Can a proprietor sub-divide a patio with a wall and a separate entrance and allow smoking on the section that does not have a “roof”?
No. Patios cannot be subdivided – wall or no wall, food or no food – to allow for smoking and non-smoking sections. If there is a roof or any part of a roof, the patio is to be smoke free. This includes the entire patio, even if it is large and has different levels. However; owners can decide to put dead space under awning (for all intents and purposes the awning area is taken out of service) and allow smoking on the rest of the patio. Also, workers can work under the roof (e.g. can have a bar under the awning) provided no patrons are allowed under the roofed area. A physical barrier for patrons is the preferred option. Ample “No Smoking” signs should be posted clearly along the area that is covered by a roof (e.g. dead space).
