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9.A. - Page 23 of 31 <br />File Number: 19-842 Enactment Number: ORD 1588-2019 <br />as smoking, and includes possessing a lighted pipe, lighted cigar, lighted hookah, or lighted cigarette of <br />any kind, or the lighting of a pipe, cigar, hookah, or cigarette of any kind. <br />"Transient lodging establishment" means a bed and breakfast, hostel, hotel, motel or other, similar <br />short-term lodging establishment. <br />"Unenclosed" means any area that is not an enclosed area as defined in this chapter. <br />"Unit" means an apartment, condominium, detached home, townhouse, room in a single room <br />occupancy facility, room in a homeless shelter, mobilehome, camper vehicle, tent or other personal <br />dwelling space, even where lacking cooking facilities or private plumbing facilities. <br />Section 8.50.040 Smoking permitted. <br />(a) Unless otherwise affirmatively protected by state or federal law, smoking is permitted in the <br />following places within the city: <br />(1) Hookah bars/Smoking lounges. Smoking is permitted in hookah bars/smoking lounges as <br />defined by Chapter 20.620 of this Code. <br />(2) Transient Lodging Establishments. Smoking is permitted in up to sixty-five percent of <br />transient lodging establishment guest rooms. Nothing in this section shall prohibit transient <br />lodging establishments from choosing to be one hundred percent smoke-free. <br />(3) Designated Lobby Areas. Smoking is permitted in areas of the lobby in a transient lodging <br />establishment designated for smoking by the establishment. An establishment may permit <br />smoking in a designated lobby area that does not exceed twenty-five percent of the total floor <br />area of the lobby or, if the total area of the lobby is two thousand square feet or less, that does <br />not exceed fifty percent of the total floor area of the lobby, provided that the smoking area of <br />the lobby is not used primarily for the sale and service of food or beverages. <br />(4) Theatrical Performances. Smoking is permitted in theatrical performances if smoking is an <br />integral part of the story in the theatrical production. <br />(5) Medical Research or Treatment Sites. Smoking is permitted in medical research or treatment <br />sites if smoking is integral to the research and treatment being conducted. <br />(6) Employee Break Rooms. Smoking is permitted in enclosed employee break rooms designated by <br />employers for smoking, provided that they meet all of the following criteria: (A) air from the <br />room is exhausted directly to the outside by an exhaust fan; (B) the employer complies with <br />applicable state and federal ventilation standards; (C) the room is located in a non -work area; (D) <br />the employer does not store or maintain any item necessary or related to the performance of <br />any employee's duties in the smoking break room such that non-smoking employees are <br />required to enter or pass through the room in order to access said items; and (E) there are <br />sufficient non-smoking break rooms to accommodate non-smokers <br />City of South San Francisco Page 5 <br />300 <br />