§ 14.2-1. Unlawful where.

It is unlawful for anyone to smoke in any of the following places in Isle of Wight County, Virginia:

(a)

Elevators, regardless of capacity, except in any open material hoist elevator not intended for use by the general public;

(b)

Common areas in an educational facility, including, but not limited to, classrooms, hallways, auditoriums, and public meeting rooms;

(c)

Any part of a restaurant, except that smoking may be permitted:

(1)

In any place or operation that prepares or stores food for distribution to persons of the same business operation or of a related business operation for service to the public;

(2)

Any outdoor area of a restaurant, with or without roof covering, at such times when such outdoor area is not enclosed in whole or in part by any screened walls, roll-up doors, windows or other seasonal or temporary enclosures;

(3)

Any restaurant located on the premises of any manufacturer of tobacco products;

(4)

Any portion of a restaurant that is used exclusively for private functions, provided such functions are limited to those portions of the restaurant that meet the requirements of subdivision (5);

(5)

Any portion of a restaurant that is constructed in such a manner that the area where smoking may be permitted is:

(i)

Structurally separated from the portion of the restaurant in which smoking is prohibited and to which ingress and egress is through a door; and

(ii)

Separately vented to prevent recirculation of air from such area to the area of the restaurant where smoking is prohibited; and

(6)

Any private club;

(d)

Public school buses;

(e)

The interior of any public elementary, intermediate, and secondary school;

(f)

Hospital emergency rooms;

(g)

Local or district health departments;

(h)

Polling rooms;

(i)

Indoor service lines and cashier lines;

(j)

Public restrooms in any building owned or leased by the Commonwealth or any agency thereof;

(k)

The interior of a child day center licensed pursuant to Section 63.2-1701 of the Code of Virginia (1950, as amended) that is not also used for residential purposes; however, this prohibition shall not apply to any area of a building not utilized by a child day center, unless otherwise prohibited by other applicable provisions of law;

(l)

Public restrooms of health care facilities. (2-22-96; 5-27-10, § 1; Ord. No. 2010-8-C, 5-27-10.)