§ 14-171. Smoking in public places and places of employment.

(a)

Definitions.

Employee means any person who performs services for an employer in return for wages, profit or other valuable consideration, and/or a person who volunteers his or her services for a non-profit entity.

Employer means any person, partnership, association, corporation, trust, school, college, university or other educational institution, nonprofit entity or other organization, including any public or private employer, any manager, supervisor, and all other persons charged with control, supervision, and operation of any workplace, work space, or work spaces as defined herein, that employs one or more persons.

Enclosed means a space bounded by walls (with or without windows), a ceiling or roof, and enclosed by doors, including but not limited to, offices, rooms, foyers, waiting areas and halls.

Private club means an organization, whether incorporated or not, which is the owner, lessee, or occupant of a building or portion thereof used exclusively for club purposes at all times, which is operated solely for a recreational, social, patriotic, political, benevolent, or athletic purpose, but not for pecuniary gain, and which only sells alcoholic beverages incidental to its operation. The affairs and management of the organization are conducted by a board of directors, executive committee, or similar body chosen by the members at an annual meeting. The organization has established bylaws and/or a constitution to govern its activities. The organization has been granted an exemption from the payment of federal income tax as a club under 26 U.S.C. Section 501. Establishments which are in fact operating as bars, restaurants, or entertainment venues primary for the pecuniary benefit of the owner or chief operating officer shall not be treated as private clubs under this definition. A private club will not be considered a private club for the purposes of this definition when being used for a function to which the general public is allowed to enter.

Retail tobacco store means any establishment which is not required to possess a retail food permit whose primary purpose is to sell or offer for sale to consumers, but not for resale, tobacco products and paraphernalia, in which the sale of other products is merely incidental, and in which the entry of persons under the age of 18 is prohibited at all times. For purposes of this article, the establishment may not possess a license for on premise consumption of alcoholic beverages.

Secondhand smoke is the complex mixture formed from the escaping smoke of a burning tobacco product (termed as "sidestream smoke") and smoke exhaled by the smoker. Exposure to secondhand smoke is also frequently referred to as "passive smoking," "secondhand smoking" or "involuntary smoking".

Smoking means the inhaling, exhaling, burning, lighting or carrying of a lighted cigarette, cigar, pipe, or similar device or any other lighted tobacco product.

Smoking materials includes cigars, cigarettes and all other manner of smoking devices intended to be used for the purpose of inhaling, burning, carrying or exhaling lighted tobacco products.

Workplace means any enclosed indoor area, structure, building or facility or any portion thereof at which one or more employee(s) perform services for their employer, including but not limited to: retail food stores, retail stores, restaurants, bars, cabarets, cafes, public or private clubs, pool halls, and bowling alleys.

Work space or work spaces means any enclosed area occupied by an employee during the course of his or her employment, including but not limited to: offices, customer service areas, common areas, hallways, waiting areas, restrooms, lounges, and eating areas.

(b)

Prohibition of smoking in the workplace. The following apply to all areas of the Town of Irmo:

(1)

All employers shall provide a smoke-free environment for all employees working in any work space or workplace as those terms are defined herein. Further, the employer shall prohibit any persons present in any work space or workplace from smoking tobacco products therein.

(2)

No person shall smoke or possess a lighted tobacco product in any work space or workplace.

(3)

Notwithstanding any other provision in this article, an owner, operator, manager, or other person in control of an establishment, facility or outdoor area may declare the entire establishment, facility or outdoor area as a nonsmoking location. Smoking shall then be prohibited in any place in which a sign conforming to the requirements of section 14-171(f) is posted.

(c)

Exceptions. Notwithstanding the provisions of subsection (d) herein, smoking may be permitted in the following places in the town under the following circumstances:

(1)

Private residences;

(2)

Hotel and motel rooms that are rented to guests and are designated as smoking rooms; provided however, that not more than 25 percent of rooms rented to guests in a hotel or motel may be so designated. All smoking rooms on the same floor must be contiguous and smoke from these rooms must not infiltrate areas where smoking is prohibited under provisions of this section. The status of rooms as smoking or nonsmoking may not be changed, except to add additional nonsmoking rooms;

(3)

Retail tobacco stores as defined herein;

(4)

Private clubs that have no employees, except when being used for a function to which the general public is admitted;

(5)

Religious ceremonies where smoking is part of the ritual; and

(6)

Businesses licensed in the town when the ordinance from which this article is adopted that allow smoking within the establishment may continue to allow smoking until such time as the business license is non-renewed or changes business classification.

(d)

Posting of signs. The owner, manager or person in control of a workplace that allows smoking shall post a conspicuous sign at the main entrance to the workplace, which shall contain the words "smoking allowed" so as to put the general population on notice that smoking is allowed in said establishment.

(e)

Reasonable distance. In the town, smoking is prohibited within a distance of ten feet from any door which is used as an entrance to or exit from an enclosed area where smoking is prohibited so as to insure that tobacco smoke does not enter the area through the entry. This distance shall be measured from the center of the door in question.

(f)

Jurisdiction, enforcement and penalties.

(1)

A person smoking or possessing a lighted tobacco product in any work space or workplace shall be guilty of an infraction.

(2)

An infraction is punishable by a fine of $25.00. Each time on which a violation of this section occurs shall be considered a separate and distinct infraction. A violation of this section is furthermore declared to be a public nuisance.

(3)

If three or more infractions occur within a six-month period at a workspace or workspace subject to this article, such shall be deemed to be a nuisance related to the business.

(g)

Governmental agency cooperation. The town administrator shall request other governmental and educational agencies having facilities within the town to establish local operating procedures in cooperation and compliance with this section. This includes urging all federal, state, county, city and school district agencies to update their existing smoking control regulations to be consistent with the current health findings regarding secondhand smoke.

(Ord. No. 10-19, 11-16-2010; Ord. No. 12-05, 4-17-2012)

Editor's note

Ord. No. 10-19, November 16, 2010, set out provisions intended for use as § 14-152. For purposes of classification, and at the editor's discretion, these provisions have been included as § 14-171.