A. Smoking areas may be designated in public places and places of employment by proprietors or other persons in charge, except in retail stores, retail service establishments, food markets, public conveyances, theaters, auditoriums, public assembly rooms, meeting rooms, restrooms, elevators, pharmacies, libraries, museums or galleries which are open to the public or any other place where smoking is prohibited by the Fire Marshal or by other law, ordinance or regulation. Where smoking areas are designated, existing physical barriers and ventilation systems shall be used to minimize the toxic effect of smoke in adjacent nonsmoking areas. It shall be the responsibility of employers to provide smoke-free areas for nonsmokers within existing facilities to the maximum extent possible, but employers are not required to incur any expense to make structural or other physical modifications in providing these areas. An employer who in good faith develops and promulgates a policy regarding smoking and nonsmoking in the workplace shall be deemed to be in compliance with this section; provided, that a policy, which designates an entire workplace as a smoking area, shall not be deemed a good faith policy. No public place other than the ones enumerated in CVMC 8.22.070 shall be designated as a smoking area in its entirety.

B. Outdoor smoking areas may be designated within an affordable housing project as long as they are not within 25 feet of any window, door, or common area amenities.

C. Notwithstanding any other provision of this chapter, any facility or area may be designated in its entirety as a no-smoking area by the owner or manager thereof. (Ord. 3413 § 1 (Att. A), 2018; Ord. 3058 § 1, 2007; Ord. 2086 § 1, 1984).