The ordinance 
http://www.ci.minneapolis.mn.us/council/2004-meetings/20040723/docs/Task-Force-Smoking-Ordinance.pdf

I don't see any 60/40 exemption.  Didn't see such an expemption in
either the PP or Strib story.


By Zimmermann, Johnson Lee, Niziolek, Samuels, Schiff, Zerby
Amending Title 11 of the Minneapolis Code of Ordinances relating to
Health and
Sanitation by adding a new Chapter 234 relating to Indoor Smoking.
The City Council of The City of Minneapolis do ordain as follows:
Section 1. That the Minneapolis Code of Ordinances be amended by adding
thereto a
new Chapter 234 to read as follows:
CHAPTER 234. INDOOR SMOKING
234.10. Definitions. As used in this ordinance:
Bowling alleys and pool and billiard halls means those establishments
licensed pursuant
to Chapter 267, Articles IV and XII of this Code, whether or not they
are also licensed as a
liquor establishment.
Food establishment means those establishments licensed pursuant to
Title 10 of this
Code.
Liquor establishment means those establishments licensed pursuant to
Title 14 of this
Code.
Other person in charge has the meaning specified in the Minnesota Clean
Indoor Air Act
Rules, Minnesota Rules, part 4620.0100, subpart 10, as amended from
time to time.
Proprietor has the meaning specified by the Minnesota Clean Indoor Air
Act Rules,
Minnesota Rules, part 4620.0100, subpart 13, as amended from time to
time.
Smoking means the inhaling, exhaling or combustion of any cigar,
cigarette, pipe, tobacco
product, weed, plant or any other similar article. �Smoking� includes
possessing or carrying a
lighted cigar, cigarette, pipe or any other lighted smoking equipment.
234.20. Prohibitions.
(1) Smoking is prohibited in bowling alleys and pool and billiard halls
and liquor and food
establishments.
(2) General exceptions. The prohibitions of this section do not apply
to:
a. Guest rooms of a hotel or motel;
b. Outdoor spaces;
c. Locations where smoking is expressly authorized by state or federal
law or rule; or
d. The use of tobacco as part of a recognized religious ritual or
activity.
234.30. Responsibilities of proprietors. The proprietor or other person
in charge of a
bowling alley, pool and billiard hall, or liquor or food establishment
shall:
(1) 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;
(2) Ensure that ashtrays, lighters, and matchbooks are not provided in
any area where
smoking is prohibited; and
(3) 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.
234.40. Additional private prohibitions. Nothing in this ordinance
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.
234.50. 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.
234.60. 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.
234.70. Other applicable laws. This ordinance is intended to complement
the
Minnesota Clean Indoor Air Act, Minnesota Statutes, Sections144.411 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.
234.80. Violation and penalties.
(1) Proprietors. It is a violation of this ordinance for the proprietor
or other person in
charge of any premises subject to this ordinance to fail to comply with
the
requirements of 234.30, or to retaliate against an employee, applicant
for employment
or customer, as prohibited by 234.50.
(2) Civil fines. Violations of this chapter may be enforced
administratively pursuant to
Chapter 2 of this Code. Each day of violation constitutes a separate
offense.
(3) Adverse license action. Violation of any provision of this chapter
by a licensee shall be
adequate grounds for the denial, refusal to renew, revocation or
suspension of said
license.
(4) Enforcement. The provisions of this ordinance shall be enforced by
the department of
operations and regulatory services, the police department and fire
department.
(5) Injunctive relief. The city attorney may bring a civil action
against the proprietor or
other person in charge of a public place or place of work to enjoin
repeated or
continuing violations of this chapter.
234.90. Severability. If any portion of this chapter, or its
application to any
circumstances, is held invalid, the remaining provisions shall not be
invalidated, and shall
be given effect to the maximum extent possible.
235.100. Effective date. The provisions of this chapter shall become
effective
March 31, 2005.

--- List manager <[EMAIL PROTECTED]> wrote:
> This is the text of the ordinance the task force proposed. I believe 
> 
> (but am not positive), it was unaltered, so this is likely what the  
> council passed today.
> 
> http://www.ci.minneapolis.mn.us/council/2004-meetings/20040723/docs/ 
> Task-Force-Smoking-Ordinance.pdf
> 
> REMINDERS:
> 1. Think a member has violated the rules? Email the list manager at
> [EMAIL PROTECTED] before continuing it on the list. 
> 2. Don't feed the troll! Ignore obvious flame-bait.
> 
> For state and national discussions see:
> http://e-democracy.org/discuss.html
> For external forums, see: http://e-democracy.org/mninteract
> ________________________________
> 
> Minneapolis Issues Forum - A City-focused Civic Discussion - Mn
> E-Democracy
> Post messages to: mailto:[EMAIL PROTECTED]
> Subscribe, Un-subscribe, etc. at: http://e-democracy.org/mpls
> 
> 
> 

REMINDERS:
1. Think a member has violated the rules? Email the list manager at [EMAIL PROTECTED] 
before continuing it on the list. 
2. Don't feed the troll! Ignore obvious flame-bait.

For state and national discussions see: http://e-democracy.org/discuss.html
For external forums, see: http://e-democracy.org/mninteract
________________________________

Minneapolis Issues Forum - A City-focused Civic Discussion - Mn E-Democracy
Post messages to: mailto:[EMAIL PROTECTED]
Subscribe, Un-subscribe, etc. at: http://e-democracy.org/mpls

Reply via email to