smokers. As the Legislature finds that Americans, including all
citizens of Niagara County, are likely to be exposed to ETS by
virtue of its widespread presence in public places and in the
workplace, and that exposure to ETS presents a substantial and
serious health risk to nonsmokers, it is the purpose of the
Legislature to limit smoking throughout Niagara County in order
to protect the people of the county from the health risks of
smoking. The Legislature is therefore placing further prohibition
on smoking in public places and in the workplace.
Section 2. Definitions.
a. "Bar" and "Tavern" means any establishment open to
the public, devoted to the sale and service of
alcoholic beverages for on-premises consumption,
where the service of food is merely incidental to
the operation of the business, and for which the
sale of food for on-premises consumption does not
exceed 40% of annual gross sales.
b. "Bar Area" means an area of Restaurant with Bars
within a maximum of 15 feet of the bar where the
service of alcoholic beverages for on-premises
consumption takes place.
c. "Business" means any sole proprietorship,
partnership, joint venture, corporation, or other
business entity whether for profit or
not-for-profit, including retail establishments
where goods or services are sold as well as
professional corporations, social agencies and
other entities where legal, medical, dental,
engineering, architectural, or other professional
services are delivered.
d. "Employee" means any person who is employed by any
employer for direct or indirect monetary wages or
profit, and any person who volunteers his or her
services for a non-profit entity.
e. "Employer" means any person, partnership,
corporation, including a municipal corporation, or
non-profit entity who employs the services of one
or more individual persons.
f. "Place of Employment" means any area under the
control of a public or private employer which
employees normally frequent during the course of
employment, including but not limited to work
areas, employee lounges and restrooms, conference
and classrooms, employee cafeterias, and hallways.
A private residence is not a "place of employment"
except when it is used for a business.
g. "Public Place" means any area to which the public
is invited or in which the public is permitted,
including but not limited to banks, educational
facilities, health facilities, laundromats, public
transportation facilities, reception areas,
restaurants, retail food production and marketing
establishments, retail service establishments,
retail stores, theaters, and waiting rooms and
places of worship. Areas in a private residence
which constitute common areas of a multiple
dwelling are "public places" within the meaning of
this Local Law.
h. "Restaurant" means any coffee shop, cafeteria,
sandwich shop or private or 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.
i. "Dining area" means any area in a restaurant where
people dine except the bar area of a restaurant
with a bar.
j. "Separate Smoking Room" means an enclosed room in
which smoking is permitted. Such room shall:
(1) be clearly designated as a separate smoking
(2) be completely enclosed on all sides by floor to
ceiling walls, interior doors and/or windows
which must remain closed except for entry and
exit of persons to/from the room;
(3) contain adequate means of extinguishing fires
consistent with Code; and
(4) have a ventilation system whereby the air from
the enclosed room is immediately exhausted to
the outside in such a way as to prevent the
reintroduction of smoke into the building and
must prevent backstreaming of smoke into smoke
free areas. Such room may contain one or more
doors, provided that the doors remain closed
except for the purpose of entry and exit. These
doors must be equipped with self-closing
devices. Such room may not contain the sole
means of entry and exit to the restrooms or any
other smoke free area.
k. "Service Line" means any indoor line at which one
(1) or more persons are waiting for or receiving
service of any kind, whether or not such service
involves the exchange of money.
l. "Smoking" means to inhale or exhale the smoke of
burning tobacco or tobacco substitute and also to
carry burning tobacco or tobacco substitute in the
form of a cigarette, cigar, or any other smoke
producing device including pipes.
m. "Sports Arena" means any enclosed sports-pavilion,
including concourses, gymnasium, health spa, boxing
arena, swimming pool, roller or ice skating rink,
and other similar places. This term also applies to
places where the general public assembles either to
engage in physical exercise, participate in
athletic or recreational activity, to witness
sports, cultural, recreational or similar
n. "Private social function" shall mean any weddings,
parties, testimonial dinners, or other similar
gatherings in which the seating arrangements are
under the control of the organizer or sponsor of
the event and not the person who owns, manages,
operates, or otherwise controls the use of the
place in which the function is held.
o. "Significant Alterations" shall be defined as any
change, re-arrangement or addition to a building
that requires a building permit under the New York
State Uniform Code, exceeds $10,000.00 in cost and
deals with building structural features or any
modification that affects health, fire safety, or
structural safety and exceeds $10,000.00 in cost.
Section 3. Application of Article to Government Owned and/or