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<br />1 <br />2 <br />3 <br />4 <br />5 <br />6 <br />7 <br />8 <br />9 <br />10 <br />11 <br />12 <br />13 <br />""'14 <br />15 <br />16 <br />17 <br />18 <br />19 <br />20 <br />21 <br />22 <br />~3 <br />24 <br />25 <br />26 <br />27 <br />28 <br />29 <br />30 <br />31 <br />32 <br />33 <br />34 <br />35 <br />36 <br />37 <br />38 <br />39 <br />40 <br />41 <br />42 <br />43 <br />14 <br />.5 <br />46 <br />47 <br /> <br />(b) Ensure that ashtrays, lighters, and matchbooks are not provided in any area <br />where smoking is prohibited; and <br /> <br />(c) Ask any person who smokes in an area where smoking is prohibited to refrain <br />from smoking and, if the person does not refrain from smoking after being <br />asked to do so, ask the person to leave. <br /> <br />@ If there is a Smoking: Room. make and enforce the conditions of the Smokin 2: <br />Room as reauired in Section 238.03 herein. <br /> <br />Sec. 238.05 Additional Private Prohibitions. <br /> <br />Nothing in this ordinance prevents the proprietor or other person in charge of any place, <br />incl uding, wi thout limitation, any outdoor space, from prohibiting smoking in any such place. <br /> <br />Sec. 238.06 Retaliation j7r:)hibited. <br /> <br />No person or employer shall discharge, refuse to hire, or in any manner retaliate against, any <br />employee, applicant for employment, or customer because the employee, applicant or <br />customer exercises any right to a smoke-free environment afforded by this ordinance or other <br />law. <br /> <br />Sec. 238.07 Employee's Rights Preserved. <br /> <br />An employee who consents to work in a setting where an employer allows smobng does not <br />waive or otherwise sUITender any legal rights the employee may have against the employer <br />or any other party. <br /> <br />Sec. 238.08 Other Applicable Lmvs. <br /> <br />This ordinance is intended to complement and go beyond the Minnesota Clean Indoor Air <br />Act, Minnesota Statutes SS144.411 to 144.417, as amended from time to time. Nothing in <br />this ordinance authorizes smokingin any location where smoking is prohibited or restricted <br />by other laws. <br /> <br />Sec. 238.09. Violation and Penalties. <br /> <br />(a) Proprietors. It is a violation of this ordinance for the proprietor to fail to <br />comply with the requirements of section 238.04, or to retaliate against an <br />employee, applicant for employment or customer, as prohibited by sectioJ'J <br />238.06. <br /> <br />(b) Penalties. Failure to comply with the requirement of this ordinance shall be <br />a basis for adverse action under Saint Paul Legislative Code S310.06(b)(7). <br /> <br />(c) A licensee who violates any provision of this ordinance shall be punished by <br />a fine of not to exceed $300. A licensee who violates any provision of this <br /> <br />Page 5 of 6 <br />