HomeMy WebLinkAboutORD 91-04 - No SmokingORDINANCE N!
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WHEREAS, on November 13, 1990, the City Council adopted Ordinance No. 900558
relating to the regulation of the smoking of tobacco products in public places;
WHEREAS, this Ordinance became effective on January 14, 1991;
WHEREAS, in the implementation of this Ordinance, it became apparent that the
exemption relating to restaurants should be amended to include an exemption for restaurants with
two separate rooms;
WHEREAS, the City Council has determined that this amendment to the Ordinance
relating to the regulation of the smoking of tobacco products in public places is in the best
interest of the City of Georgetown;
NOW, ' BE IT ORDAINED BY THECOUNCIL OF THE CITY OF
GEORGETOWN,
SECTION I.
The facts and recitations contained in the preamble of this ordinance are hereby found and
declared to be true and correct, and are incorporated by reference herein and expressly made a
part hereof, as if copied verbatim.
SECTION II.
Section C of Exhibit "A" of Ordinance No. 900558 relating to the "Smoking of Tobacco
Products in Public Places", is hereby amended by adding Paragraph 9 which shall read as
follows:
"9. In restaurants with a seating capacity of less than 50 seats, whether currently
in existence or to be established in the future, in which the indoor seating area is
clearly separated into two (2) or more rooms by floor to ceiling wall structures,
the smallest room of the restaurant may be designated as a smoking area. The
required wall structures shall contain no more than one (1) wall opening, not to
exceed forty-eight inches (48") in width, in each wall which is directly adjacent
to a no -smoking area."
SECTION III.
Nothing in this ordinance shall be construed to permit smoking where it is otherwise
prohibited by law or regulation; as prohibiting any employer or person in control of premises
from prohibiting smoking to a greater extent than is prohibited by this ordinance; or, as requiring
structural changes or additions in buildings.
SECTION IV.
If any provision of this ordinance or application thereof to any person or circumstance,
shall be held invalid, such invalidity shall not affect the other provisions, or application thereof,
of this ordinance which can be given effect without the invalid provision or application, and to
this end the provisions of this ordinance are hereby declared to be severable.
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This ordinance shall become effective and be in full force and effect sixty (60) days from
and after its passage and approval by the City Council and duly signed by the Mayor and attested
by the City Secretary. Publication in accordance with the provisions of the Charter of the City
of Georgetown is accordingly so ordained.
READ, PASSED AND APPROVED on First Reading on the 22nd day of January, 1991.
READ, PASSED AND APPROVED on Second and Final Reading on the /day of
February, 1991.
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Marianne Landers Banks
City Attorney
THE CITY OF GEORGETOWN:
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Sandra D. Lee
Deputy City Secretary