Title
An Ordinance amending Section 14-97 of the Code of Ordinances related to smoking indoors to create Section 14-97(9) defining retail e-cigarette stores; amending Section 14-98 of the Code of Ordinances related to smoking indoors to create Section 14-98(1)(g) to create an enforcement exemption for retail e-cigarette stores. [Council Office, Maynard]
Body
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE LEXINGTON-FAYETTE URBAN COUNTY GOVERNMENT:
Section 1 - That Section 14-97 of the Code of Ordinances of the Lexington-Fayette Urban County Government be and hereby is amended to read as follows:
Sec. 14-97. Regulation of smoking indoors-Definitions.
(1)
Building. Any structure whose floor area is enclosed overhead by a roof or other covering of any material, whether permanent or temporary, and has forty (40) percent or more of its perimeter permanently or temporarily enclosed by walls, windows, doors, or other coverings of any material. Any structure whose floor area is enclosed overhead by a roof or other covering of any material, whether permanent or temporary, that has 40% or more of the perimeter temporarily enclosed by walls, windows, doors or other coverings of any materials shall not be subject to the definition of a building when the temporary walls, windows, doors or other coverings are not in place.
(2)
Dwelling. Any building used primarily for sleeping overnight and conducting activities of daily living, including, without limitation, a single or multi-family residential housing unit, a hotel or motel room or suite or a hospital, hospice or nursing home room.
(3)
Establishment. Any business or other entity operating or otherwise located in a building or portion thereof, and open to public, including but not limited to banks, laundromats, retail stores, professional offices, restaurants, bars, gaming facilities such as bingo halls, pool halls, bowling alleys, child day care facilities, and adult day care facilities, among others.
(a)
Open to the public. Buildings, portions thereof, or establishments therein, are "open to the public" when their physical nature, function, custom, usage, or notice would cause a reasonable person to believe no invitation or permission to enter is required.
(4)
Private organization. An organization which is the owner, lessee, or occupant of a building, that is not open to the public. The building will be used exclusively for the organization's or a member's purposes at all times. The organization must maintain selective members, and be operated by the membership. The organization neither provides food, drink, nor lodging for pay to anyone who is not a member or a member's guest, nor permits others to provide food, drink, or lodging for pay to anyone who is not a member or a member's guest. The organization has been granted an exemption from the payment of federal income tax as a club under 26 U.S.C. ยง 501.
(5)
Retail tobacco store. A retail store devoted primarily to the sale of any tobacco product, including but not limited to cigarettes, cigars, pipe tobacco and chewing tobacco, and accessories and in which the sale of other products is incidental. The sale of such other products shall be considered incidental if such sales generate less than twenty-five (25) percent of the total annual gross sales.
(6)
Smoke or smoking. The act of inhaling or exhaling from, or the burning, heating or carrying of, any lighted or heated cigarette, cigar, pipe, other combustible tobacco product, or electronic smoking device or any oral smoking device including but not limited to an E-Cigarette or E-Cig.
(7)
Workplace. Any building or portion thereof in which an establishment is located, including, but not limited to, work areas, private offices, lounges, restrooms, conference rooms, meeting rooms, classrooms, cafeterias, and hallways.
(8)
[Electronic Smoking Device.] Electronic Smoking Device means any product containing or delivering nicotine or any other substance intended for human consumption that can be used by a person to simulate smoking through inhalation of aerosol from the product. The term includes any such device, whether manufactured, distributed, marketed, or sold as an e-cigarette, e-cigar, e-pipe, e-hookah, or vapor pen, or under any other product name or descriptor.
(9)
Retail Electronic Cigarette Store. A retail store devoted primarily to the sale of any electronic smoking device, including but not limited to e-cigarettes, e-cigars, e-pipes, e-hookah, or vapor pen, or under any other product name or descriptor and accessories, and in which the sale of other products is incidental. The sale of other such products shall be incidental if the sales generate less than twenty-five (25) percent of the total annual gross sales.
Section 2 - That Section 14-98 of the Code of Ordinances of the Lexington-Fayette Urban County Government be and hereby is amended to read as follows:
Sec. 14-98. Same-Prohibition; exceptions.
(1)
(a)
Any dwelling. This exception also extends to a business located in the dwelling and owned or leased by the occupant living in the dwelling; provided, however, that the business is not operating as a child care, adult day care, or health care facility. This exception does not extend to a lobby, common elevator, common hallway, or any other common area of a building containing attached dwelling units or hotel or motel rooms. If a hospital, hospice, or nursing home permits smoking in its dwelling rooms, smoking is not allowed in any room shared with another person without that person's consent.
(b)
A rental room or hall being used by a person or group for a private social function that is not open to the public.
(c)
Any room used for psychological treatment of nicotine addiction by a licensed health care professional, or in a physically separate and independently ventilated room in a hospital, hospice, or nursing home open to all residents as a smoking room and for no other purpose.
(d)
A retail tobacco store.
(e)
A theatrical production by a performer as part of the performance so long as adequate notice is provided patrons both before the performance and by specific signage at the theater.
(f)
A building operated or used by a private organization, provided that the building is not open to the public.
(g)
A retail electronic cigarette store.
(2)
Nothing in this chapter shall prevent an owner, lessee, principal manager or person in control of any building or establishment therein, or any other place, including, without limitation, any motor vehicle, outdoor area, or dwelling, from prohibiting smoking completely in any such place.
(3)
Nothing in this chapter shall authorize smoking in any place where it is otherwise prohibited by statute, ordinance, regulation or by order of the fire marshal.
(4)
Section 3 - That this Ordinance shall become effective on the date of its passage.
PASSED URBAN COUNTY COUNCIL:
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MAYOR
ATTEST:
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CLERK OF URBAN COUNTY COUNCIL