§ 15.2-2825. Smoking in restaurants prohibited; exceptions; posting of signs;penalty for violation.
A. Effective December 1, 2009, smoking shall be prohibited and no personshall smoke in any restaurant in the Commonwealth or in any restroom withinsuch restaurant, except that smoking may be permitted in:
1. Any place or operation that prepares or stores food for distribution topersons of the same business operation or of a related business operation forservice to the public. Examples of such places or operations include thepreparation or storage of food for catering services, pushcart operations,hotdog stands, and other mobile points of service;
2. Any outdoor area of a restaurant, with or without roof covering, at suchtimes when such outdoor area is not enclosed in whole or in part by anyscreened walls, roll-up doors, windows or other seasonal or temporaryenclosures;
3. Any restaurants located on the premises of any manufacturer of tobaccoproducts;
4. Any portion of a restaurant that is used exclusively for privatefunctions, provided such functions are limited to those portions of therestaurant that meet the requirements of subdivision 5;
5. Any portion of a restaurant that is constructed in such a manner that thearea where smoking may be permitted is (i) structurally separated from theportion of the restaurant in which smoking is prohibited and to which ingressand egress is through a door and (ii) separately vented to prevent therecirculation of air from such area to the area of the restaurant wheresmoking is prohibited. At least one public entrance to the restaurant shallbe into an area of the restaurant where smoking is prohibited. For thepurposes of the preceding sentence, nothing shall be construed to require thecreation of an additional public entrance in cases where the only publicentrance to a restaurant in existence as of December 1, 2009, is through anoutdoor area described in subdivision 2; and
6. Any private club.
B. For the purposes of this section:
"Proprietor" means the owner, lessee or other person who ultimatelycontrols the activities within the restaurant. The term "proprietor"includes corporations, associations, or partnerships as well as individuals.
"Structurally separated" means a stud wall covered with drywall or otherbuilding material or other like barrier, which, when completed, extends fromthe floor to the ceiling, resulting in a physically separated room. Such wallor barrier may include portions that are glass or other gas-imperviousbuilding material.
C. No individual who is wait staff or bus staff in a restaurant shall berequired by the proprietor to work in any area of the restaurant wheresmoking may be permitted without the consent of such individual. Nothing inthis subsection shall be interpreted to create a cause of action against suchproprietor.
D. The proprietor of any restaurant shall:
1. Post signs stating "No Smoking" or containing the international "NoSmoking" symbol, consisting of a pictorial representation of a burningcigarette enclosed in a red circle with a bar across it, clearly andconspicuously in every restaurant where smoking is prohibited in accordancewith this section; and
2. Remove all ashtrays and other smoking paraphernalia from any area in therestaurant where smoking is prohibited in accordance with this section.
E. Any proprietor of a restaurant who fails to comply with the requirementsof this section shall be subject to the civil penalty of not more than $25.
F. No person shall smoke in any area of a restaurant in which smoking isprohibited as provided in this section. Any person who continues to smoke insuch area after having been asked to refrain from smoking shall be subject toa civil penalty of not more than $25.
G. It shall be an affirmative defense to a complaint brought against aproprietor for a violation of this section that the proprietor or an employeeof such proprietor:
1. Posted a "No Smoking" sign as required;
2. Removed all ashtrays and other smoking paraphernalia from all areas wheresmoking is prohibited;
3. Refused to seat or serve any individual who was smoking in a prohibitedarea; and
4. If the individual continued to smoke after an initial warning, asked theindividual to leave the establishment.
H. Civil penalties assessed under this section shall be paid into theVirginia Health Care Fund established under § 32.1-366.
I. Any local health department or its designee shall, while inspecting arestaurant as otherwise required by law, inspect for compliance with thissection.
§ 15.2-2825. Smoking in restaurants prohibited; exceptions; posting of signs;penalty for violation.
A. Effective December 1, 2009, smoking shall be prohibited and no personshall smoke in any restaurant in the Commonwealth or in any restroom withinsuch restaurant, except that smoking may be permitted in:
1. Any place or operation that prepares or stores food for distribution topersons of the same business operation or of a related business operation forservice to the public. Examples of such places or operations include thepreparation or storage of food for catering services, pushcart operations,hotdog stands, and other mobile points of service;
2. Any outdoor area of a restaurant, with or without roof covering, at suchtimes when such outdoor area is not enclosed in whole or in part by anyscreened walls, roll-up doors, windows or other seasonal or temporaryenclosures;
3. Any restaurants located on the premises of any manufacturer of tobaccoproducts;
4. Any portion of a restaurant that is used exclusively for privatefunctions, provided such functions are limited to those portions of therestaurant that meet the requirements of subdivision 5;
5. Any portion of a restaurant that is constructed in such a manner that thearea where smoking may be permitted is (i) structurally separated from theportion of the restaurant in which smoking is prohibited and to which ingressand egress is through a door and (ii) separately vented to prevent therecirculation of air from such area to the area of the restaurant wheresmoking is prohibited. At least one public entrance to the restaurant shallbe into an area of the restaurant where smoking is prohibited. For thepurposes of the preceding sentence, nothing shall be construed to require thecreation of an additional public entrance in cases where the only publicentrance to a restaurant in existence as of December 1, 2009, is through anoutdoor area described in subdivision 2; and
6. Any private club.
B. For the purposes of this section:
"Proprietor" means the owner, lessee or other person who ultimatelycontrols the activities within the restaurant. The term "proprietor"includes corporations, associations, or partnerships as well as individuals.
"Structurally separated" means a stud wall covered with drywall or otherbuilding material or other like barrier, which, when completed, extends fromthe floor to the ceiling, resulting in a physically separated room. Such wallor barrier may include portions that are glass or other gas-imperviousbuilding material.
C. No individual who is wait staff or bus staff in a restaurant shall berequired by the proprietor to work in any area of the restaurant wheresmoking may be permitted without the consent of such individual. Nothing inthis subsection shall be interpreted to create a cause of action against suchproprietor.
D. The proprietor of any restaurant shall:
1. Post signs stating "No Smoking" or containing the international "NoSmoking" symbol, consisting of a pictorial representation of a burningcigarette enclosed in a red circle with a bar across it, clearly andconspicuously in every restaurant where smoking is prohibited in accordancewith this section; and
2. Remove all ashtrays and other smoking paraphernalia from any area in therestaurant where smoking is prohibited in accordance with this section.
E. Any proprietor of a restaurant who fails to comply with the requirementsof this section shall be subject to the civil penalty of not more than $25.
F. No person shall smoke in any area of a restaurant in which smoking isprohibited as provided in this section. Any person who continues to smoke insuch area after having been asked to refrain from smoking shall be subject toa civil penalty of not more than $25.
G. It shall be an affirmative defense to a complaint brought against aproprietor for a violation of this section that the proprietor or an employeeof such proprietor:
1. Posted a "No Smoking" sign as required;
2. Removed all ashtrays and other smoking paraphernalia from all areas wheresmoking is prohibited;
3. Refused to seat or serve any individual who was smoking in a prohibitedarea; and
4. If the individual continued to smoke after an initial warning, asked theindividual to leave the establishment.
H. Civil penalties assessed under this section shall be paid into theVirginia Health Care Fund established under § 32.1-366.
I. Any local health department or its designee shall, while inspecting arestaurant as otherwise required by law, inspect for compliance with thissection.
§ 15.2-2825. Smoking in restaurants prohibited; exceptions; posting of signs;penalty for violation.
A. Effective December 1, 2009, smoking shall be prohibited and no personshall smoke in any restaurant in the Commonwealth or in any restroom withinsuch restaurant, except that smoking may be permitted in:
1. Any place or operation that prepares or stores food for distribution topersons of the same business operation or of a related business operation forservice to the public. Examples of such places or operations include thepreparation or storage of food for catering services, pushcart operations,hotdog stands, and other mobile points of service;
2. Any outdoor area of a restaurant, with or without roof covering, at suchtimes when such outdoor area is not enclosed in whole or in part by anyscreened walls, roll-up doors, windows or other seasonal or temporaryenclosures;
3. Any restaurants located on the premises of any manufacturer of tobaccoproducts;
4. Any portion of a restaurant that is used exclusively for privatefunctions, provided such functions are limited to those portions of therestaurant that meet the requirements of subdivision 5;
5. Any portion of a restaurant that is constructed in such a manner that thearea where smoking may be permitted is (i) structurally separated from theportion of the restaurant in which smoking is prohibited and to which ingressand egress is through a door and (ii) separately vented to prevent therecirculation of air from such area to the area of the restaurant wheresmoking is prohibited. At least one public entrance to the restaurant shallbe into an area of the restaurant where smoking is prohibited. For thepurposes of the preceding sentence, nothing shall be construed to require thecreation of an additional public entrance in cases where the only publicentrance to a restaurant in existence as of December 1, 2009, is through anoutdoor area described in subdivision 2; and
6. Any private club.
B. For the purposes of this section:
"Proprietor" means the owner, lessee or other person who ultimatelycontrols the activities within the restaurant. The term "proprietor"includes corporations, associations, or partnerships as well as individuals.
"Structurally separated" means a stud wall covered with drywall or otherbuilding material or other like barrier, which, when completed, extends fromthe floor to the ceiling, resulting in a physically separated room. Such wallor barrier may include portions that are glass or other gas-imperviousbuilding material.
C. No individual who is wait staff or bus staff in a restaurant shall berequired by the proprietor to work in any area of the restaurant wheresmoking may be permitted without the consent of such individual. Nothing inthis subsection shall be interpreted to create a cause of action against suchproprietor.
D. The proprietor of any restaurant shall:
1. Post signs stating "No Smoking" or containing the international "NoSmoking" symbol, consisting of a pictorial representation of a burningcigarette enclosed in a red circle with a bar across it, clearly andconspicuously in every restaurant where smoking is prohibited in accordancewith this section; and
2. Remove all ashtrays and other smoking paraphernalia from any area in therestaurant where smoking is prohibited in accordance with this section.
E. Any proprietor of a restaurant who fails to comply with the requirementsof this section shall be subject to the civil penalty of not more than $25.
F. No person shall smoke in any area of a restaurant in which smoking isprohibited as provided in this section. Any person who continues to smoke insuch area after having been asked to refrain from smoking shall be subject toa civil penalty of not more than $25.
G. It shall be an affirmative defense to a complaint brought against aproprietor for a violation of this section that the proprietor or an employeeof such proprietor:
1. Posted a "No Smoking" sign as required;
2. Removed all ashtrays and other smoking paraphernalia from all areas wheresmoking is prohibited;
3. Refused to seat or serve any individual who was smoking in a prohibitedarea; and
4. If the individual continued to smoke after an initial warning, asked theindividual to leave the establishment.
H. Civil penalties assessed under this section shall be paid into theVirginia Health Care Fund established under § 32.1-366.
I. Any local health department or its designee shall, while inspecting arestaurant as otherwise required by law, inspect for compliance with thissection.
