City of Linwood, NJ
Atlantic County
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Table of Contents
Table of Contents
[Adopted 5-10-2000 by Ord. No. 10-2000]
As used in this article, the following terms shall have the meanings indicated:
ADEQUATE VENTILATION
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.
ENCLOSED AREAS
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).
LIQUOR LICENSE
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.
RESTAURANT
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.
SMOKING or TO SMOKE
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.
A. 
Any person who violates any provision of this article shall be guilty of an infraction, punishable by a minimum fine of $100 not to exceed a maximum fine of $500.
B. 
Each day of noncompliance shall constitute a separate infraction and punishable offense.