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2008 SESSION
084050540Be it enacted by the General Assembly of Virginia:
1. That § 15.2-2807 of the Code of Virginia is amended and reenacted as follows:
§ 15.2-2807. Chapter's application to certain ordinances.
Ordinances A. Unless
specifically permitted by this chapter, ordinances adopted after
January 1, 1990, shall not contain provisions or standards which exceed those
established in this chapter. However, any ordinance may provide that employers
may regulate smoking in the private work place as they deem appropriate under
the following circumstances: (i) if the designation of smoking and no-smoking
areas is the subject of a written agreement between the employer and his
employees, the provisions of the written agreement shall control such
designation and (ii) a total ban on smoking in any work place shall only be
enforced by the employer upon an affirmative vote of a majority of the affected
employees voting, unless such ban is the subject of a contract of employment
between the employer and the employees as a prior condition of employment. No
such ordinance shall affect no-smoking policies established by employers prior
to the adoption of such ordinance.
B. Any ordinance adopted by a city having a population of 200,000 or more, according to the most recent Weldon Cooper Center estimate, may contain provisions or standards related to smoking in restaurants that exceed those established in this chapter.
For the purposes of this section, "restaurant" means any enclosed eating establishment, including, but not limited to, fast food enterprises, coffee shops, cafeterias, and other entities licensed as such by the Board of Health, including bar or lounge areas. Open-air eating areas such as food carts shall not be included in this definition.