Smoke Free Theatre

Smoke Free Theatre



Sec. 7-100. Smoking prohibited in certain areas.



(a) Definitions.



Bed and breakfast establishment has the meaning set forth in Sec. 9-321.



Childcare facility means any state licensed or county certified child care facility including, but not limited to, licensed family day care or licensed group day care centers, licensed day camps, certified school-age programs and Head Start programs.



City buildings means all City-owned and operated buildings and those portions of buildings leased and operated by the City.



Common areas of buildings means all areas not part of a tenants leased premises, including, but not limited to, lobbies, community rooms, hallways, laundry rooms, stairwells, elevators, enclosed parking facilities, pool areas and restrooms contiguous thereto.



Common areas of malls means those areas within a mall customarily accessible to patrons.



Educational facility means any building used principally for educational purposes in which a school is located or a course of instruction or training program is offered that has been approved or licensed by a state agency or board.



Employee means any person who is employed by any employer for direct or indirect monetary wages or profit, including those full time, part time, temporary or contracted for from a third party.



Employer means any person, partnership, limited liability company, corporation, or other entity, including a public entity who employs the services of one (1) or more individual persons.



Enclosed area means all space between a floor and ceiling which is enclosed on all sides by solid walls or windows (exclusive of door or passage ways) which extend from floor to ceiling, including all space therein screened by partitions which do not extend to the ceiling or are not solid, other landscaping or similar structures.



Entrance means a doorway and adjacent area which gives direct access to a building form a contiguous street, plaza, sidewalk or parking lot.



Health care facility has the meaning set forth in Sec. 155.01(6), Wis. Stats.



Hotel and motel has the meaning set forth in Sec. 9-341.



Incidental means so minor in significance and non-essential to the primary use, purpose or operation that if the incidental use is discontinued, the primary purpose would continue without harm.



Mall means an enclosed, indoor area containing common areas and discrete businesses primarily devoted to the retail sale of goods and services.



Medical services has the meaning set forth in Sec. 647.01(6), Wis. Stats.



Non-smoking means smoking is prohibited.



Person in charge means the person who ultimately controls, governs or directs the activities aboard a public conveyance or within or at a place where smoking is regulated under this section, regardless of the persons status as owner or lessee.



Place of employment means an enclosed area controlled by the employer, which employees normally frequent during the course of employment, including, but not limited to, work areas, employee lounges and restrooms, conference and classrooms, employee cafeterias and hallways. A private residence is not a place of employment within the meaning of this ordinance unless used as a childcare facility.



Private residence means premises owned, rented or leased by temporary or permanent habitation.



Restaurant means an establishment defined in Sec. 9-236.



Retail tobacco store means a business whose primary purpose is the sale of tobacco products and accessories and in which the sale of other products is merely incidental.



Room means a space within a building completely enclosed with walls, partitions, floor and ceiling, except for openings for light, ventilation, ingress and egress.



School board means the school board in charge of the public schools, grades K-12, of a school district.



Smokefree means absence from the ambient air of the smoke by-product from the burning, inhaling, exhaling, or carrying of a lighted cigarette, cigar, pipe, weed or plant.



Smoking means to smoke or carry a lighted pipe, cigar, cigarette or tobacco-related products in any form.



Sports arena means sports pavilions, stadiums, gymnasiums, health spas, boxing arenas, swimming pools, roller and indoor ice rinks, and bowling centers.



Tavern means any establishment whose primary purpose is the sale of fermented malt beverages or intoxicating liquors for consumption upon said premises and in which the sale of other products is merely incidental.



Tobacco product means a combustible cigarette, cigar, weed, plant or other combustible substance prepared in such a manner that it is suitable for smoking. This section shall not include smoke-free tobacco products.



Use tobacco products means to consume by burning, inhaling, exhaling or carrying a lighted cigarette, cigar, pipe, weed, plant, or any other combustible substance in any manner in any form.



(b) Intent and purpose.



(l) This City Council recognizes the fact that while a complete workplace smoking ban may be desirable in the long term and efforts are underway at the State level to craft and implement a uniform code for the entire State of Wisconsin, it also recognizes that Appleton is surrounded by several municipalities that continue to allow smoking in normal public gathering places, including bars, taverns and night clubs and bowling alleys where socializing by smokers and non-smokers alike routinely takes place. The current anti-smoking ordinance has negatively impacted the financial stability of establishments that hold a Class B liquor license.



(2) This ordinance incorporates many aspects of the current smoking ban while easing the financial hardships of those most greatly affected.





(c) Prohibition of smoking in indoor public places. Except as otherwise provided, specifically including but not limited to, paragraph (g) Exceptions below, it shall be unlawful for any person to smoke tobacco products in indoor public places, including, but not limited to, the following:



(1) Elevators and enclosed stairwells, including those within City parking ramps.



(2) Publicly owned and operated forms of transportation,



(3) Theatres, libraries, museums, auditoriums, sports arenas, convention halls that are used by or open to the public.



(4) Any childcare facility. Incorporated herein by reference are the following Wisconsin statutory and administrative code sections and any amendments or renumbering thereof: Sec. 101.123(1)(ad) and (2)(bm), Wis. Stats.; Secs. HFS 45.02(4), 45.06(8)(g), 46.03(13), 46.06(2)(h), and 46.08(2)(c), Wis. Adm. Code.



(5) Retail stores.



(6) Health care facilities.



(7) Waiting rooms, hallways, rooms of health care laboratories.



(8) Waiting rooms, hallways, rooms in offices of any physician, dentist, psychologist, chiropractor, optometrist or optician, or other medical services provider.



(9) Meeting and conference rooms in which people gather for educational, governmental or political purposes.



(10) Polling places.



(11) Service lobbies, waiting areas, and the common areas open to the public of financial institutions, business and professional offices, and multi-unit commercial facilities.



(12) Self-service laundry facilities.



(13) Enclosed, indoor areas of restaurants.



(14) Common areas of malls.



(15) Public bus and transfer point shelters.



(16) Common areas of building which contain three (3) or more rental units. Written Rental Agreements shall include reference to this subdivision.



(17) City buildings.



(18) City-owned or leased motor vehicles.



(19) Sports arenas.



(20) Common areas in bed and breakfast establishments, hotels and motels.



(d) Prohibition of smoking in outdoor areas. It shall be unlawful for any person to smoke or use tobacco products in the following outdoor areas:



(1) Within twenty (20) feet from all entry ways of City-owned buildings and structures, including, but not limited to, parking ramps, park pavilions, etc., except open air facilities and top floor of ramps.



(2) Outside of the Appleton Public Library inclusive of:

a. the sidewalk between the main entrance and public parking lot, extending from Appleton Street to Oneida Street,

b. the West sidewalk along Oneida Street between Washington Street and Franklin Street,

c. the East sidewalk along Appleton Street between Washington Street and Franklin Street, and

d. the North Sidewalk along Washington Street between Appleton Street and Oneida Street.



(3) Outside of the Transit Center in the area, inclusive of sidewalk area, from the north edge of the Transit Center building to Washington Street and from Oneida Street to the west edge of the East Parking Ramp.



(4) City parks as posted and so designated by the Parks and Recreation Department.



(e) Prohibition of smoking in educational facilities. It shall be unlawful for any person to smoke or otherwise use any tobacco products:



(1) In all educational facilities and in or upon all other premises owned, rented by or under the control of a school board.



(f) Prohibition of smoking in places of employment:



(1) It shall be unlawful for any person to smoke any tobacco products in places of employment covered under this ordinance.



(2) Every building covered by this ordinance shall have at least one (1) entrance which is smokefree.



(3) Each employer, operator, manager, lessee or other person having control of the place of employment covered by this ordinance shall make reasonable efforts to ensure a smokefree workplace for all employees and frequenters.



(4) Within ninety (90) days of the effective date of this ordinance, each employer having a place of employment located within the City of Appleton shall adopt, implement and communicate written notice of the provisions of this ordinance to each employee.



(g) Exceptions. The following areas shall not be subject to the smoking restrictions of this section:



(1) Retail tobacco stores.



(2) Any stage of any theatre when used in connection with any theatrical performance and so noticed in the program.



(3) Bed and breakfast, hotel and motel rooms that are rented to guests and are designated as smoking rooms; provided that not more than twenty-five percent (25\%) of the rooms rented to guests are designated as smoking.



(4) Any business that possesses a Class B retail license for the sale of Fermented Malt Beverages and Intoxicating Liquors, including, but not limited to taverns, night clubs, bowling alleys or the bar areas of restaurants.



(5) Any other entity, organization, business or workplace named as exempt by a majority vote of approval by the City Council.



(h) Enforcement.



(1) The Health Officer or designee and the Chief of Police or designee shall have the power, whenever they may deem it necessary, to enter upon the premises named in this section to ascertain whether the premises are in compliance with this ordinance. A compliance time of not less than one (1) week shall be granted. Enforcement may be by citation, as permitted by Sec. 1-16.



(2) The proprietor, employer or other person in charge or premises regulated hereunder, upon either observing or being advised of a violation, shall make reasonable efforts to prevent smoking in prohibited areas by:



a. Approaching smokers who fail to voluntarily comply with this section and requesting that they extinguish their cigarette or tobacco product and refrain from smoking, or



b. Refusing service to anyone smoking in a prohibited area.



(3) Any person who desires to register a complaint under this section may contact the Health Department or the Police Department.



(4) Ashtrays, cigarette vending machines and other smoking paraphernalia shall not be located in areas where smoking is prohibited.



(i) Retaliation prohibited. No person shall discharge, refuse to hire, refuse to serve or in any other manner retaliate against any employee, applicant for employment, customer, service user, business patron or any other person because that person exercises any rights afforded by this section.



(j) Violations and penalties.



(1) General. Any person who violates any of the provisions of this section may be subject to a forfeiture of no more than seventy-five dollars ($75) for the first, second or third offense and no more than two hundred dollars ($200) for the fourth and subsequent offenses. Each day that a violation occurs shall be considered a separate offense.



(k) Clean Indoor Air.



(1) Intent and construction. The City of Appleton finds that it is in the interests of the health, safety and welfare of the community to adopt by reference Sec. 101.123, Wis. Stats. and subsequent amendments, additions and recodifications. It is the intent of the Common Council that where there may be conflict between Sec. 101.123, Wis. Stats. and Sec. 7-100, that the most restrictive section shall apply. This ordinance shall not be construed to mean that progressive discipline of City employees for violations of laws, rules and regulations is only authorized where explicitly provided by ordinance.



(2) Penalty. The penalties provided by Sec. 101.123, Wis. Stats. shall be in addition to the penalties provided for violation of Sec. 7-100 when a person has violated both laws. In addition to the penalties provided by Sec. 7-100 and Sec. 101.123 Wis. Stats., any City employee who violates any provision of Sec. 7-100 or Sec. 101.123. Wis. Stats., may also be subject to progressive discipline by his or her employer.



(l) Severability. The provisions of this section are severable. If any provision of this section is held to be invalid or unconstitutional or if the application of any provision of this section to any person or circumstance is held to be invalid or unconstitutional, such holding shall not affect the other provisions or applications of this section which can be given effect without the invalid or unconstitutional provisions or applications. It is hereby declared to be the intent of the Common Council that this section would have been adopted had any invalid or unconstitutional provision or applications not been included herein.



(m) Upon approval, the provisions of this ordinance, in its entirety, shall become effective at the earliest possible date as allowed by law.