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] <br />� <br />� <br />� <br />5 <br />.� <br />� <br />� <br />L� <br />L] <br />l� <br />L3 <br />1� <br />]� <br />�� <br />I� <br />E$ <br />�� <br />�� <br />�l <br />2� <br />�3 <br />�� <br />�� <br />�� <br />�� <br />�$ <br />�� <br />3� <br />3L <br />3� <br />33 <br />3� <br />�� <br />3�r <br />�� <br />�� <br />3� <br />�� <br />�] <br />�� <br />�� <br />� <br />�� <br />�� <br />s, <br />(b) Ensure that ashtrays, lighters, and matchbooks are not provided in <br />any area where smoking is prohibited; and <br />(c) Ask any person who smokes in an area where smoking is <br />prohibited to refrain from smoking and, if the person does not <br />refrain from smoking after being asked to do so, ask the person to <br />leave. <br />Sec. 238.05 Additional Private Prohibitions. <br />Nothing in this ordinance prevents the proprietor or other person in charge of any place, <br />including, without limitation, any outdoor space, from prohibiting smoking in any such <br />place. <br />Sec. 238.06 Retaliation Prohibited. <br />No person or employer shall discharge, refuse to hire, or in any manner retaliate <br />against, any employee, applicant for employment, or customer because the <br />employee, applicant or customer exercises any right to a smoke-fi-ee environment <br />afforded by this ordinance or other law. <br />Sec. 238.07 Employee's Rights Preserved. <br />An employee who consents to work in a setting where an employer allows <br />smoking does not waive or otherwise surrender any legal rights the employee <br />may have against the employer or any other party. <br />Sec. 238.08 Other Applicable Laws. <br />This ordinance is intended to complement and go beyond the Minnesota Clean <br />IndoorAirAct, MinnesotaStatutes §§ 144.411 to 144.417, as amendedfi-omtime <br />to time. Nothing in this ordinance authorizes smoking in any location where <br />smoking is prohibited or restricted by other laws. <br />Sec. 238.09. Violation and Penalties. <br />�a� Proprietors. It is a violation of this ordinance for the proprietor to <br />fail to comply with the requirements of section 238.04, or to <br />retaliate against an employee, applicant for employment or <br />customer, as prohibited by section 238.06. <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 §31�,���b��'�. <br />��� A licensee who violates any provision of this ordinance shall be <br />punished by a fine of not to exceed $300. A licensee who violates <br />any provision of this ordinance within one year after having been <br />Public Smoking ord finaldraft Thune 7-28-04.wpd ��� 4��' 6 <br />