SUBSTITUTE ORDINANCE NO. SO98-1176

FAILED 05/19/1998

SUBSTITUTE ORDINANCE NO. O98-1176

A SUBSTITUTE ORDINANCE AMENDING SECTIONS 10.18.010 AND 10.18.020 OF THE METROPOLITAN CODE OF LAWS REGARDING SMOKING AT FACILITIES OWNED OR CONTROLLED BY THE SPORTS AUTHORITY.

WHEREAS, Section 10.18.020 of the Metropolitan Code of Laws provides that smoking shall be prohibited in metropolitan government buildings except as provided in that section; and

WHEREAS, permitting smoking in certain areas of the arena and the stadium owned or controlled by The Sports Authority of The Metropolitan Government of Nashville and Davidson County (the "Sports Authority") is appropriate when specifically approved by the Sports Authority.

NOW THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY:

SECTION 1. Section 10.18.010 of the Metropolitan Code of Laws is hereby amended as follows:

A. By inserting the following as an unnumbered paragraph at the end of the definition of "Metropolitan government buildings":

"Metropolitan government building" also means any arena or stadium owned or controlled by the Sports Authority.

B. By adding the following definition:

"Sports Authority" means The Sports Authority of the Metropolitan Government of Nashville and Davidson County.

SECTION 2. Section 10.18.020 of the Metropolitan Code of Laws is hereby amended by deleting the existing language and substituting instead the following:

10.18.020 Smoking prohibition.

A. Smoking is prohibited inside all metropolitan government buildings except as provided herein.

B. Smoking may be permitted by employees and officials or visitors only in totally enclosed rooms which are adequately ventilated to expel secondhand smoke or are equipped with mechanical devices to provide smoke removal which do not expose nonsmokers to any smoke as certified by the department of general services; provided, however, smoking shall not be permitted in any restroom facility.

C. The Sports Authority, in its discretion, may permit smoking: (1) in areas of arenas and stadiums owned or controlled by the Sports Authority which are not accessible to the general public; (2) in enclosed areas of arenas and stadiums owned or controlled by the Sports Authority that are specifically designated as smoking areas; (3) in enclosed restaurants, bars, suites or other similar areas located in arenas and stadiums owned or controlled by the Sports Authority; (4) in the portion of an arena or stadium owned or controlled by the Sports Authority utilized for an event that is closed to members of the general public (private events). The Sports Authority shall not permit smoking at any private event on the arena floor or in the open seating areas of arenas and stadiums owned or controlled by the Sports Authority.

SECTION 3. This Ordinance shall take effect from and after its passage, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it.