Item C: Standards for Outdoor Smoking Areas

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ATTACHMENT C ORDINANCE NO. ________ AN ORDINANCE CONCERNING SMOKING AREAS; AMENDING SECTIONS 6.225, 6.230, 6.235, AND 6.240 OF THE EUGENE CODE, 1971; REPEALING SECTION 6.232 OF THAT CODE; AND ADDING SECTION 6.245 TO THAT CODE. The City of Eugene does ordain as follows: Section 1 . Section 6.225 of the Eugene Code, 1971, is amended by amending the introductory clause, and the definition for “Bar;” and adding a definition for “Outdoor smoking area,” to provide: 6.225 Definitions . For the purposes of sections 6.230 to [6.240] 6.245 of this code, the following words and phrases mean: Bar or tavern. An area that is devoted to the serving of alcoholic beverages for consumption by guests on premises and in which the serving of food is only incidental to the consumption of such beverages. Outdoor Smoking Area. Any portion of a bar, tavern, or restaurant, open to outside air at all times, that either: (a) Has no roof or other overhead covering at all, regardless of the percentage of walls or sides that may be closed; or (b) Is enclosed by no more than 50 percent by walls or other side coverings if it is also enclosed by a roof or other overhead covering. Walls and side coverings within ten feet of any portion of an outdoor smoking area shall be considered as walls or side coverings enclosing the space. Section 2 . Subsection (2)(o) of Section 6.230 of the Eugene Code, 1971, is amended to provide: 6.230 Smoking Prohibited in Public Places and Places of Employment . (2) Smoking is prohibited in all public places and all places of employment within the city, including, but not limited to the following: (o) Within a reasonable distance, of not less than ten feet, of any entrance, operable window, or other opening to any enclosed area where smoking is prohibited. Section 3 . Section 6.232 of the Eugene Code, 1971, is repealed.