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<br /> -5- <br /> place of emploYment normally frequented by the <br /> employee. Using already available means of <br /> ventilation, separation or partition, the <br /> affected employees shall attempt to reach a <br /> reasonable accommodation, insofar as possible, <br /> between the preferences of nonsmoking and <br /> smoking employees in designating or <br /> redesignating smoking areas. An employer is <br /> not required by this provision to incur any <br /> expense, or make structural or other physical <br /> modifications to accommodate the preferences <br /> of nonsmoking or smoking employees. <br /> (2) If a prevailing consensus cannot be reached as <br /> to any portion of the place of emploYment <br /> about which a complaint has been voiced, the <br /> preference of the employer shall prevail. <br /> Provided, however, the requirements of this <br /> subsection (2) shall not apply to nonsmoking <br /> employees whose job duties include Gerving of <br /> or routine interaction with members of the <br /> general public within designated smoking <br /> areas, nor to any private enclosed office <br /> workspace occupied exclusively by smokers, <br /> even though such office may be visited by <br /> nonsmokers. <br /> (3) The clean air policy shall be posted <br /> conspicuously in all workplaces under the <br /> employer's jurisdiction. <br /> Sec. 16-75. ExceÐtions. <br /> <br /> section 16-71 shall not apply to persons smoking at <br /> an event in which an entire room or enclosed area is used <br /> for a private social function and the event is under the <br /> control of the sponsor of the function and not of the <br /> person otherwise in control of the area. This includes, <br /> but is not limited to, clean air areas, such as at <br /> hotels, which are normally rented out to private groups, <br /> and to areas of bowling centers used by bowling leagues <br /> during league play. <br /> Sec. 16-76. Effect on other laws. <br /> This Article does not abrogate the effects of any <br /> other laws, ordinances, or regulations pertaining to <br /> areas in which smoking is prohibited. <br /> SECTION 3. That if any word, phrase, clause, sentence, or <br />paragraph of this ordinance is held to be unconstitutional or <br />invalid by a court of competent jurisdiction, the remaining <br />provisions of this ordinance shall remain in effect as if the <br />unconstitutional or invalid portion had not been adopted. <br /> SECTION 4. That all ordinances and resolutions or parts of <br />ordinances or resolutions in conflict herewith, including without <br />limitation Section 2-6 of the San Marcos Code of Ordinances, are <br />hereby repealed. <br /> SECTION 5. That any person violating any provision of this <br />ordinance shall be deemed guilty of a misdemeanor and upon <br />conviction shall be subject to the penalty provided in Section 1-5 <br />of the San Marcos Code of Ordinances. <br /> SEc'rION 6. That this Ordinance shall be in effect ten (10) <br />days from and after its passage, and it shall be published in a <br />