Item C: Standards for Outdoor Smoking Areas

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[6.232 Smoking Prohibited in Public Structures. In addition to the prohibitions in section 6.230 of this code, smoking is prohibited in all structures to which the public is invited or permitted and in all structures under the control of a public or private employer, except in structures that, as of March 1, 2005, met both of the following requirements: (a) The structure was authorized by a building permit, if required, and construction had actually begun; and (b) Smoking was lawful in the structure or space covered by the structure.] Section 4 . Subsection (1) of Section 6.235 of the Eugene Code, 1971, is amended to provide: 6.235 Smoking Prohibited - Enforcement . (1) In every building or enclosed area in which smoking is prohibited by section 6.230 of this code, a “No Smoking” sign shall be conspicuously posted by the owner, manager, or other person having control of the building or area. In an outdoor smoking area, a sign shall be posted to inform patrons that smoking is prohibited within 10 feet of the door between the outdoor smoking area and the interior portion of the bar, tavern, or restaurant. The signs shall be of a form and size approved by the city manager and contain a reference that regulation is by sections 6.225 to 6.240 of this code. Section 5 . Subsection (e) of Section 6.240 of the Eugene Code, 1971, is amended to provide: 6.240 Smoking Prohibited - Exceptions . The restrictions set forth in sections 6.230 and 6.235 of this code do not apply to: (e) [Designated smoking entrances.] Outdoor smoking areas. Section 6 . Section 6.245 of the Eugene Code, 1971, is added to provide: 6.245 Legal Nonconforming Situations. An outdoor smoking area that was legally established but that no longer complies with the standards in sections 6.230 to 6.240 of this code shall be considered a legal nonconforming use for a period of one year from the effective date of this ordinance. During this period, no nonconforming outdoor smoking area may be expanded, intensified or moved, nor may it be altered in a manner which increases its nonconformity. No later than one year from the effective date of this ordinance, all outdoor smoking areas must comply with the standards in sections 6.230 to 6.240 of this code. Section 7. The City Recorder, at the request of, or with the concurrence of the City Attorney, is authorized to administratively correct any reference errors contained Ordinance - 2 L:\CMO\2005 Council Agendas\M050912\S050912C-attC.doc