The bar area is a separate room within the structure housing the primary restaurant facility. Minors are not permitted in the bar area but are permitted in the restaurant proper. Although it is a separate room with floor to ceiling walls, the bar is not fully enclosed in that closed doors separate access to the other areas of the restaurant. A City inspection officer cited Guesthouse for permitting smoking in the bar area.
Guesthouse concedes that it is a restaurant as defined.
Furthermore, the evidence established that food for on-premises consumption is served in the bar area of the restaurant, as well as in the restaurant area proper. See footnote claiming that in the bar area of the restaurant, where the alleged violation here took place, smoking is not prohibited. No restaurant covered by this ordinance shall be designated a smoking area in its entirety. It is strongly encouraged but not mandated in existing restaurants and particularly new restaurants that wish to have an area where smoking is not regulated to have a separate ventilation system in this area whereby the air from the enclosed area is immediately exhausted to the outside in such a way as to prevent reintroduction of smoke into any smoke-free area. Accordingly, in order to gain reversal, Guesthouse must establish that it falls within the scope of the first exception.