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<br /> <br /> <br /> <br /> <br /> <br /> prevent the exposure to customers of the establishment to <br /> secondhand smoke. <br /> <br /> 2. The administrator of a hospital or health care facility may <br /> designate a public smoking area within such facility, provided that <br /> the area shall be located so as to prevent the exposure to patients <br /> and the general public to secondhand smoke. <br /> <br /> 3. The owner, manager or operator of a theater or auditorium may <br /> designate a public smoking area within such facility, provided that <br /> the room is enclosed and located so as to prevent the exposure to <br /> the general public within the facility to secondhand smoke. <br /> <br /> 4. All designated smoking rooms and areas shall be equipped with <br /> ventilation systems in compliance with Section 17-67 (D)(1) and <br /> (D)(2)• <br /> <br /> 5. All designated smoking rooms and areas shall be subject to the <br /> approval of the Health Department. <br /> <br /> 6. A person commits an offense if he designates or mainta.ins a <br /> smoking area or roorrz in violation of this subsection. <br /> <br /> Sec. 17-67. Regulation of Smoking - Eating Establishments, Bars and Night <br /> Clubs <br /> <br /> A. A person commits an offense if he smokes tobacco or possesses a burning <br /> tobacco product in an eating establishment, bar or night club which has <br /> been designated by the owner, manager or operator of such establishment <br /> as a non-smoking establishment. <br /> <br /> B. Exce.ptions. <br /> <br /> 1. It is an exception to Subsection (A) that the smoking or possession <br /> occurred in an area designated as a smoking area by the owner, <br /> manager or operator of the establishment, and such area is in <br /> conformance with this article and such area is marked as a <br /> smoking area. <br /> <br /> 2. It is an exception to Subsection (A) that the smoking ar possession <br /> occurred in an area regulated by and in conformance with Section <br /> 17-70 of this article. <br /> <br /> C. Defenses. <br /> <br /> 1. It is a defense to prosecution under Subsection (A) that the <br /> establishment did not have prominently displayed a reasonably <br /> sized notice that smoking was prohibited. <br /> <br /> 2. It is a defense to prosecution under Subsection (A) that the <br /> facilities for the extinguishment of smoking materials were not <br /> located within twenty (20) feet of and outside of the public <br /> entrances of the establishment. <br /> <br /> D. 1. A ventilation system shall provide an air exchange every fifteen <br /> (15) minutes and shall exhaust the air to the exterior of the <br /> building and shall not cause air from a smoking area to be drawn <br /> across the nonsmoking area. <br /> <br /> <br /> <br /> 5 <br />