1986 007 Ordinance - Laserfiche WebLink

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M.V. ORDINANCE N0. 86-7 Page -2- health, welfare, comfort, and environment of nonsmokers and is particularly harmful to nonsmokers with allergies or cardio- vascular or respiratory disease; that smoking in certain enclosed areas is a public nuisance and a cause of material annoyance, discomfort, and physical irritation to nonsmokers; that nonsmokers who suffer ill effects by breathing second-hand smoke may experience a loss of job productivity and may be prevented from using commercial establishments and other public places; that smoking is a major cause of fires, as well as burns and ash stains on merchandise and fixtures, that cause losses to local businesses; and that nonsmokers presently have no adequate means to protect themselves from the damage inflicted upon them when they involuntarily inhale smoke emitted from cigarettes, cigars, pipes, and other smoking materials. The Council of Mayfield Village intends that the restric- tions and limitations of this Chapter be viewed as minimum standards, and should not be construed as limiting in any way the authority of the persons in charge of public places or places of employment from entirely prohibiting smoking within their establishments or any part thereof. It is not the intent of this Section to prohibit smoking or the sale of tobacco products, but rather to affirm the right of nonsmokers to breathe clean air. (c) Definitions. The following words and phrases, whenever used in this Section, shall be construed as hereinafter defined: (1) "Bar" means any establishment licensed by the Ohio Department of Liquor Control to sell intoxicating beverages for consumption on the premises and in which the service of food is only incidental to the consumption of such beverage. (2) 01Eating Establishment'° means any restaurant, coffee shop, cafeteria, luncheonette, tavern, cocktail lounge, sandwich stand, soda fountain, and any other establishment (excluding bars) where cooked or otherwise prepared food is sold to members of the general public for consumption on the premises. (3) "Employee" means any person who is employed by any employer in consideration for direct or indirect monetary wages or profit or as a volunteer. (4) °°Employer" means any person who employs the services of an individual person or any person in charge of a place of employment. (5) '°Enclosed Indoor Area" means closed in by a roof and walls on at least three (3) sides with appropriate openings for ingress and egress. (6) "Establishment" means any physical facility operated by a commercial enterprise, non-profit entity, government agency or any other person.