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A. Enclosed Places. Smoking shall be prohibited in the following enclosed places within the city of San Luis Obispo, except in places listed in Section 8.16.050:

1. Public places;

2. Places of employment;

3. Multi-unit residence common areas;

4. Enclosed areas adjacent to an enclosed area in which smoking is prohibited by any other section of this code, state law, or federal law and that have a common or shared air space such as, without limitation, openings, cracks, air ventilation systems, doorways, hallways, and stairways. Notwithstanding any other provision, the fact that smoke enters one enclosed area from another enclosed area is conclusive proof that the areas share a common or shared air space;

5. Enclosed areas that have a common or shared ventilation, air conditioning or heating system with an enclosed area in which smoking is prohibited. Notwithstanding any other provision, the fact that smoke enters one enclosed area from another enclosed area is conclusive proof that the areas share a common or shared air space.

B. Unenclosed Places. Smoking shall be prohibited in the following unenclosed places within the city of San Luis Obispo:

1. Places of employment;

2. Service areas;

3. Public places including dining areas, except an unenclosed area of a bar that does not serve food. If smoking is permitted in the unenclosed area of a bar that does not serve food, the entire smoking section must be limited to one clearly designated area prominently marked with signs, and must be located at least five feet from any doorway or opening into an enclosed area. Smoking in an unenclosed area of a bar is only permitted provided the smoke does not enter adjacent areas in which smoking is prohibited by any law or by the owner, lessee or licensee of the adjacent property;

4. Multi-unit residence common areas;

5. Ticket, boarding, and waiting areas of transit centers, bus shelters and stops; and

6. The sites of public events including, for example, sports events, entertainment, speaking performances, ceremonies, pageants, and fairs.

C. No person shall dispose of smoking and tobacco materials, waste or debris within the boundaries of an area in which smoking and tobacco products are prohibited, including inside the perimeter of any reasonable distance required by this chapter.

D. Nothing in this chapter shall be interpreted to conflict with or regulate any area subject to exclusive regulation under existing state or federal law. (Ord. 1545 § 1 (part), 2010)