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(A) Purpose. The Mayor and Council of the City of Goodyear, Maricopa County, Arizona declare that the purpose of this section is to protect the working environment of its citizens and improve the public health of all citizens, business and visitors by prohibiting smoking in public places and places of employment.

(B) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning:

BAR. A business establishment devoted primarily to alcoholic beverage service to which food service is only incidental, i.e. where state sales tax receipts from the sale of alcoholic beverages equals or exceeds 55% of the total state sales tax receipts, including food.

BUSINESS. Any employment, occupation, profession or commercial activity or enterprise engaged in for gain, benefit, advantage or livelihood.

EMPLOYEE. Any person in the service of another, working for salary or wages or on a volunteer basis.

EMPLOYER. Any person or entity that employs the services of others.

ENCLOSED AREA. 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 the floor to the ceiling, including all space therein screened by partitions which do not extend to the ceiling or are not solid, office landscaping or similar structures.

PHYSICALLY SEPARATED. An enclosed area with doors that are self-closing, self-latching and self-sealing and maintained to be operated as originally installed and the use of air curtains or similar ventilation methods are not to be used to meet the requirement for opening protection. Doors are to remain closed except for the immediate passage of patrons, guests and employees.

PLACE OF EMPLOYMENT. Any area under the control of a private or public employer which employees normally frequent during the course of employment, including, but not limited to, work areas, offices, employee lounges, conference and meeting rooms, classrooms, employee cafeterias, employee stairways and hallways, waiting areas, restrooms and vehicles. A private residence is not a place of employment (unless it is used as a child care, adult day care or health care facility).

PUBLIC PLACE. Any enclosed area to which the public is invited or in which the public is permitted, which is available to and customarily used by the public, including, but not limited to:

(a) Airport service lines and airport waiting lounges;

(b) Aquariums, galleries, libraries, museums, and exhibit halls;

(c) Banks, financial institutions;

(d) Child care centers (public and private);

(e) Churches and other places of worship;

(f) Community centers;

(g) Health facilities, medical office buildings;

(h) Hotel and motel public areas;

(i) Laundromats;

(j) Lobbies, hallways and other common areas in apartment buildings, condominiums, trailer parks, retirement facilities, nursing homes and other multiple unit residential facilities;

(k) Public and private educational facilities, except as otherwise regulated in Section 11-1-36;

(l) Public restrooms;

(m) Public transportation facilities, taxicabs or other means of public transit, ticket, boarding and waiting areas of public transit depots;

(n) Reception areas, waiting rooms, indoor and outdoor service lines;

(o) Restaurants, cafeterias, lunchrooms and eating establishments, food service operations;

(p) Retail food production and marketing/grocery establishments;

(q) Retail service establishments;

(r) Retail stores, shopping malls, drugstore pharmacies;

(s) Theaters and waiting rooms, sports arenas and their lobbies, auditoriums, bingo halls, pool halls, bowling alleys;

(t) All indoor facilities and any public places already regulated by A.R.S. § 36-601.01.

RESTAURANT. Any coffee shop, cafeteria, sandwich stand, private and public school cafeteria and any other eating establishment which gives or offers for sale food to the public, guests or employees, as well as kitchens in which food is prepared on the premises for serving elsewhere, including catering facilities.

RETAIL TOBACCO STORE. A retail store utilized primarily for the sale of tobacco and/or vape products and accessories and in which the sale of other products is merely incidental.

SEPARATELY VENTILATED. An enclosed area with an independent heating, ventilating and air conditioning system with separate ductwork relative to any adjacent area where smoking is prohibited.

SERVICE LINE. Any indoor or outdoor line at which one or more persons are waiting for or receiving service of any kind, whether or not such service involves the exchange of money.

SMOKE or SMOKING. The act of inhaling, exhaling, burning, vaping, or carrying any lighted, heated, or ignited cigar, cigarette, cigarillo, pipe, hookah, water pipe, Smoking Device, or any other device that delivers nicotine or other Tobacco Product to a person.

SMOKING DEVICE. Any device that delivers or is capable of delivering nicotine to the person inhaling from the device, including, but not limited to, an electronic cigarette, electronic cigar, electronic pipe, electronic hookah, e-cigarette, vape-pen, or any other device that delivers nicotine or other Tobacco Product (as defined in this section) to a person. Notwithstanding any provision of this subsection to the contrary, "Smoking Device" includes any component, part, or accessory intended or reasonably expected to be used with a Tobacco Product, whether or not sold separately.

SPORTS ARENA. Sports pavilions, gymnasiums, health spas, boxing arenas, swimming pools, roller and ice rinks, bowling alleys and other similar places where members of the public assemble to engage in physical exercise, participate in athletic competition or witness sports events.

TOBACCO PRODUCT. Any product containing, made, or derived from tobacco or nicotine that is intended for human consumption, whether Smoked, heated, chewed, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means, including, but not limited to cigarettes, cigars, little cigars, chewing tobacco, dipping tobacco, pipe tobacco, snuff, and electronic or mechanical versions of these items. "Tobacco Product" does not include drugs, or combination products authorized for sale by the State of Arizona or by the United States Food and Drug Administration, as those terms are defined by the State of Arizona or the Federal Food, Drug, and Cosmetic Act.

VAPE or VAPING. The act of inhaling and exhaling the aerosol, often referred to as vapor, which is produced by a Smoking Device.

(C) Regulation of smoking and vaping in public places, businesses, places of employment and restaurants.

(1) Unless otherwise indicated in this section, smoking is prohibited in any public place, business or place of employment as defined in subsection (B) of this section.

(2) Smoking is prohibited in all restaurants, cafeterias, lunchrooms, eating establishments, and other food service operations.

(3) Smoking is prohibited within 25 feet of the main entrance and within 10 feet of any secondary, side or back entrance of any enclosed area where smoking is prohibited.

(4) The provisions of this section shall not be construed to limit the ability of the owner, operator or manager of a public place to declare the whole or any portion of that public place to be smoke free.

(5) This section shall not be interpreted or construed to permit smoking where it is otherwise restricted by other applicable laws.

(D) Smoking optional areas. Notwithstanding any other provisions of this section to the contrary, the following areas shall not be subject to the smoking or vaping restrictions of this section:

(1) Private residences, except when used as a child care, adult day care or health care facility;

(2) No more than 20% of hotel and motel rooms rented to guests may be designated as smoking areas unless they are on a separately partitioned ventilation system;

(3) Retail tobacco stores that deal exclusively in the sale of Tobacco Products and smoking paraphernalia and that are separately ventilated from other attached businesses;

(4) On stage smoking as part of a stage production, ballet or similar exhibition;

(5) Restaurants, hotel and motel conference/meeting rooms and public and private meeting rooms while these places are being used exclusively for private functions, so long as they are separately ventilated and have a door that remains closed except for the immediate passage of guests and employees from the rest of the facility;

(6) A private residence serving as a place of employment;

(7) Outdoor areas of places of employment except those covered in subsection (C) of this section;

(8) Fraternal lodges and organizations or any organization licensed by the State of Arizona as a private club;

(9) Bars, as defined in subsection (B), that are physically separated and separately ventilated from a smoking prohibited area.

(E) Posting requirements.

(1) No Smoking or Vaping signs or the international No Smoking or No Vaping symbols (depicted below) shall be clearly and conspicuously posted in every building or other area where smoking is prohibited by this section by the owner, operator, manager or other person having control of such building or other area.

(2) Every public place where smoking and vaping is prohibited by this section shall have posted at every public entrance a conspicuous sign clearly stating that smoking and vaping is prohibited.

(3) All ashtrays, smoking devices, and other smoking paraphernalia shall be removed from any area where smoking is prohibited by this article by the owner, operator, manager or other person having control of such area.

(F) Enforcement and penalties.

(1) Any person found guilty of violating the requirements of this section shall be guilty of a petty offense, punishable by:

(a) A fine not exceeding $100 plus surcharges for a first violation in any 24-month period;

(b) A fine not exceeding $200 plus surcharges for a second violation in any 24-month period;

(c) A fine not exceeding $300 plus surcharges for a third violation in any 24-month period;

(d) Any person who violates any provision of this section four or more times in any 24-month period may be charged with and found guilty of a class 1 misdemeanor.

(2) Any owner, manager, operator, employer or employee of any establishment controlled by this section shall, upon either observing or being advised of a violation of subsection (C) of this section, has the obligation to inform the violator of the appropriate requirements of this law and then request immediate compliance.

(3) Any person or employer who owns, manages, operates or otherwise controls the use of any premises subject to this section has the responsibility:

(a) To properly set aside required No Smoking areas;

(b) To properly post and maintain signs required hereunder; and

(c) To take action required by subsection (F)(2) of this section when observing or being advised of a violation.

(4) By enforcing this section, the City undertakes only to promote the general welfare. It does not assume, nor does it impose on its officers and employees, an obligation for breach of which it is liable in money damages to any person claiming injury from such breach.

(5) Any citizen who desires to register a complaint under this chapter may initiate enforcement with the City of Goodyear Code Compliance Officer or other law enforcement agency.

(6) It shall be unlawful for any person who owns, manages, operates or otherwise controls the use of any premises subject to regulation under this article to fail to comply with any of its provisions.

(G) Providing for severability. If any division, subdivision, sentence, clause, phrase or portion of this section is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining provisions of the ordinance or parts thereof. (Ord. 19-1449, passed 9-23-2019)