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M.V. ORDINANCE N0. 86-~ Page -9- (g) Designation of Smoking Areas. Smoking areas may be designated in accordance with the provisions of this subsection by proprietors, employers or other persons in charge of places within subsections (d)(2) and (e)(3), except in places in which smoking is otherwise prohibited by law. (1) Number and Sizeo No more than seventy percent (70%) of the total floor space of any establishment, or portion thereof, within subsections (d)(2) or (e)(3) may be designated as a smoking area except that no more than ninety percent (90a) of the dining area of an eating establishment, employee cafeteria, employee lunchroom or employee lounge may be designated as a smoking area and no more than ninety percent (90%) of hotel or motel rooms rented to guests may be designated as smoking areas. In the case of establishments consisting of a single room, no more than seventy percent (70%) of the room may be designated as a smoking area. In the case of establishments consisting of more than one room, no more than seventy percent (70%) of the rooms may be designated as smoking areas. (2) Barriers and Ventila_tion_ Smoking areas may be designated using existing barriers and ventilation systems to the maximum extent practicable to minimize the migration of smoke to adjacent no-smoking areas. Where modifications are made to such establishments for other reasons, barriers and ventilation systems shall be modified to the extent practicable to minimize the migration of smoke to adjacent no-smoking areas, provided that persons undertaking such modification shall not be required to incur any expense to meet the requirements of this subsection. (3) Prohibition Permittede This subsection shall not be interpreted or construed to require persons in charge of places within subsections (d)(2) or (e)(3) to provide smoking areas. Notwithstanding any other provision of this Section, any proprietor, employer or other person in charge of an establishment may declare that entire establishment as a no-smoking area. (h) Violations and Penalties. (1) It shall be unlawful for any person who owns, manages, operates or otherwise controls the use of any establishment subject to the restrictions of this Section to fail to comply with its provisions.