<div class="chunk-title">Sec. 50-1. - Smoking prohibited in county buildings, on county grounds, or in county vehicles.</div>
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            <p class="incr0">
               (a)
               </p>
            		
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               <span class="ital">Authority.</span> This section is enacted pursuant to authority granted in said legislation titled
               "An Act To Prohibit Smoking In Certain Public Places And Certain Places Of Employment"
               and pursuant to authority contained in G.S. 130A-498 and the provisions of G.S. 153A-121
               as an exercise of the police power to protect, promote and preserve the public health,
               welfare and safety of individuals in county buildings, on county grounds, or in local
               vehicles.
               </p>
            		
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               (b)
               </p>
            		
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               <span class="ital">Definitions.</span> The following definitions apply to this section:
               </p>
            		
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               <span class="ital">Bar.</span> An establishment with a permit to sell alcoholic beverages pursuant to subdivision
               (1), (3), (5), or (10) of G.S. 18B-1001.
               </p>
            <p class="p0">
               <span class="ital">Cigar bar.</span> An establishment with a permit to sell alcoholic beverages pursuant to subdivision
               (1), (3), (5), or (10) of G.S. 18B-1001 that satisfies all of the following:
               
               <p class="incr1">
                  (1)
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                  Generates 60 percent or more of its quarterly gross revenue from the sale of alcoholic
                  beverages and 25 percent or more of its quarterly gross revenue from the sale of cigars;
                  </p>
               		
               
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                  (2)
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                  Has a humidor on the premises; and
                  </p>
               		
               
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                  (3)
                  </p>
               		
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                  Does not allow individuals under the age of 21 to enter the premises. Revenue generated
                  from other tobacco sales, including cigarette vending machines, shall not be used
                  to determine whether an establishment satisfies the definition of cigar bar.
                  </p>
               		
               
            <p class="p0">
               <span class="ital">Employee.</span> A person who is employed by an employer, or who contracts with an employer or third
               person to perform services for an employer, or who otherwise performs services for
               an employer with or without compensation.
               </p>
            <p class="p0">
               <span class="ital">Employer.</span> An individual person, business, association, political subdivision, or other public
               or private entity, including a nonprofit entity, that employs or contracts for or
               accepts the provision of services from one or more employees.
               </p>
            <p class="p0">
               <span class="ital">Enclosed area.</span> An area with a roof or other overhead covering of any kind and walls or side coverings
               of any kind, regardless of the presence of openings for ingress and egress, on all
               sides or on all sides but one.
               </p>
            <p class="p0">
               <span class="ital">Grounds.</span> An unenclosed area owned, leased, or occupied by state or local government.
               </p>
            <p class="p0">
               <span class="ital">Local government.</span> A local political subdivision of this state, an airport authority, or an authority
               or body created by an ordinance, joint resolution, or rules of any such entity. As
               used in this section, "local government" shall be Buncombe County and any reference
               contained herein to "local government" shall be deemed to mean "Buncombe County."
               </p>
            <p class="p0">
               <span class="ital">Local government building.</span> A building owned, leased as lessor, or the area leased as lessee and occupied by
               the county. As used in this section, "local government building" shall be Buncombe
               County building and any reference contained herein to "local government building"
               shall be deemed to mean "Buncombe County building."
               </p>
            <p class="p0">
               <span class="ital">Lodging establishment.</span> An establishment that provides lodging for pay to the public.
               </p>
            <p class="p0">
               <span class="ital">Local vehicle.</span> A passenger-carrying vehicle owned, leased, or otherwise controlled by the county
               and assigned permanently or temporarily by the county to county employees, agencies,
               institutions, or facilities for official county business.
               </p>
            <p class="p0">
               <span class="ital">Private club.</span> A country club or an organization that maintains selective members, is operated by
               the membership, does not provide food or lodging for pay to anyone who is not a member
               or a member's guest, and is either incorporated as a nonprofit corporation in accordance
               with G.S. Ch. 55A or is exempt from federal income tax under the Internal Revenue
               Code as defined in G.S. 105-130.2(1). For the purposes of this article, private club
               includes country club.
               </p>
            <p class="p0">
               <span class="ital">Private residence.</span> A private dwelling that is not a child care facility, as defined in G.S. 110-86(3),
               and not a long-term care facility, as defined in G.S. 131E114.3(a)(1).
               </p>
            <p class="p0">
               <span class="ital">Private vehicle.</span> A privately owned vehicle that is not used for commercial or employment purposes.
               </p>
            <p class="p0">
               <span class="ital">Public place.</span> An enclosed area to which the public is invited or in which the public is permitted.
               </p>
            <p class="p0">
               <span class="ital">Restaurant.</span> A food and lodging establishment that prepares and serves drink or food as regulated
               by the commission pursuant to Part 6 of<a href="" data-chunk-id="COOR_CH78ZO_ARTVIBUCOZOOR_DIV8AM" class="section-link" data-product-id="12776"> Article 8</a> of this Chapter.
               </p>
            <p class="p0">
               <span class="ital">Smoking.</span> The use or possession of a lighted cigarette, lighted cigar, lighted pipe, or any
               other lighted tobacco product.
               </p>
            <p class="p0">
               <span class="ital">State government.</span> The political unit for the State of North Carolina, including all agencies of the
               executive, judicial, and legislative branches of government.
               </p>
            <p class="p0">
               <span class="ital">State government building.</span> A building owned, leased as lessor, or the area leased as lessee and occupied by
               state government.
               </p>
            <p class="p0">
               <span class="ital">State vehicle.</span> A passenger-carrying vehicle owned, leased, or otherwise controlled by the state
               and-assigned permanently or temporarily to a state employee or state agency or institution
               for official state business.
               </p>
            <p class="p0">
               <span class="ital">Tobacco shop.</span> A business establishment, the main purpose of which is the sale of tobacco. tobacco
               products, and accessories for such products, that receives no less than 75 percent
               of its total annual revenues from the sale of tobacco, tobacco products, and accessories
               for such products, and does not serve food or alcohol on its premises.
               </p>
            <p class="incr0">
               (c)
               </p>
            		
            <p class="content1">
               <span class="ital">Smoking prohibited.</span> No person shall smoke, carry or possess a lighted cigar, cigarette, pipe or other
               lighted smoking equipment or paraphernalia in any Buncombe County buildings, on Buncombe
               County grounds, or in Buncombe County vehicles.
               </p>
            		
            <p class="incr0">
               (d)
               </p>
            		
            <p class="content1">
               <span class="ital">No smoking signs and instructions.</span> The individual in charge of county buildings, county grounds, or county vehicles
               or the individual's designee shall post signs in conspicuous areas of the building.
               The signs shall state that "smoking is prohibited" and may include the international
               "No Smoking" symbol, which consists of a pictorial representation of a burning cigarette
               enclosed in a red circle with a red bar across it. In addition, the individual in
               charge of the building or the individual's designee shall direct a person who is smoking
               inside the building, or on the grounds, or in a vehicle, or in public places to extinguish
               the lighted smoking product.
               </p>
            		
            <p class="incr0">
               (e)
               </p>
            		
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               <span class="ital">Exceptions.</span> This article does not restrict or prohibit smoking in the following places:
               </p>
            		
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               (1)
               </p>
            		
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               A private residence.
               </p>
            		
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               (2)
               </p>
            		
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               A private vehicle.
               </p>
            		
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               (3)
               </p>
            		
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               A tobacco shop if smoke from the business does not migrate into an enclosed area where
               smoking is prohibited pursuant to this section. A tobacco shop that begins operation
               after July 1, 2009, may only allow smoking if it is located in a freestanding structure
               occupied solely by the tobacco shop and smoke from the shop does not migrate into
               an enclosed area where smoking is prohibited pursuant to this section.
               </p>
            		
            <p class="incr1">
               (4)
               </p>
            		
            <p class="content2">
               All of the premises, facilities, and vehicles owned, operated, or leased by any tobacco
               product processor or manufacturer, or any tobacco leaf grower, processor, or dealer.
               </p>
            		
            <p class="incr1">
               (5)
               </p>
            		
            <p class="content2">
               A Designated smoking guest room in a lodging establishment. No greater than 20 percent
               of a lodging establishment's guest rooms may be designated smoking guest rooms.
               </p>
            		
            <p class="incr1">
               (6)
               </p>
            		
            <p class="content2">
               A cigar bar is smoke from the cigar bar does not migrate into an enclosed area where
               smoking is prohibited pursuant to the article. A cigar bar that begins operation after
               July 1, 2009, may only allow smoking if it is located in a freestanding structure
               occupied solely by the cigar bar and smoke from the cigar bar must satisfactorily
               report on a quarterly basis to the department, on a form prescribed by the department,
               the revenue generated from the sale of alcoholic beverages and cigars as a percentage
               of quarterly gross revenue. The department shall determine whether any additional
               documentation is required of the cigar bar to authenticate or verify revenue data
               submitted by the cigar bar. This subdivision shall not apply to any business that
               is established for the purpose of avoiding compliance with the article.
               </p>
            		
            <p class="incr1">
               (7)
               </p>
            		
            <p class="content2">
               A private club.
               </p>
            		
            <p class="incr1">
               (8)
               </p>
            		
            <p class="content2">
               A motion picture, television, theater, or other live production set. This exemption
               applies only to the actor or performer portraying the use of tobacco products during
               the production.
               </p>
            		
            <p class="incr0">
               (f)
               </p>
            		
            <p class="content1">
               <span class="ital">Penalty for violation of section.</span> Any person violating the provisions of this section shall be responsible for an infraction,
               and the person committing the infraction may be punished by a fine of not more than
               $50.00. Conviction of an infraction under this section has no consequence other than
               payment of a penalty. A person smoking in violation of a local ordinance or other
               rules, laws, or policies adopted under this section may not be assessed court costs.
               </p>
            		
            <p class="historynote0">
               (Ord. No. 20189, Â§ 6, 5-1-93; Mo. of 5-18-93; Ord. No. 09-08-04l, Â§ 1, 8-4-09)
               </p>
            <p class="refcross0" block_type="hang"><b>Cross referenceâ€” </b>
               Buildings and building regulations,<a href="" data-chunk-id="COOR_CH10BUBURE" class="section-link" data-product-id="12776"> ch. 10</a>; air pollution,<a href="" data-chunk-id="COOR_CH26EN_ARTIIAIPOCO_DIV1GE_S26-26AUAR" class="section-link" data-product-id="12776"> Â§ 26-26</a> et seq.
               </p>
            <p class="refstatelaw0" block_type="hang"><b>State Law referenceâ€” </b>
               Authority to regulate smoking in county owned or occupied buildings, G.S. 143-601.
               </p></div>