Ordinance No. 20212 - Laserfiche WebLink

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6.240 Smoking Prohibited - Exceptions. The restrictions set forth in sections 6.230 and 6.235 of this code do not apply to: (a) Private residences, unless the private residence is used as a child care, adult day care, or health care facility; (b) Rented motellhotel rooms that are designated in some manner as smoking rooms by the owner of the establishment renting the room; ( c ) Private rooms rented for an occupancy that exceeds one month and not located in a private residence used as a child care, adult day care, or health care facility; (d) (e) (t) Retail tobacco stores; Designated smoking entrances; or Adult only taverns, bars, cocktail lounges or bingo parlors. Section 2. A new Subsection (13) is hereby added to Section 6.990 of the Eugene Code, 1971, to provide: 6.990 Penalties - Specific. (13) Any person who violates a provision of section 6.230 or 6.235, or a business, owner, or employer who permits a violation of sections 6.230 or 6.235 of this code to occur, shall, upon conviction, be punished by a fine of: (a) Not less than $50, nor more than $100 for the first violation; (b) Not less than $100, nor more than $200 for the second violation occurring within a period of 12 months from the first violation; (c) Not less than $250, nor more than $500 each for the third and subsequent violations occurring within a period of 12 months from the first violation. The above penalties are in addition to, and not in lieu of, any administrative civil penalties that may be imposed or other remedies the city may have under this code or other laws or regulations. Section 3. The City Recorder, at the request of, or with the concurrence of the City Attorney, is authorized to administratively correct any reference errors contained herein or in other provisions of the Eugene Code, 1971, to the provisions added, amended or repealed herein. Section 4. Notwithstanding the amendments to section 6.230 of the Eugene Code, 1971, no citation or administrative civil penalty for violation of section 6.230 shall be issued or imposed where an owner or manager has, by the date of implementation of the amendments to section 6.230, commenced construction of an outdoor seating area. "Commenced construction" for purposes of this section means that the owner or manager submitted a building permit application that the City Ordinance - 4