10.67 - Smoke Free Environment § 10.67
Section 10.67: Smoke Free Environment
Subdivision 1. Findings and Purpose
The inhalation of secondhand tobacco smoke has been documented as hazardous to
human health by the American Medical Association, the U.S. Surgeon General, the
National Institute on Occupational Safety and Health, the National Cancer Institute,
the U.S. Environmental Protection Agency, the National Academy of Sciences, the
National Toxicology Program, and the World Health Organization. Therefore, the
purpose of this Section is to:
A. Protect the public health, safety, and welfare of citizens by increasing the
ability of all citizens to breathe safe and uncontaminated air;
B. Affirm that the necessity to breathe safe and uncontaminated air takes
priority over the desire to smoke; and
C. Protect vulnerable populations including employees, children, the elderly, and
those with chronic health conditions.
Subdivision 2. Definitions
For the purposes of this Section, the following terms are defined as follows:
A. Food Establishment: Any establishment, however designated, engaged in
the preparation or serving of food for consumption either on or off the
premises; or anywhere consumption of food occurs on the premises.
B. Liquor Establishment: An establishment that has an On Sale 3.2 percent
malt liquor license issued pursuant to Minnesota Statutes Section 340A.403,
as amended from time to time, or an On Sale intoxicating liquor license
issued pursuant to Minnesota Statues Section 340A.404, as amended from
time to time.
C. Other Person in Charge: The agent of the Proprietor authorized to perform
administrative direction to and general supervision of the activities within a
public place or place of work at any given time.
D. Place of Work: Any location at which two or more individuals perform any
type of a service for consideration of payment under any type of employment
relationship, including but not limited to an employment relationship with or
for a private corporation, partnership, individual, or government agency. This
term includes any location where two or more individuals gratuitously
perform service for which individuals are ordinarily paid. Examples of a place
of work include, but are not limited to an office, a public conveyance, a
factory, a warehouse, or a similar place of work.
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§ 10.67
E. Proprietor: The party, regardless of whether the party is owner or lessee of
the place of work or public place, who ultimately controls, governs, or directs
the activities within the place or work or public place. The term does not
mean the owner of the property unless the owner ultimately controls,
governs, or directs the activities within the public place. The term
"Proprietor" may apply to a corporation as well as an individual.
F. Public Place: Any enclosed, indoor area used by the general public or
serving as a place of work, including, but not limited to, restaurants, retail
stores, offices and other commercial establishments, public conveyances,
educational facilities other than public schools, hospitals, nursing homes,
auditoriums, arenas, meeting rooms, and common areas of rental apartment
buildings.
Source: Ordinance No. 310, 2nd Series
Effective Date: 3-31-05
G. Smoking: The inhaling, exhaling, or combustion of any pipe, cigarette, cigar,
tobacco product, weed, plant, or any other similar article. Smoking includes
possessing or carrying a lighted pipe, cigarette, cigar, or any other lighted
smoking equipment. For purposes of this Section, the definition of smoking
includes the use of electronic cigarettes, including the inhaling and exhaling of
vapor from any electronic delivery device as defined in Minnesota State Statute
609.685, Subd. 1.
Source: Ordinance No. 554, 2nd Series
Effective Date: 5-14-15
Subdivision 3. Smoking Restrictions
A. Smoking is prohibited in the following locations:
1. Public places and places of work, including both indoor and outdoor dining
areas of liquor and food establishments;
2. Within twenty-five (25) feet of entrances, exits, open windows, and
ventilation intakes of public places and places of work;
3. Within twenty-five (25) feet of any outdoor dining area at any liquor or
food establishment; and
4. Public parks and recreation facilities.
B. Exceptions. The prohibitions of this Section shall not apply to the following:
1. Private residences;
2. Privately rented sleeping rooms in hotels and motels;
3. Locations where smoking is expressly authorized by State or Federal law
or rule;
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§ 10.67
4. Motor vehicles; and
5. The use of tobacco as part of a recognized religious ritual, activity, or
ceremony.
Subdivision 4. Responsibilities of Proprietors
The proprietor or other person in charge of a public place, place of work, liquor
establishment, or food establishment shall:
A. Post "No Smoking" signs that comply with the Minnesota Clean Indoor Air Act
Rules, Minnesota Rules, part 4620.0500 as amended from time to time;
B. Ensure that ashtrays, lighters, and matchbooks are not provided in areas
where smoking is prohibited;
C. Ask any person who smokes in an area where smoking is prohibited to
refrain from smoking and, if the person does not refrain from smoking after
being asked to do so, take the appropriate action to remove the person from
the premises. Appropriate action shall include calling the Golden Valley Police
Department for assistance.
D. Failure to comply with this Subdivision shall constitute grounds for revocation
of any food, liquor, or other business license held by the establishment.
Subdivision 5. Retaliation Prohibited
No person or employer shall discharge, refuse to hire, or in any manner retaliate
against, any employee, applicant for employment, or customer because the
employee, applicant or customer exercises any right to a smoke-free environment
afforded by this ordinance or other law.
Subdivision 6. Private Prohibitions
Nothing in this Section prevents the proprietor or other person in charge of any
place, including, without limitation, any residence, motor vehicle, or outdoor space,
from prohibiting smoking in any such place.
Subdivision 7. Employees' Rights Preserved
An employee who consents to work in a setting where an employer allows smoking
does not waive or otherwise surrender any legal rights the employee may have
against the employer or any other party.
Subdivision 8. Other Laws
This Section is intended to complement the Minnesota Clean Indoor Air Act,
Minnesota Statues, Sections 144.411 to 144.417, as amended from time to time.
Nothing in this ordinance authorizes smoking in any location where smoking is
prohibited or restricted by other laws.
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§ 10.67
Subdivision 9. Severability
If any portion of this Section is held invalid, the remaining provisions shall be
considered severable and shall be given effect to the maximum extent possible.
Subdivision 10. Effective Date
The provisions of this Section shall become effective March 31, 2005.
Source: Ordinance No. 310, 2nd Series
Effective Date: 3-31-05
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