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Help & SupportChapter 6-4: Regulation of Smoking15
The purpose of this chapter is to protect the public health, safety, and welfare by prohibiting smoking in buildings open to the public or serving as places of work, except in certain buildings or parts of buildings where the council has determined that smoking should not be prohibited, and fixing the requirements of property owners in this regard. In addition, this chapter regulates access of minors to tobacco products.
The following terms used in this chapter have the following meanings unless the context clearly indicates otherwise:
"Building" means any structure enclosed for protection from the weather, whether or not windows or doors are open. If a person leases or possesses only a portion of a building, the term "building" applies to the leasehold or possessory interest as well.
"Dwelling" means any place used primarily for sleeping overnight and conducting activities of daily living, including, without limitation, a hotel or motel room or suite or a hospital, hospice or nursing home room, but not a hotel, motel, hospital, hospice or nursing home lobby, common elevator, common hallway or other common area.
"Independently ventilated" shall mean that the ventilation system for the area in which smoking is permitted and the ventilation system for any non-smoking area do not have a connection which allows the mixing of air into the smoking and non-smoking areas.
"Physically separated" means that there are physical barriers such as walls and doors extending from floor to ceiling that prohibit smoke from entering a non-smoking area.
"Public conveyance" means any motor vehicle or other means of conveyance licensed by the Public Utilities Commission of the state for the transportation of passengers for hire, and includes, without limitation, busses, taxicabs, limousine services, and airport passenger services.
"Restaurant" means an establishment licensed as a hotel/restaurant under the liquor laws of the state, or an establishment whose principal business is the retail sale of prepared food and beverages and has seating for on-premises consumption of food.
"Smoke" or "smoking" means the lighting of any cigarette, cigar, or pipe or the possession of any lighted cigarette, cigar, or pipe, regardless of its composition.
"Tavern" means an establishment licensed as a tavern under the liquor laws of the state.
"Tobacco product" means cigarettes, cigars, cheroots, stogies, periques, and other products containing any measurable amount of tobacco, granulated, plug cut, crimp cut, ready rubbed, and other smoking tobacco, snuff, snuff flour, cavendish, plug and twist tobacco, fine-cut and other chewing tobaccos, shorts, refuse scraps, clippings, cuttings and sweepings of tobacco, and other kinds and forms of tobacco.
"Tobacco store" means a retail business open to the public if more than eighty-five percent of its gross revenue from that location is from the retail sale of cigarettes and tobacco products, or products related to the use of cigarettes and tobacco products.
(Ordinance No. 6088 (1999))
6-4-3 Smoking Prohibited Within Buildings.
(a) No person shall smoke within any building except in one of the following locations:
(1) In any dwelling. This exception does not extend to a lobby, common elevator, common hallway, or any other common area of a building containing attached dwelling units, hotel rooms, or motel rooms, but if a hospital, hospice, or nursing home permits smoking in its dwelling rooms, smoking is not allowed in any room shared with a non-smoker without that person's consent;
(2) In a room or hall being used by a person or group for a private social function that is not open to the public, in any room used for psychological treatment of nicotine addiction by a licensed health care professional, or in a physically separate and independently ventilated room in a hospital, hospice, or nursing home open to all residents as a smoking room and for no other purpose;
(3) In a tobacco store;
(4) In a designated smoking area in a restaurant or tavern as provided in section 6-4-5, "Smoking Areas in Restaurants and Taverns," B.R.C. 1981;
(5) In a building or on property which is occupied by the State of Colorado, the United States government, Boulder County, or the Boulder Valley School District which was not designated as a no-smoking area by the manager of such area. The city council urges such governmental entities to designate no-smoking areas in order to promote full access by the public and protect the health of employees; or
(6) By a performer as part of a theatrical production, so long as the following additional conditions are met:
(A) A sign with letters no less than one inch high is posted conspicuously at each public entrance to the place of performance informing the audience that performers will be smoking as part of the performance; and
(B) The producer of the performance has used reasonable efforts to inform the potential audience for the performance, in advance of their arrival at the place of performance, of the fact that performers will be smoking as part of the performance. This shall be accomplished by giving the information at the time advance reservations are made or advance tickets are sold, or seats are confirmed, or by including in all advertising and publicity specific to the performance over whose content the producer has control the information that actors will be smoking as part of the performance, or by any other means reasonably likely to convey the information in a timely manner.
(b) Unless excepted under subsection (a) of this section, the prohibitions of this chapter apply to all buildings which serve as places of work, but this subsection (b) neither enlarges nor diminishes the meaning of subsection (a) of this section.
(c) Nothing in this chapter shall prevent an owner, lessee, principal manager or person in control of any place, including, without limitation, any motor vehicle, outdoor area, or dwelling, from prohibiting smoking completely in such place, and no person shall fail to abide by such a private prohibition.
(Ordinance No. 5797 (1996))
6-4-4 Smoking Prohibited in Public Conveyances.
No person shall smoke in any public conveyance.
6-4-5 Smoking Areas in Restaurants and Taverns.
(a) The owner, lessee, principal manager, or person in control of a restaurant or tavern may designate one smoking area of no more than fifty percent of the square footage of the floor area of the establishment which is open to the public so long as it meets all of the following criteria:
(1) It is independently ventilated from the non-smoking areas;
(2) It is physically separated from the non-smoking areas;
(3) A designated smoking area under this section may not include any waiting area, lobby, hallway, elevator, restroom, or area adjacent to a self-service food line or cash register, and such areas shall also be excluded from the calculation of the square footage of floor area under this subsection; and
(4) Any service or amenity which the establishment chooses to provide to patrons, other than smoking, shall at all times be at least as available in the non-smoking majority portion of the establishment as in the designated smoking area. This requirement includes, without limitation, live entertainment and games.
(5) The city manager may make reasonable rules interpreting the terms "independently ventilated" and "physically separated" and specifying ventilating and construction measures which will accomplish these goals.
(b) No owner, lessee, principal manager, or person in control of a restaurant or tavern which designates a smoking area shall fail to maintain it in accordance with the requirements of this chapter.
(c) If patron seating at an establishment with a designated smoking area is directed by an employee, no owner, lessee, principal manager, or person in control of the establishment shall fail to ensure that such employee asks each patron for the patron's preference for seating in or use of a no-smoking or a smoking area. If patron seating or use at an establishment with a designated smoking area is not directed by an employee, no owner, lessee, principal manager, or person in control of the establishment shall fail to post a conspicuous sign on all public entrances or in a position clearly visible on entry into the restaurant advising patrons that such a no-smoking area is available and where it is located.
6-4-6 Signs Required to be Posted.
To advise persons of the existence of "No Smoking" or "Smoking Permitted" areas, no owner, lessee, principal manager, or person in control of a building or an establishment within a building shall fail to post signs with letters no less than one inch high or symbols no less than three inches high as follows:
(a) Where smoking is prohibited in the entire establishment, a sign using the words "No Smoking" or the international no-smoking symbol shall be posted conspicuously either on all public entrances or in a position clearly visible on entry into the building or establishment.
(b) In a building where certain areas are designated as smoking areas pursuant to this chapter, a sign using the words "No Smoking Except in Designated Areas" shall be posted conspicuously either on all public entrances or in a position clearly visible on entry into the building.
(c) In a building or establishment where smoking is permitted in the entire building or establishment, a sign using the words "Smoking Permitted" or the international smoking symbol shall be posted conspicuously either on all public entrances or in a position clearly visible on entry into the building or establishment.
(d) If an ashtray or other receptacle for extinguished smoking materials is located in a building, except in an area where smoking is permitted, a sign with the international no-smoking symbol and letters no less than one inch high using the words "No Smoking" and three-quarters inch high using the words "Extinguish Here," shall be posted within twelve inches above each such ashtray or other receptacle.
(e) The requirements of this section do not apply to an exempt dwelling.
6-4-7 Additional Responsibilities of Proprietors.
(a) No owner, lessee, principal manager, or person in control of a building or establishment shall fail to:
(1) Ask smokers to refrain from smoking in any no-smoking area;
(2) In a restaurant or tavern, if smoking is allowed, affirmatively direct smokers to designated smoking areas; and
(3) Use any other means which may be appropriate to further the intent of this chapter.
(b) No owner, principal manager, proprietor, or any other person in control of a business shall fail to insure compliance by subordinates, employees, and agents with the restrictions on sale and display of tobacco products contained in section 6-4-8, "Restrictions on Sale and Display of Tobacco Products," B.R.C. 1981.
(Ordinance No. 6088 (1999))
6-4-8 Restrictions on Sale and Display of Tobacco Products.
(a) No person shall furnish to any person who is under eighteen years of age, by gift, sale, or any other means, any tobacco product.
(b) No person shall sell or offer to sell any tobacco product by use of a vending machine.
(c) No person shall stock or display, or sell from a stock or display, tobacco products in a business which sells such products at retail in a manner which makes them accessible to customers without the assistance of an employee. This subsection requires a direct, face-to-face exchange of the tobacco product from an employee to the customer.
(d) No person shall distribute any tobacco product with-out charge in any public place or at any event open to the public for the purpose of promotion or advertising. No person shall, in any public place or at any event open to the public, distribute any coupon or similar writing which purports to allow the bearer to exchange the same for any tobacco product, either free or at a discount.
(e) No person shall sell tobacco products except cigars or pipe tobacco in any form or condition other than in the packaging provided by the manufacturer.
(f) No person shall sell cigarettes except in packs of twenty or more cigarettes per pack.
(g) It is an affirmative defense to a charge of violating subsection (a) of this section that the person furnishing the tobacco product was presented with and reasonably relied upon a document which identified the person receiving the prohibited items as being eighteen years of age or older.
(h) It is a specific defense to a charge of violating subsection (b) of this section that the vending machine was located in a place of work not open to the public where persons under eighteen years of age are not permitted access.
(i) It is a specific defense to a charge of violating subsection (c) of this section that the store was a tobacco store and no person under the age of eighteen years was within the premises unless actually accompanied by a parent or legal guardian. A tobacco store may use self-service displays of tobacco products so long as it is within the terms of this specific defense.
(j) It is a specific defense to a charge of violating subsection (c) of this section that the tobacco product was a cigar or pipe tobacco in a locked walk-in humidor, entry into which by the customer required the assistance of an employee, and no person under eighteen years of age was in the humidor.
(k) (1) It is a specific defense to a charge of violating subsection (c) of this section that the tobacco product was a cigar or pipe tobacco in a walk-in humidor which was visually monitored by an employee, and no person under eighteen years of age was in the humidor.
(2) This defense shall not apply if there have been three convictions of violation of subsection (c) of this section involving the business within any thirty-six month period, based on the dates of the offenses, and the most recent conviction became final no more than five years before the pending violation.
(Ordinance No. 6088 (1999))
15 Adopted by Ordinance No. 5754. Derived from Ordinance Nos. 4023, 4661, 4898, 4969, 4994, 5176, 5248.