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Admin Order 21-19-01-F
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Admin Order 21-19-01-F
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2/14/2019 3:16:02 PM
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2/14/2019 3:15:53 PM
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4. As of the effective date of this Order, Smoking Prohibited Administrative Rule R- <br />6.230 provides as follows: <br />SMOKING PROHIBITED ADMINISTRATIVE RULE R-6.230 <br />R-6.230-A Smoking Prohibited Except in Outdoor Areas. y <br />(1) Rules R-6.230-A through R-6.230-C implement Section 6.230 of the Eugene Code, <br />1971 ("EC"), by defining more precisely where smoking is allowed in areas associated with a <br />restaurant, bar or tavern with an on-premises liquor license. <br />(2) Smoking is permitted only in designated o'Utdoor smoking areas. <br />(3) F or purposes of this rule, a "designated outdoor smoking area" is any portion of a <br />restaurant, bar or tavern, which is at least 1 0 feet from a door, air intake or openable window, and <br />that either: <br />(a) Has no roof or other overhead covering at all, regardless of whether the <br />smoking area has any walls or sides of any type. An area qualifies as an outdoor smoking <br />area under this paragraph only where the walls of the area are configured so that the open <br />area at the top of any walls or side coverings is at least as large as the floor space of the <br />smoking area below; or <br />(b) If the smoking area is covered by a roof or other overhead covering, no more <br />than 25 per cent of the smoking area is enclosed by walls or other side coverings. Walls <br />and side coveripgs within ten feet of any portion of an outdoor smoking area shall be <br />considered as walls or coverings enclosing the space. In addition, walls or side coverings <br />more than ten feet from the outdoor smoking area may be considered as walls or side <br />coverings enclosing the space if their effect is to prevent substantially the free flow of <br />outdoor air into the smoking area. <br />(4) Notwithstanding paragraph (3)(b) of this rule , <br />(a) A smoking area that is entirely open on three sides but abuts a single , <br />straight outside wall of a restaurant, bar or tavern complies with the standards for an <br />outdoor smoking area in this rule even if the length of the wall exceeds 25% of the <br />perimeter of the smoking area. <br />(b) For purposes of this rule , "wall or other side covering" does not include <br />walls or other structures up to 30 inches above the floor or ground level of the smoking <br />area, or safety railings as required by the State of Oregon Structural Specialty Code , so <br />long as they do not prevent substantially the free flow of outdoor air into the smoking area. <br />Security coverings or other measures to protect the designated outdoor smoking area from <br />theft and vandalism are allowed, but must be removed during hours of operation to provide <br />a minimum 75 percent opening to the outside air. <br />Administrative Order -Page 2 of 5
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