§ 12-5-1. Generally.

No person shall smoke or carry a lighted cigar, cigarette or pipe in any of the following places:

(1)

Elevators, regardless of capacity, for use by the general public.

(2)

Enclosed public areas of museums, public libraries, the Piedmont Environmental Center, and the Roy B. Culler Senior Center.

(3)

Public seating areas and adjacent aisles of the High Point Theatre.

(4)

Retail stores designed and arranged to accommodate more than 200 persons, or in which 25 persons or more are regularly employed. The prohibition of this subparagraph shall not apply to: (a) Smoking rooms, restrooms, restaurants, executive offices or beauty parlors in retail stores when specifically approved by the fire marshal by written order to the person having control of the premises upon a finding that such use therein does not constitute a fire hazard; or (b) those areas of enclosed shopping centers or malls that are external to the retail stores and are used by customers as a route of travel from one (1) store to another and consist primarily of walkways and seating arrangements.

(5)

Duly designated nonsmoking area of a restaurant. For this purpose, the owner of every restaurant, whether currently in existence or to be established in the future, with an indoor seating capacity of 50 or more seats shall designate a nonsmoking area consisting of at least 25 percent of the indoor seating capacity of the restaurant. In areas where smoking is prohibited, existing physical barriers and ventilation systems shall be used to the greatest extent possible to minimize the smoke in adjacent nonsmoking areas. Provided, this section shall not apply to the bar or lounge area of a restaurant (a separate area primarily devoted to serving alcoholic beverages); and neither shall the seating capacity of a bar or lounge area nor rooms used for private functions or banquets be included in the calculation of the total seating capacity of the restaurant.

(Ord. No. 93-79, § 1, 8-19-93)