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<br /> J 7tIV <br /> -15- <br /> implement and maintain a written clean air policy, or fails to post the policy <br /> in accordance with the requirements of Section 16-64; or <br /> (6) violates any other provision of this article. <br /> Sec. 16-62. Designation of smoking areas. <br /> (a) The person in control of a building or facility may, but is not required to <br /> designate one or more areas within a clean air area as defined in Section 16- <br /> 60(a) as smoking areas, The designation of smoking areas in places of <br /> employment shall be performed in accordance with Section 16-64, as well as <br /> with this section. <br /> (b) If a smoking area is design~ted it shall: <br /> (1) not exceed an area of the building or facility proportionate in <br /> size to the percentage of its users normally requesting a <br /> smoking area; <br /> (2) be situated so that ventilation .minimizes the effect of smoke in <br /> adjacent clean air areas and so that air from the smoking areas <br /> is not drawn into or across a clean air area; <br /> (3) be designated as a smoking area by appropriate signs which <br /> are clearly visible to persons in or entering the area; <br /> (4)' contain ashtrays, containers, or other means of extinguishing <br /> smoking materials; <br /> (5) be set apart or separated from clean air areas; and, <br /> (6) not include service line or cashier areas. <br /> (c) In the event the person in control of a building or facility can <br /> demonstrate that the users normally requesting a smoking area constitute such <br /> a large portion of the users of the building or facility that it is impracticable for the <br /> person in control to meet the requirements of Section 16-62(b) without structural <br /> or other physical changes or significant expenditures, the person in control may <br /> designate an entire area as a smoking area, notwithstanding the requirements <br /> of Section 16-62(b)( 1 ). . <br /> (d) Notwithstanding the definition of clean air areas in Section 16-60(a), <br /> the entire area of the following facilities may be designated a smoking area, but <br /> such facilities are encouraged, whenever possible, to establish specific smoking <br /> areas in accordance with subsections (a) and (b) above: <br /> (1) A bar, the major business of which is on-premises sales and <br /> consumption of alcoholic beverages; <br /> (2) A separated bar area of a restaurant; <br /> (3) A tobacco speCi?lty retail shop; and, .. <br /> (4) An establishment consisting of an enclosed area of 800 square <br /> feet or less. <br />