Chapter 153 Smoke-Free Restaurants

[HISTORY: Adopted by the Village Board of the Village of Holmen 6-13-2002 by Ord. No. 3.02. Amendments noted where applicable.]

§ 153-1.  Purpose.
The purpose of this chapter is to promote and protect the health, safety and general welfare of the people of the Village of Holmen.

§ 153-2.  Definitions.
As used in this chapter, the following terms shall have the meanings indicated:

ACCESSORY SEATING — Can include tables and chairs or booths in the immediate vicinity of the bar.

DOCUMENTATION — Shall be no less than a letter from the business establishment’s accountant that identifies the source of sales that come from food, alcohol and other categories.

FULL-SERVICE BAR — A counter-like object with accessory seating for customers, over which fermented malt beverages, intoxicating liquors or wine are sold for consumption upon the premises. A service bar without accessory seating for customers shall not be considered a full-service bar.

FULL-SERVICE BAR AREA — The full-service bar and the area immediately adjacent to the full-service bar.

PRIVATE CLUB — Churches, religious, fraternal, youth and patriotic organizations, service clubs or civic organizations which prepare and service or sell meals to members and guests only. When a private club is open to the public, it does not meet this definition.

RESTAURANT — An establishment as defined in Sec. 254.61(5), Wisconsin Statutes.

REVIEW COMMITTEE — Consists of the Village Board.

ROOM — A space within a building completely enclosed with walls, partitions, floor and ceiling, except for openings for light, ventilation, ingress and egress.

SEPARATELY VENTILATED — That the area is ventilated so that there is a negative air pressure in the designated smoking area.

SERVICE BAR — An area without accessory seating for customers, at which fermented malt beverages or intoxicating liquors are prepared for service with meals.

SMOKING — To smoke or carry a lighted pipe, cigar, cigarette or tobacco-related product in any form.

§ 153-3.  Unlawful smoking.
Except as provided in § 153-4 below or any other provision of the Code, it shall be unlawful for any person to smoke tobacco products in all enclosed, indoor areas of restaurants.

§ 153-4.  Exceptions.
The following are exceptions to § 153-3:

1. Full-service bar area and accessory seating.
2. The owner or proprietor may designate a smoking room which is separately ventilated from each and every other area of the establishment.
3. Restaurants.
   1. Restaurants whose sale of alcoholic beverages account for more than 50% compared to the sale of food for the most recent alcohol licensing year shall comply with Sec. 101.123, Wisconsin Statutes, the Clean Indoor Air Act.
   2. Upon request of the Chief of Police or the Village Clerk’s office, owners of restaurants shall provide the necessary documentation to the Review Committee to apply for exception under 153-4C(1).
4. Private clubs. Private clubs shall provide a nonsmoking section for customers and otherwise comply with Sec. 101.123, Wisconsin Statutes, the Clean Indoor Air Act.

§ 153-5.  Signs.

1. Signs prohibiting, prohibiting except in designated areas, or permitting smoking, as the case may be, shall be posted conspicuously at every entrance and in prominent locations throughout the premises by the proprietor or other person in charge of each building, structure or public place. Signs shall contain a reference that regulation is by ordinance, such as “No Smoking – Village Ordinance No.,” “Smoking Prohibited by Village Ordinance Except in Designated Areas,” or equivalent. The proprietor or other persons in charge of premises regulated hereunder shall further make reasonable efforts to prevent smoking in prohibited areas by:
   1. Approaching smokers who fail to voluntarily comply with this section and request that they extinguish their smoke and to refrain from smoking upon witnessing the same or upon request of any person.
   2. Any other means which may be deemed appropriate by said proprietor, including refusal of service to anyone smoking in a prohibited public area.
2. Restaurants shall post, in a conspicuous place at each entrance normally used by the public, a sign not smaller than 11 inches by 8 1/2 inches indicating whether they are smoke-free. Each sign shall contain a nonemergency number for the Village Police Department.
3. It shall be unlawful for any person to remove, deface, or destroy any legally required “No Smoking” sign or to smoke in any place where any such sign is posted.
4. It shall be the duty of the Director of Inspections or designee, and/or the Chief of Police or designee, and they shall have the power, whenever they may deem it necessary, to enter upon the premises described in this section to ascertain whether signs required are posted and to order the posting of such signs where required. A compliance time of not less than one week shall be granted. Upon failure to comply with such written or verbal order, a citation may be issued. This enforcement procedure shall be supplementary to any other remedies provided by law.

§ 153-6.  Violations and penalties.

1. Any owner or proprietor of any establishment who violates any provision of this chapter shall be required to forfeit not less than $10 nor more than $50, plus costs. Each day of violation shall constitute a separate violation.
2. Any customer of an establishment who violates any provision of this chapter for the first time shall be required to forfeit not less than $50 nor more than $100, plus costs. For a violation committed within 12 months of a previous violation, a customer shall be required to forfeit not less than $100 nor more than $200, plus costs.
3. Any person not designated in Subsections A and B above who violates any provision of this chapter for the first time shall be required to forfeit not less than $10 nor more than $50, plus costs. For a violation committed within 12 months of a previous violation, a person shall be required to forfeit not less than $25 nor more than $100, plus costs.

§ 153-7.  Severability.
The provisions of this chapter are severable. If any provision of this chapter is held to be invalid or unconstitutional or if the application of any provision of this chapter to any person or circumstance is held to be invalid or unconstitutional, such holding shall not affect the other provisions or applications of this chapter which can be given effect without the valid or unconstitutional provisions or applications. It is hereby declared to be the intent of the Village Board that this chapter would have been adopted had any invalid or unconstitutional provision or applications not been included herein.

§ 153-8.  Effective date.
This chapter shall take effect and be in force from and after October 1, 2002.