[Adopted 5-10-2000 by Ord. No. 10-2000]
As used in this article, the following terms
shall have the meanings indicated:
An enclosed area (as defined below) or a sufficiently separated
area which shall be properly ventilated to prevent smoke from entering
areas designated as nonsmoking.
A space between floor and ceiling which is enclosed on all
sides by solid walls, exclusive of windows and doors, which extend
from the floor to the ceiling and which has adequate ventilation as
defined above. Partitions, partial walls, dividers and/or other devices
may be sufficient to constitute an enclosed area or a sufficiently
separated area as determined by the City of Linwood Board of Health
or by its designee (i.e., Board of Health Inspector).
A specialized license to distribute or sell alcoholic beverages
in a lawful manner, as provided by N.J.S.A. Title 33 and/or all other
applicable laws of the State of New Jersey.
An establishment which is primarily devoted to the sale,
service or preparation of food for patrons or customers who may consume
same on or off the premises, whether at a counter, window or table,
whether standing or seated. The term "restaurant" includes but is
not limited to, diners, coffee shops, bagel shops, pizzerias, sandwich
shops, candy stores, gourmet shops, cafeterias, including school cafeterias,
fast-food restaurants, catering establishments and/or any other similar
establishments of whatsoever nature. The application of this article
shall be conditioned upon whether the restaurant has a liquor license
as defined above.
The act of inhaling, exhaling, burning or carrying any lighted
cigarette, cigar, pipe, weed, plant or other combustible substance
in any manner or in any form, including but not limited to tobacco
or similar products.
Smoking shall be prohibited or restricted as
follows:
A.
Restaurants. In general, smoking shall be prohibited
in all restaurants in the City of Linwood.
B.
Exceptions. Smoking shall not be prohibited from the
following areas:
(1)
Restaurants with liquor licenses. Smoking is not prohibited
from restaurants with liquor licenses, provided that said restaurants
have designated smoking areas. The designated smoking areas shall
be enclosed areas (as defined above) or sufficiently separated areas
as determined by the City of Linwood Board of Health or by its designee
(i.e., Board of Health Inspector).
There shall be posted in every entrance of every
restaurant a conspicuous sign clearly stating that smoking is prohibited,
either by a sign indicating "No Smoking" or by the international no
smoking symbol. For restaurants with liquor licenses, the aforedescribed
sign shall instead state that there is designated "Smoking and Nonsmoking"
areas within its establishment. Restaurants with liquor licenses shall
additionally display conspicuous signs clearly depicting what portion
of its restaurant is Smoking and Nonsmoking. Signs shall be available
through the Board of Health upon request. Should comparable signs
be desired, same must first be submitted for Board of Health approval.
All ashtrays and other smoking paraphernalia
shall be removed by the owner, operator, manager or other person having
control of such area from any area where smoking is prohibited by
this article.
[Amended 6-14-2000 by Ord. No. 12-2000]
Enforcement of this article shall be implemented
by the Code Enforcement Officer of the City of Linwood or by his/her
designee.
It shall be unlawful for the owner, manager
and/or operator of a restaurant to allow or permit any person to smoke
in any portion of its restaurant which is subject to the nonsmoking
provisions, as set forth above. It likewise shall be unlawful for
any person to act in a manner in violation of this article.
