion pictures, plays or performances to an audience; concert halls, art galleries, auditoriums, indoor recreational areas, libraries, and museums.

(21)

Domiciliary home means a long-term care facility licensed under that name and classification by the Division of Facility Services of the North Carolina Department of Human Resources.

(b)

Prohibition of Smoking in Public Places and Grounds.

(1)

Except as otherwise provided, smoking shall be prohibited within the following public places and grounds :

a.

Art/entertainment facilities ;

b.

Enclosed shopping malls;

c.

Educational facilities ;

d.

Elevators;

e.

Health care facilities;

f.

Pharmacies;

g.

Public transportation vehicles;

h.

Restrooms; and

i.

Sports facilities .

j.

All City parks and greenways and structures associated with parks and greenways except that smoking shall be permitted in all parks and greenway areas specifically delineated as automobile parking areas.

k.

Within twenty-five (25) feet of any boarding platform or area at a transit facility. A transit facility includes but is not limited to Moore Square Station and other bus stops on public or private property where two (2) or more buses meet to allow the convenient transfer of passengers.

(2)

Clear and conspicuous signs shall be posted in every building or other place where smoking is regulated by this section.

(c)

Regulation of Smoking in Places of Employment.

Employers shall make reasonable provisions for smokefree air for nonsmoking employees . Each employer shall have the right to designate any place of employment as a nonsmoking place of employment . Each employer having a place of employment located within the City of Raleigh shall adopt a written policy related to smoking and shall clearly designate smoking areas by appropriate signage in accordance with subsection (k) of this section. Each employer shall supply a written copy of the smoking policy to any present or prospective employee upon request.

(d)

Regulation of Smoking in Public Places of Businesses and Retail Establishments.

(1)

Public places in each business , retail service establishment and retail store shall be designated, by the owner or operator, as nonsmoking or smoking areas. Smoking is not permitted in designated nonsmoking areas .

(2)

Clear and conspicuous signage shall be posted at the entrance to each business , retail service establishment and retail store to alert the public as to the designation made.

(e)

Regulation of Smoking in Eating Establishments.

(1)

All eating establishments with a seating capacity of thirty (30) or more patrons shall designate nonsmoking areas . The seating capacity of any bar or lounge located within the dining area of an eating establishment shall be included in the calculation of the total capacity of the eating establishment .

a.

Eating establishments with a seating capacity of thirty (30) or more patrons shall have posted a conspicuous sign or signs clearly stating that a nonsmoking area is available in accordance with subsection (k) of this section.

b.

The nonsmoking area shall be separate and contiguous, containing at all times one-third or more of the seating capacity of the dining area .

(2)

Eating establishments with a seating capacity of fewer than thirty (30) patrons shall designate the entire facility as either smoking or nonsmoking and post signage to that effect at the patron entrance.

(3)

Notwithstanding any other provision of this section, any owner , operator, manager or other person who controls any eating establishment described in this section may declare the entire eating establishment as a nonsmoking eating establishment .

(f)

Regulation of Smoking in Domiciliary Homes.

Domiciliary homes may permit smoking in common lounge areas or in private residential quarters so long as similar nonsmoking common facilities are available and so long as nonsmoking private residential quarters are provided if desired by any residents.

(g)

Regulation of Smoking in Retail Tobacco Stores.

Smoking is permitted in retail tobacco stores when related to the testing and sale of tobacco products.

(h)

Regulation of Smoking in Overnight and Emergency Shelters.

Smoking is prohibited in overnight and emergency shelters except in designated smoking areas. Designated smoking areas may be established provided that they are separate from sleeping quarters.

(i)

Regulation of Smoking in Bowling Facilities.

No smoking shall be allowed within any area which is less than twenty (20) feet from the foul line of any bowling lane. No smoking shall be allowed in any restroom facility located in a bowling facility. Smoking may be permitted in any other part of a bowling facility so long as one-third of the seats in any dining facility and one-third of the spectator seating is designated as a nonsmoking area . The nonsmoking areas shall be separate and contiguous.

(j)

Exclusions.

The following areas shall not be subject to the smoking restrictions of this section:

(1)

Private residences .

(2)

Eating establishments (or portion thereof), hotel rooms, conference or meeting rooms, and public transportation vehicles while these places are being rented for private functions.

(3)

State and Federal facilities.

(k)

Signage.

(1)

"No smoking," or other signs relating to an establishment's smoking policy, whichever are appropriate, shall have letters of not less than one inch in height or the international "No Smoking" symbol (consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a red bar across it).

(2)

Signs shall be conspicuously posted by the owner , operator, or manager of a regulated place or building in a position clearly visible on entry into every building, and within facilities, where smoking is regulated.

(3)

No person shall remove or deface any placard required to be erected by or under the authority of this section.

(l)

Enforcement.

The proprietor, employer , or other person in charge of a public place or place of employment where smoking is regulated shall make reasonable efforts to prevent smoking in nonsmoking areas .

(m)

Administration.

Anyone in violation of this section shall be guilty of an infraction and punished by a penalty not greater than fifty dollars ($50.00).

(n)

Other Applicable Laws.

This section shall not be interpreted or construed to permit smoking where it is otherwise restricted by other applicable laws.

(Ord. No. 1992-934, §1, 3-3-92; Ord. No. 1992-998, §§1, 2, 6-16-92; Ord. No. 1992-7, §1, 7-7-92; Ord. No. 1992-44, §§1, 2, 9-1-92; Ord. No. 1992-44, §§1, 2, 9-1-92; Ord. No. 1993-196, §1, 6-1-93; Ord. No. 2007-184, §1, 3-20-07; Ord. No. 2011-834, §§1, 3, 2-1-11, eff. 7-1-11; Ord. No. 2012-120, §1, 11-6-12, eff. 11-13-12; Ord. No. 2019-911, §§1, 2, 1-8-19 )