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 Norfolk
 Code of Ordinances
 Chapter 39.5. SMOKING

  § 39.5-4. Regulation of smoking in restaurants.  

Latest version.

  • (a)

    Smoking shall be prohibited in any restaurant.

    (b)

    Notwithstanding the prohibition set forth in subsection (a), above, a proprietor may permit smoking in the following places, provided that certain requirements are met:

    (1)

    Any place where food is prepared or stored for distribution to persons of the same or a related business operation for service to the public at some other location, such as preparation or storage facilities used by catering services, pushcarts, hotdog stands, and other mobile food vendors;

    (2)

    Any outdoor area of a restaurant, with or without roof covering, whenever the area is not enclosed, in whole or in part, by any screened walls, roll-up doors, windows, or other seasonal or temporary enclosures;

    (3)

    Any restaurants located on the premises of any manufacturer of tobacco products; and

    (4)

    Any portion of a restaurant that is constructed in such a manner that the area where smoking may be permitted satisfies all of the following criteria:

    a.

    The portion is structurally separated from all areas of the restaurant where smoking is prohibited and to which ingress and egress to said portion is only available through a single door that cannot be propped open;

    b.

    The portion is separately vented to prevent the recirculation of air from such portion to any area of the restaurant where smoking is prohibited; and

    c.

    At least one public entrance to the restaurant shall be into an area of the restaurant where smoking is prohibited, provided that such public entrance shall not be through any outdoor area where smoking is permitted in accordance with subsection (b)(2), above, unless such entrance was the only public entrance to the restaurant in existence as of December 1, 2009.

    (c)

    The proprietor of any restaurant shall remove all ashtrays and other smoking paraphernalia from any area in the restaurant where smoking is prohibited in accordance with this chapter.

    (d)

    No proprietor of any restaurant shall require any individual who is wait staff or bus staff to work in any portion of the restaurant where smoking may be permitted without the prior consent of such individual.

    (Ord. No. 43,697, § 1, 12-15-09)

(Ord. No. 43,697, § 1, 12-15-09)