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 Memphis
 Code of Ordinances
 Title 9. HEALTH AND SAFETY
 Chapter 9-88. SMOKING

  § 9-88-2. Areas where smoking is prohibited.  

Latest version.

  • Smoking in certain enclosed areas has been determined to be injurious to human health, to constitute a source annoyance and discomfort to nonsmokers, and to be a public nuisance. Therefore:

    A.

    Smoking shall be unlawful and prohibited in:

    1.

    All public elevators;

    2.

    All Memphis Area Transit Authority buses;

    3.

    The Mid-South Coliseum Arena (but allowed in the concourses and lobbies);

    4.

    Dixon-Myers Hall, the Auditorium South Hall, and the Auditorium stage area (but allowed in the lobbies of such facilities);

    5.

    All rooms in the Cook Convention Center designated by its management as nonsmoking meeting rooms;

    6.

    Any theater, hall, hotel, public building, store, warehouse, factory, or on the premises of any establishment, public conveyance or anywhere that smoking is dangerous, provided signs of a suitable size are posted in such places where they can be seen;

    7.

    All publicly or privately owned restaurants or other eating establishments, as defined herein, except that this prohibition shall not apply to any such eating establishment which maintains a nonsmoking area adequate to meet demand and which informs all patrons that a nonsmoking area is provided. At the request of the patron, the patron shall be seated in the nonsmoking area. This prohibition shall not apply to any rooms while being used for private functions. Notwithstanding the provisions of this subdivision, any owner or person in charge of a business activity governed may designate the restaurant as a nonsmoking area in its entirety;

    8.

    All enclosed areas open to the public in any shopping area of a retail merchandising store, including grocery stores, having more than five employees; however, nothing herein shall prevent areas other than shopping areas from being established for smoking and nonsmoking employees and/or patrons by posting proper signs.

    B.

    Nonsmoking areas shall be designated by the person in charge of all hospital lobbies and waiting rooms. After such designation, smoking is unlawful and prohibited in such areas.

    Both the places described in subsection A of this section and the areas designated as nonsmoking areas pursuant to subsection B of this section shall henceforth be referred to as "nonsmoking areas."

(Code 1967, §§ 17-13, 22-61; Code 1985, § 20-25(b); Ord. No. 2852, § 1, 4-3-1979; Ord. No. 3517, § 1(1)—(4), 2-11-1986)