§ 5-8.501. Smoking Optional Areas.

(a)

Notwithstanding any other provision of this article to the contrary, the following areas shall not be subject to the smoking restrictions of this article [chapter]:

(1)

Reserved.

(2)

Private residences, except when used as a child care or health care facility.

(3)

Retail tobacco stores.

(4)

A maximum of fifty (50) percent of hotel and motel rooms (provided, however, that each hotel and motel shall designate not less than fifty (50) percent of their hotel/motel rooms as nonsmoking rooms. The hotel/motel rooms designated as nonsmoking rooms will be posted as smoking prohibited and ashtrays removed).

(5)

Restaurant, hotel or motel banquet, conference or meeting rooms and public and private assembly rooms, when used for private functions.

(6)

Private clubs during events attended exclusively by members of the organization and their invited guests and from which members of the general public are excluded. An organization shall be deemed to be a private club where such organization has drafted and filed Articles of Incorporation and Bylaws with the California Secretary of State and such Articles of Incorporation and Bylaws specify the purpose of such organization to be a private club not open to the general public and/or is a nonprofit organization. The organization shall be in good standing with the California Secretary of State.

(7)

Smoking may be permitted at bingo game establishments but only in a separate, enclosed room away from lobby and rest rooms.

(b)

It shall not constitute a violation for a person to smoke in a location where smoking has been authorized in the manner prescribed by this section.

(c)

The foregoing places in subsection (a) are not considered places of employment subject to the provisions of Section 5-8.401. Employers will, however, attempt to find a reasonable alternative accommodation where feasible for nonsmoking employees who do not wish to be assigned to work in a smoking permissible area. Notwithstanding any provision in this ordinance [chapter] which permits smoking in a place of employment, any nonsmoking employee may object to his or her employer about smoking in his or her work place. The employer shall attempt to reach a reasonable accommodation, insofar as possible. If an accommodation which is satisfactory to all affected nonsmoking employees cannot be reached within a particular place of employment, the employer who employs the nonsmoking employees shall formulate, promulgate and implement restrictions or prohibitions upon smoking in a manner which accommodates the reasonable preferences and needs of the nonsmoking employees in relation to the nuisance and health impacts of the smoking upon the nonsmokers. The area in which smoking is prohibited shall be posted by "no smoking" signs in the manner prescribed by the provisions of Section 5-8.601(a).

(d)

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

(Ord. 2842-C.S., § 1, amended by Ord. 2883-C.S., § 1)

(Amended by Ord. 3639-C.S., § 1, effective 12-24-15)