00-048-O
ORDINANCE NO. __________

AN ORDINANCE PERTAINING TO SMOKING IN PUBLIC PLACES IN THE CITY OF DULUTH; AMENDING SECTIONS 28-64 AND 28-71 OF THE DULUTH CITY CODE, 1959, AS AMENDED.

BY COUNCILOR STEWART:

The city of Duluth does ordain:

        Section 1. That Section 28-64 of the Duluth City Code, 1959, as amended be amended to read as follows:

Sec. 28-64. Smoking prohibited in public places; exception.

No person shall smoke in any public place except those rooms constituting bars where persons under the age of 18 are not permitted to enter or remain, and except bars and restaurants that have a designated smoking area in a separate room, separately ventilated to the outside and constituting not more than 30 percent of the seating floor space and persons under the age of 18 are not permitted to enter or remain.

        Section 2. That Section 28-71 of the Duluth City Code, 1959, as amended, be amended to read as follows:
Sec. 28-71. Hours of application.

Subject to the provisions of the Minnesota Clean Indoor Air Act, smoking may be allowed by the management at restaurants holding alcoholic beverage licenses or beer and wine licenses after 8:00 p.m. until 1:00 a.m. if persons under 18 years of age are not allowed to remain on the premises during that time.

        Section 3. That this ordinance shall take effect and be in force 30 days from and after its passage and publication.

STATEMENT OF PURPOSE:  This ordinance makes two changes in Duluth's "smoking in public places" ordinance.  First, it provides that the provision for smoking in separate rooms with outside ventilation applies to both bars and restaurants.  Second, it provides that restaurants with on sale liquor, wine or beer licenses may only allow smoking each night from 8:00 p.m. to 1:00 a.m. if they exclude minors from the premises.