Smoking Permitted Areas

Any person that designates a Smoking Permitted Area shall obtain, maintain, and renew a license required under Section 5.98.020 of this Code, for designating, operating, and maintaining an outdoor smoking permitted area on the premises, and pay the fee for the license.

Outdoor Dining Areas

Plans submitted for a Smoking Permitted Area License at an outdoor dining area must illustrate the requirements expressed under GMC.8.52.120. Including, but not limited to:

1. Square footage of the entire outdoor dining area
2. Square footage of the smoking permitted area
   1. The total size of the maximum allowed space of the smoking permitted area is based on the square footage of the total outdoor dining area (see the municipal code above);
3. The total number of tables and chairs in the entire outdoor dining area
4. The number of tables and chairs in the smoking permitted area
   1. The number of tables and chairs is not to exceed the maximum percentage eligible based on the entire square footage of the outdoor dining area (see the municipal code above);
5. Twenty (20) feet clearance from all common areas: doors, windows, entrances, exits, air intake vents, places of employment, etc.
6. Fifteen (15) feet gap between smoking and non-smoking tables or a impermeable physical barrier separating smoking and non-smoking sections
7. The type of perimeter (e.g. a rope and stanchions, a knee high wall, a row of plant containers, tables and chairs of a specific color, etc.) used to mark the smoking permitted area
8. Any object illustrated on the plans must be identified
9. The location of where the hookah would be prepared (if applicable);
   1. Hookah must not be prepared indoors
   2. Hookah must not be prepared in the food preparation areas
   3. Hookah must be prepared in an outdoor area
   4. Area where hookah is prepared must meet the twenty (20) feet clearance requirements from common areas and the fifteen (15) feet gap from the non-smoking tables in the outdoor dining area.

Multi-Unit Rental Housing and Condominiums

Plans submitted for a Smoking Permitted Area License at multi-unit rental housing must illustrate the requirements expressed under GMC.8.52.130; or Smoking Permitted Area License at condominiums must illustrate the requirements expressed under GMC.8.52.140. Requirements include, but are not limited to:

1. Square footage of the smoking permitted area (up to forty (40) square feet)
2. Twenty (20) feet clearance from all common areas: doors, windows, entrances, exits, air intake vents, places of employment, etc.
3. Location of smoker's waste receptacle(s)
4. Any object illustrated on the plans must be identified

As of June 2013, any newly developed multi-unit rental housing and condominium complexes must be 100% smoke-free. Smoking Permitted Area licenses will not be obtainable for such properties. 

Shopping Mall

Plans submitted for a Smoking Permitted Area License at a shopping mall must illustrate the requirements expressed under GMC.8.52.160. Including, but not limited to:

1. Square footage of the smoking permitted area (up to 40 sq. ft.)
2. Twenty (20) feet clearance from all common areas: doors, windows, entrances, exits, air intake vents, places of employment, etc.
3. Location of smoker's waste receptacle(s)
4. A minimum distance of 250 feet from any other smoking designated area
5. Any object illustrated on the plans must be identified

Vehicle Dealerships

Plans submitted for a Smoking Permitted Area License at a vehicle dealership must illustrate the requirements expressed under GMC.8.52.170. Including, but not limited to:

1. Square footage of the smoking permitted area (up to forty (40) square feet)
2. Twenty (20) feet clearance from all common areas: doors, windows, entrances, exits, air intake vents, places of employment, etc.
3. Location of smoker's waste receptacle(s)
4. Clearly marked boundary lines for the smoking area;
   1. The type of perimeter (e.g. a rope and stanchions, lines on the floor, a knee high wall, a row of plant containers, etc.)
5. Any object illustrated on the plans must be identified

In addition, the smoking permitted area must be located the greatest distance practicable but at least twenty (20) feet away from:

1. An indoor showroom;
2. An indoor or outdoor:
3. Seating, waiting, or reception area
4. Food or beverage area;
5. Eating area;
6. Vending machine area;
7. Repair or service area;
8. Parts or accessories area;
9. Car rental or loan area;
10. Cashier area;
11. Car wash area;
12. Restroom;
13. An opening or an entrance or exit to an enclosed area;
14. A service line at an area or a location listed above;
15. Must be identified by one (1) or more conspicuously posted signs;

Retail or Wholesale Tobacco Store

Plans submitted for a Smoking Permitted Area License at a retail or wholesale tobacco store must illustrate the requirements expressed under GMC.8.52.180. Including, but not limited to:

1.  Designated enclosed area with a physical barrier in, or attached to, its premises for smoking a tobacco product—purchased on-site—by one or more of its customers;
2. Boundaries indicating twenty-five (25) percent or more of its interior floor space for displaying tobacco products and tobacco paraphernalia for sale
3. Boundaries indicating fifteen (15) percent or less of its interior floor space, or two hundred fifty (250) square feet or less of its interior floor space—whichever measurement is smaller—for the customer smoking permitted area
4. Location of separate ventilation system in customer smoking permitted area
5. Any object illustrated on the plans must be identified

Below are examples of layouts required to submit for the Smoking Permitted Area License: