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July 7,2011

Re:

Smoking Ordinance

Dear Concerned Citizens and Business Owners: The Alexandria City Council is presently considering an ordinance which would prohibit smoking in your establishment. Prior to the introduction of any legislation, I would like to invite you to a meeting at which your views can be heard. This meeting will be held on Thursday, July 14, 2011, at 2:00 p.m., in the City Council Chambers located in City Hall. Please mark this date on your calendar and make arrangements to be present at that time. Citizens and all interested stakeholders will be allowed to speak. No vote will be conducted on the day of the meeting. For your information and review, I have enclosed a copy of the proposed ordinance, together with a copy of Ordinance No. 44-2006 of the Alexandria Code of Ordinances. I look forward to seeing each of you at the meeting. Sincerely,

CEJjr/dtw Enclosures cc (w/enc):

Charles E. Johnson,

Jr.

Jacques M. Roy Mayor

City Attorney Post Office Box 71 Alexandria.Louisiana71309-0071 Tel(318)449-5016· fax(318)449-5019 e-mail: charies.johnson@cityofalex.com

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AN ORDINANCE TO PROTECT ALL EMPLOYEES IN ALL IN ALL ENCLOSED PUBLIC PLACES OF EMPLOYMENT GAMING ESTABLISHMENTS, AND CERTAIN OUTDOOR TO PROVIDE FOR RELATED MATTERS AND TO

WORKPLACES BY PROHIBITING SMOKING INCLUDING BUT NOT LIMITED TO BARS, AREAS WITHIN THE CITY OF ALEXANDRIA, GO INTO EFFECT AUGUST 271 2011

Sec. 1000. ntla
This Article shall be known as the City of Alexandria Smoke~free Air Ordinance of 2011 and shaff make all enclosed public places and workplaces, and certain outdoor areas, in the City of Alexandria Smoke~Free. Sac, 1001. Definitions The following words and phrases, whenever used in this Article, shall be construed as defined in this Section: A. "Bar" means an establishment that seUs and/or serves alcoholic beverages of any alcoholic content for consumption on the premises by guests and in which the serving off ODd is only incidental to the consumption of those beverages, including but not limited to taverns nightclubs, cocktail lounges, bars located within restaurants, bars located within hotels and motels, and cabarets.
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B. "Business" means a sole proprietorship, partnership, Jofnt venture, corporation, or other ·buslness entity, either for..proflt or not-for~profit including retail establishments where goods or services are sold; professional corporations.and other entities where legal, medical, dental, engineering, archrtectural, or other professional services are deflVered; and private clubs. • C, ~E-clgarette· means any electronic oral devIce. such as one composed of a heating element, battery, and/or electronic cirCUit, which provides a vapor of nicotine or any other substances 1 and the use or inhalation of which simulates smoking. The tenn shall include any such device, whether manufacbJred, disbibuted, markeled. or sold as an e-cigarette, e~cigar, e-.pipe, or under any other product name or descriptor.

D•.~Employ~~::~E.'ns a "person .who.is.erYlploy~.db.yan .~rnpl~yer}n.co~sidera~io~ for direct. . or indirect monetary wages or profit and a person who volunteers his or her services for an employer or non-proflt entity.
E. "Employer" means a person, business, partnership, assoclatlon, corporation, including a municipal corporetlon, trust, or non-profit entity that employs the services of one or more individual persons. F. "Enclosed Area" means all space between a floor and a ceiling that Is bounded on at least two sides by walls doorways, or windows, whether open or closed. A wall includes any retractable divider, garage door, or other physical barrier, Whether temporary or permanent and whether or not containing openings of any kind.
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G. -Gaming facilities means any establishment where gaming, gambling' activities, or charitable gaming occurs, Including but not limited to bingo halls, racetracks, establishments with video poker, land-based casinos, and riverboat casinos. "Gaming", gambling acth/ltles" , and charitable gaming means any game of chance which Is played with cards, dice, or any electronic. electrical, or mechanical device or machine for money or property or anything of value.
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H. "Health Care Facfllty" means an office or institution providing care or treatment of diseases, whether physical, mental, or emotional, or other medical. physiological, or psychological conditions. Including but not limited to, hospitals, rehabilitation hospitals or other clinics, including weight control clinics, nursing homes, long-term care facUitles, homes for the aging or chronically III, laboratories, and offices of surgeons, chiropractors. pflyslcal therapists, physlciaJls. psychiatrists, dentists, and all specialists within these professions. This deflniHon shall include all waiting rooms, hallways, private rooms, semiprivate rooms, and wards within health care facilities.
I. 'Place at Employment" means an area under the control of a public or private employer, Including. but not limited to, WQrk areas, prlvrrte offices. employee lounges, restrooms, conference rooms, meeting rooms, Classrooms, employee cafeterias, hallways, construction sites, temporary offices, and vehicles. A private residence Is not a "place of employmenf unless it is used as a child care, adult day care, nursing home, or health care facility. J. "Playground" means any park or recraational area designed in part to be used by children that has play or sports equipment installed or that has been designated or landscaped for play or sports activities, or any similar facility located on public or private school grounds or on City of Alexandria grounds.

K. ·Prlvate Club" means an organization, whether Incorporated or not, which is the owner lessee, or , occupant of a building Dr portion thereof used exclusively for club purposes at all Urnes, wIllch Is operated solely for a recreational, fratemal social, patriotic, political. benevolent, or athletic purpose, but not for pecunIary gain. and which only sells and/or serves alcoholic beverages incidental to its operation. The affairs and management of the organization are conducted by a board of directors. executive committee, or Similar body chosen by the members at an annual meeting. The organization has established bylaws and/or 8 constiWtion to govern its activitIes. The organization has been granted an exemption from the payment of federal income tax as a club under 26 U.S.C. Section 501.
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but not limited to, banks, bars. educational facilities, gaming facilities, health care facilities, hotels and motels, laundromats, public transportation vehicles and facilities, reception areas, restaurants, retail food production and marketing establishments, retail service establishments, retail stores, retail tobacco businesses, shopping malls, sports arenas, theaters, and waiting moms. A private residence is not a "public place- unless It Is used as a child care, adult day care, nursing home, or health care facility. M. "Restauranf means an eating establishment, InrJuding but not limits<! to, coffee shops, cafeterias, sandwich stands, and private and public school cafeterias, which gives or offers for saf~ food to the public, guests, or employees. as well as kitchens and catering faclntles In which food is prepared on the premises for serving elsewhere. The term "restaurant"' shall include a bar area within the restaurant.

L. ···PtJblic,.pf~~"·m.e.::m!.!l1In ;2!ITt~ to. wtlk.::h.lhe. public {s .Invited or in which.tOepuplic i~ perrni~~.jnc;luding

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N. ~Retall Tobacco Business~ is any establishment or buslness, including but not limited to cigar shops, that are utilized primarily for the sale of tobacco products and accessories and in which the sale of other items is incidental. O. "Service Une" means an Indoor or outdoor line in which one or more persons are waiting for or receiving service of any kind, whether or not the service involves the exchange of money, including but not limited to, ATM lines, concert nnes, food vendor lines, movie ticket lines, and sporting event lines. P. ·Shopplng Mall- means an enclosed public walkway or hall area that serves to connect retail or professional establishments,
Q. 'Smoklng' means inhaling, or any other lighted or heated fOITTl. uSmokingft also includes or the use of any oral smoking

exhaling, buming, or carTying any lighted or heated cigar, cigarette, or pipe, tobacco or plant product intended for inhalation, in any manner or in any the USB of an ecigarette which creates a vapor, in any manner or in any form. device for the purpose of circumventing the prohibition of smoking in this

Article.
R. USports Arenaw means a place where people assemble to engage In physical exercise, participate in athletic competition, or lllritness sports or other events, including sports pavilions, stadiums, gymnasiums, health spas, boxing arenas, swimming pools, roller and Ice rinks, and bowling alleys.

See. 1002. AppllcatJon of Article to City of Alexandria

Facilities

and Property

All enclosed areas, including buildings and vehicles owned, leased, or operated by the City of Alexandria as well as all outdoor property. under the control of the City of Alexandria, shall be SUbject to the provisions. of th is Article. Sec. 1003. Prohibition of Smoking in Snclosed Public Places Smoldng shall be pmhibited in all enclosed public places within the City of Alexandria Including but not limited to, the following places:

.A~'Aquarlums;ga"eries;libmdes;~Iiild museums:

.,'.',., .,'.""..,

B. Areas available to the general prJbllc in businesses and non-profit entities patronized by the public, including but not limited to, banks, laundromats, professional offices, and retail service establishments.

C. Bars.
D. Bingo fBciijties. E. Child care and adult day care facilities. F. Convention faclilties.

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G. Educational facilltles, both public and private. H, Elevators. L Gaming facilltles. J. Health care facilities.
K. Hotels and motels Including all rooms rented and other common-use areas.

to guests, restrooms,

lobbies, reception areas, hanways,

.

L. Lobbies, hallways, and other common areas in apartment buildings, condominiums, trailer parks, retirement facilities, and other multiple...unlt residential facilities,
M. Nursing homes Including but not IimitBd to all private and semi-private rooms, restrooms, lobbies, reception areas, hallways, and other common-use areas,

N, Polling places. N. Public transportation vehicles, including buses and taxicabs, under the authority of the City of Alexandria, and ticket, boarding, and waiting areas of public transportation facilities; including bus, train, and airport facilities. O. Restaurants. P. Restrooms, lobbies, reception areas, haUwaw, and other commoo-use areas.
Q.

Retail stores,

R. Retail tobacco businesses.
S. Rooms, chambers, places of meeting or public assembly, Including school buildings, under the control of an agency, board, commission, committee or council ofthe City of Alexandria or a political subdMsion of t~e ~~~.~~~~~_~~~~~}h~.place .. ~~.t~e j~ris~i~~o~.1?f .~Ity of AI~xa.~d~~..... ... i~~u~j~~ ~~ .. .. ... ..
'.' ".'

-,

T. Service lines,
U, Shopping mails. V. Sports arenas, including enclosed places In outdoor arenas.

W. Theaters and oli1erfacilttles primarily used for exhibiting motion pictures, stage dramas, lectures1 musical recitals, or other similar performances, Sec. 1004. Prohibition of Smoking in Enclosed Placn of Employment

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A. Smoklng shall be prohibited in all enclosed areas of places of employment without exception. This includes, without limitation, common work areas, auditoriums, classrooms, conference and meeting rooms, private offices, elevators, hallways, medical facilities, cafeterias, employee lounges, stairs, restrooms, vehicles, and all other enclosed facilities. B. This prohibition on smoking shall be communicated to all existing employees by the effective date of this Article and to all prospective employees upon their application for employment

Sec. 1006. Prohibition of Smoking In Private Clubs
Smoking shall be prohibited in all private clubs.

Sec. 1006. Prohibition of Smoldng in Outdoor Public Places
Smoking shall be prohibited in the following outdoor places: A.' WIthin a reasonable distance of fifty (50) feet ou1side entrances and operable windows of enclosed areas where smoldng is proh1bited, so as to prevent tobacco smoke from entering those areas.

B. Within fifty (50) feet of all buildings owned, leased, or operated by the_City of Alexandria and that is
under th e control of the City of Alexandria.

c. In, and

within fifty (50) feet of, enclosed outdoor seating or serving arsas of restaurants and bars.

D.ln and at all outdoor arenas, stadiums, and amphitheaters, including but not limited grandstands for use by spectators at sporting an d other" public eve nts. • E. In, and within fifty (50) feet of, all outdoor playgrounds. F.ln, and within fifty (50) teet of, all outdoor public transportation authority of the City of Alexandria,

to bleachers

and

stations, platforms, and shelters under the

"" Bxceed:twenly~fjve perCenf(25o/~}ofillet"totai :oiitdoor·cOmman"area, WIllchnlust· bEi"iocat.e:i:f

G. In outdoor common areas of apartment buildings, condominiums, trailer parks, retirement facilities, nursing homes, and othermuttiple-unit residential facilities, except in designated smoking areas, not to

at least fiftY ..

(50) feet otrtside entrances and operable Windows of enclosed areas where smoking Is prohibited.

Sac. 1007. Prohibition of Smoking in Outdoor Places of Employment
A. SmOking shall be prohibited in aU outdoor places of employment wtlere employees are required to be in the course of1heir employment This includes, without limitation, work areas, construction sites, temporary offices such as trailers, restroom facilities, and vehicles. B. This prohibition on smoking shaU be communicated to all existing employees by the effective date of this Article and to all prospedlve employees upon their application for

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employment see. 1008. Where Smoking Not Regulated

NotwIthstanding any other provision of thIs Article to the contrary, smoking shall not be prohibited in private resldenees, unless used as a childcare. adult day cars. nursing home, or health care facility. of Establishment Of Outdoor Area as Nonsmoking Notwithstanding any other provision of this Artide. an owner. operator, manager, or other person In control of an establishment, facility, or outdoor area may declare that entire establishment. facility, or outdoor area as a nonsmoking place, Smoking shall be prohibited in any place in which a sign conforming to the requirements of Section 1010(A) is posted.
Sec. 1D09. Declaration

Sec. 1010. Posting of Signs and Removal of Ashtrays The owner, operator, manager, or other person in control of a public place or place of employment where smoking Is prohibited by this Article shall: A. Clearly and conspicuously post "No Smoking" signs or the IntemaUonal"No Smoking" symbol (conSisting of a pictorial representation of a buming cigarette enclosed In a red circle with a red bar across it) in that place.
is prohibited.

B. Clearly and conspicuously post at every entrance to that place a sign stating that smoking
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.

.

C. Clearly and conspicuously post on every vehicle that constitutes a place of employment under this Article at least one sign, Visible from the exterior of the vehicle, slating that smoking Is prohibited. D. Remove all ashtrays from any area where smoking is prohibited by this Article, except torashtTaysdi!;iplayedfOr sale'aridriot foruseonthepiemlses~ ..." ": ... ,,,.,. . ..,..., '.'

Sec. 1011.

Nonretallation;

Nonwaiver of Rights

A. No person or employer shan discharge, refuse to hire, or in any manner retaliate against 'an employee, applicant for employmen~ customer, or resident of a multiple-unit residential facility because that employee, applicant, customer, or resident exercises any rights afforded by this Article or reports or attempts to prosecute a viDlatlon of this Article. Notwithstanding Section 1013. violation ofthis Subsection shall be a mIsdemeanor. punishable by a fine not to exceed $1000 for each vIolation. B. An employee who works in a setting where an employer allows smokIng does not wahle

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or otherwlse surrender any legal tights the employee

any other party.

may have against the employer or

Sec. 1012. Enforeement A. This Article shalt be enforced by the City of Alexandrta, Department of Health or an authorized designee. Alexandria.
B. Notice of the provisions of th is Article shall be given to all applicants for a busln ass license in the City of

C. Any citizen who desires to register a complaint under this Article may initiate enforeement with the City of Alexandria. D. The Health Department, Fire Department. or their deSignees shall. while an establishment is undergoing otherwise mandated inspections, inspect far compliance with this Article. E. An owner. manager, operator, or employee of an area regulated by this Article shall direct a person wIlo is smoking In violation of this Article to extinguish the product being smoked. If the person does not stop smoking, the owner. manager, operator, or employee shall refuse service and shell immediately ask the person to teave the premises. If the person in violation refuses to leave the premises. the owner. manager, operator, or employee shall contact a law enforcement agency.

to enforce this Article.

F. Notwlthstanding any other prOvision of this Article, an employee or private citizen may bring legal action .

G. In addition to the remedies p'rovided by the provIsions of thIs Section, the City of Alexandria. any person aggrieved by the failure of the owner, operator, manager, or other person In control of a public place or a place of employmern to comply with the provisions of this Article may apply for injunctive relief to enforce those provisions in any court of competent Jurisdiction.
Sec. 1013. Violations and Penalties

A. A person who smokes In an area where smoking Is prohibited by the provisions of this Artic~ ~~~!I,~~~iHy of ~n,i~~c,ti,~~,punish~ble,~Y: ,"".'" ."_' .,.".' , " 1. A fine not exceeding twenty~five ($25) for a first violation. 2. A 'fine not exceeding fifty dollars ($50) for a second violation. 3.. A fine not exceeding one hundred ($100) foreach additional violation. B. Except as otherwise provided in Section 1011(A), a person Who owns, manages, operates. or otherwise controls a public place or place of employment and who falls to comply with the provisions of this ArtiCle shall be guilty of an infraction, punishable by: 1. A fine not exceedIng one hundred dollars ($100) for a first violation.

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2. A fine not exceeding

two hundred fifty dollars ($250) tor a second violation within one (1) year,

3. A fine not exceeding five hundred dollars ($500) for each additional violation within one (1) year. C. In addition to the fines established by this Section, violation of this Article by a person who owns, manages, operates, or otherwise controls a public place or place of employment may result in the suspension or revocation of any permit or license Issued to the person for the premises on Which the violation occurred. D. Violation of this Article Is hereby declared to be a public nuisance, IAlhlch may be abated by the City of Alexandria Department of Health by restraining order, preliminary and permanent injunction, or other means provided for by law, and the City may take action to recover the costs of the nulsanee abatement. E. Each day on which a violation of this Article occurs shall be considered a separate and distinct violation.

Sec. 1014. Public Education Tne City of Alexandria shan engage in a continuing program to eXplain and clarify the purposes and requirements of this Article to citizens affected by it, and to guide owners, operators, and managers in their compliance with it. The program tnay include publication of a brochure for affected businesses and Individuals explaining the provisions of this ordinance.

See. 1015. Governmental Agency Cooperation.
The City of Alexandria may within the City of Alexandria Article. This includes urging smoklng control regulations annually request other governmental and educational agencies having facilities to establish local operating procedures in cooperation and compliance with this all Federal, State, City, and School District agencies to update their existing to be consistent with the current health findings regarding secondhand smoke.

Sac. 1016, Other Applicable Laws
This Article shall not be interpreted or construed to permit smoking where it Is otherwise

restricted by other appficable laws. Sec. 1017, Uberar Construction
This Article shall be liberally construed so as to further its purposes.

See. 1018. Severability
If any provision, clause, sentence, or paragraph of this Article or the application thereof to any person or circumstances shall be held invalid, that invalidity shan not affect the other provisions

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of thIs Article which can be given effect without the invalid provisIon or application, and to this end the provisions of this Article are declared to be severable. Sec. 1019. Effective Date This Article shall be effective sixty (60) days from and after the date of its adoption.

ORDINANCE 44·2006 AN ORDINANCE TO AMEND AND RE·ENACT SECTION 13-21 OF THE ALEXANDRIA CODE OF ORDINANCES RELATIVE TO SMOKING PROHIBITED IN BUILDINGS, FACILITIES AND VEHICLES OWNED OR LEASED BY THE CITY AND TO ADD SECTION 13·23 RELATIVE TO THE SMOKE FREE AIR ACT AND TO PROVIDE FOR RELATED MATTERS.
BE IT ORDAINED by the Council of the City of Alexandria, Louisiana:

SECTION I. Section 13-21 of the Alexandria amended and re-enacted to read as follows:

Code of Ordinances

is hereby

SECTION 13.21. Smoking prohibited owned or leased by the city. (a) Definitions

in buildings, facilities

and vehicles

(1) Smoking means the carrying of a lighted cigar, cigarette, pipe, or any other form of tobacco or any other substance that may emit smoke or the inhaling of and exhaling of smoke by a person from any form of lighted tobacco or any other substance that may emit smoke. (2) Facility means any property of the city other than a building or vehicle and includes but is not limited to property owned, occupied or operated by the city or an agency thereof, utilized by the general public for public use, recreation, sport or pleasure, other than the playing area of a city owned golf course, and includes public transportation facilities, parks, playgrounds, the Alexandria Zoological Park, ball fields, swimming pools, community centers, resource centers, and any other city property other than a street, sidewalk or parking area or a deslqnated smoking area. (b) Prohibited Acts Smoking is prohibited by any person within buildings, facilities or vehicles owned, or leased, occupied or operated by the city or an agency thereof, including public transportation facilities or vehicles, except as provided herein.

SECTION II. Section 13-23 of the Alexandria Code of Ordinances is hereby added and enacted to read as follows:

Section 13-23. Smoke Free Air Act (a) Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Business establishment means any sale proprietorship, partnership, association, joint venture, corporation or other entity formed for profit-making purposes, including professional corporations and other entities where legal, medical, dental, engineering, architectural, financial, counseling, and other protesslonal or consumer services are provided.

Enclosed area means all space which is enclosed on all sides by solid walls, windows or floor-to-ceiling partitions, irrespective of the size of such areas and of any doorway, stairway or passageway providing means of ingress and egress to such area. Public place means any area, including privately owned property, to which the public has access or is invited or permitted, including, but not limited to, banks, educational facilities, health care facilities, shopping malls, reception areas, restaurants, retail stores, theaters, sports arenas, places of entertainment or recreation, and waiting rooms. Restaurant means any coffee shop, cafeteria, luncheonette, sandwich stand, soda fountain, and any other commercial eating establishment, or part of any organization, club, boardinghouse, or guesthouse, which gives or offers for sale food to the public, guests, or patrons, whether food is customarily consumed on or off the premises, but not an establishment whose primary purpose is to serve food to employees of a common employer. Retail store means any place which in the regular course of business sells goods or services directly to the public. Service line or waiting area means a queue, line or other formation of persons, whether seated or standing, in which one or more persons are waiting for, providing or receiving service of any kind, whether or not such service involves an exchange of consideration. Smoking means the carrying of a lighted cigar, cigarette, pipe, or any other form of tobacco or any other substance that may emit smoke or the inhaling of and exhaling of smoke by a person from any form of lighted tobacco or any other substance that may emit smoke Sports arena means any sports pavilion, stadium (whether or not fully enclosed), gymnasium, health spa, boxing arena, swimming pool, roller and ice skating rink, bowling alley and other similar place where members of the general public assemble either to engage in physical exercise, participate in athletic competition or witness sports, cultural or similar events.

Tobacco business means an enterprise in which the primary activity is the sale, manufacture, or promotion of tobacco, tobacco products and accessories either at wholesale or retail, and in which the sale, manufacture or promotion of other products is merely incidental. (b) Construction of section. (i) Nothing in this section shall be construed to permit smoking where it is otherwise prohibited by law or regulation. (ii) Nothing in this section shall be construed to preclude owners, operators, managers, employers or other persons having control of any establishment covered by this section from proh ibiting smoking in such establishment to a greater extent than is provided by this section, in accordance with applicable law. (c) Prohibition of smoking in public places. (A) Smoking is prohibited by any person in all enclosed areas within public places in the city, during the times in which the public is invited or permitted, except as otherwise restricted in accordance with the provisions below. Such public places include, but are not limited to, the following: (1) Public transportation facilities, including, but not limited to, ticketing, boarding and waiting areas of public transit depots; (2) Public means of mass transportation, including, but not limited to, buses, vans, taxicabs and all for-hire vehicles required to be licensed or franchised by the city; provided that this prohibition shall not apply to limousines. (3) Public restrooms. (4) Retail stores (other than retail tobacco stores.) (5) Restaurants, except as provided below for restaurants holding an alcoholic beverage dealer's permit, license, or certificate issued pursuant to the provisions of R.S. 26:71 (A)(3)(a), 71.1, 72, 73, 271 (A)(2) 271.1, 271.2, and 272.

(6) Business establishments including banks, hotels, motels, offices where professional or consumer services are rendered, and nonprofit entities, including religious institutions; provided the smoking prohibition applies only to areas of public accommodation and not to private areas to which the general public does not have access. (7) Libraries, museums and galleries.
(8) Motion picture theaters, concert halls, auditoriums and buildings primarily used for, or designed for the primary purpose of exhibiting movies, stage drama, musical recital, dance, lecture or other similar performance. (9) Convention halls.

(10) Sports arenas. (11) Places of meeting or public assembly during such time as a meeting open to the public is being conducted for educational, religious, recreational or political purposes, but not including meetings conducted in private residences. (12) Health care facilities including, but not limited to, hospitals, clinics, physical therapy facilities, convalescent homes, and homes for the aged. primary, and secondary schools, community colleges, technical training establishments, specialty schools, colleges and universities. (14) Elevators. (15) In any waiting area, or portion thereof, in an enclosed area within a public place during the times in which the public is invited or permitted. (B) Smoking is prohibited by any person in the following public places in the city, whether or not in an enclosed area: (1) Within fifty(50) feet of the entrance or exit to any health care facility including, but not limited to, hospitals, clinics, physical therapy facilities, convalescent homes, and homes for the aged. (2) In any service line in a public place during the times in which the public is invited or permitted. (d).Areas where smoking is not regulated. The following places shall not be subject to the smoking restrictions of this section: (1) Restaurants and alcoholic beverage establishments holding an alcoholic beverage dealer's permit, license, or certificate issued pursuant to the provisions of R.S. 26:71 (A)(3)(a), 71.1, 72, 73,271 (A)(2) 271.1,271.2, and 272. (2) Private residences, except when a child care or health care facility is operated therein.
(3) Hotel and motel rooms occupied by or available for occupancy by guests. (4) Tobacco businesses. (13) All pre-primary,

(5) Any property where gaming operations are conducted. (6) State, parish or federal property, buildings or facilities. (e) Posting of signs. The owner or operator of a business establishment, restaurant , retail store or other proprietor subject to this section may comply with this section by posting of "Smoking" or "No Smoking" signs, or the international symbols indicating the same, and any other signs necessary to comply with the provisions of this section shall be prominently and conspicuously posted at all major public entrances to, and appropriate locations within, each enclosed area where smoking is either prohibited, permitted or otherwise regulated by this section, by the owner, operator, manager or other person having control of such area.

SECTION III. BE IT FURTHER ORDAINED this Ordinance shall become effective April 15, 2006.

SECTION IV. BE IT FURTHER ORDAINED, etc., that if any provision or item of this ordinance or the application thereof is held invalid, such invalidity shall not affect other provisions, items or applications of this ordinance which can be given effect without the invalid provisions, items or applications, and to this end the provisions of this ordinance are hereby declared severable. SECTION V. BE IT FURTHER ORDAINED, etc., that all ordinances or parts of ordinances in conflict herewith are hereby repealed. THIS ORDINANCE WAS INTRODUCED on the 2ih day of September, 2005. NOTICE PUBLISHED on the

so" day

of September, 2005.

THIS ORDINANCE having been submitted in writing, introduced and published was then submitted to a final vote as a whole, the vote thereon being as follows: YEAS: NAYS: ABSENT: Fowler, Marshall, Johnson, Lawson, Silver, Smith, Hobbs. None. None.

AND THE ORDINANCE was declared adopted on this the ih day of February, 2006 and final publication was made in the Alexandria Daily Town Talk on the 10th day of February, 2006.

CITY CLERK

PRESIDENT

MAYOR'S APPROVAl/VETO

DELIVERED:DATE: RECEIVED:

DATE:

TIME: ---TIME: ----