§ 99.08 WHERE SMOKING IS NOT REGULATED.

   Notwithstanding any other provision of this chapter to the contrary, the following areas shall be exempt from the provisions of §§ 99.04 and 99.05:

   (A)   Private residences except when used as a licensed childcare, adult day care or health care facility.

   (B)   Hotel and motel rooms that are rented to guests and are designated as smoking rooms. This does not include those public areas of the hotel and motel including, lobbies, restaurants and meeting rooms.

   (C)   Retail tobacco stores, provided that smoke from these premises does not infiltrate into areas where smoking is prohibited under the provisions of this chapter.

   (D)   Private clubs, provided that those areas of such clubs used as restaurants or other for functions open to the public are not exempted and the prohibitions set out in §§ 99.04 and 99.05 shall apply.

   (E)   Outdoor areas of places of employment except those covered by the provisions of §§ 99.06 and 99.07.

   (F)   Private functions at otherwise regulated locations, provided that smoke from these premises does not infiltrate into areas where smoking is prohibited under the provisions of this chapter.

   (G)   Solely as to electronic or vapor devices that emit smoke or vapor in any manner or form, retail vapor stores, provided that vapor or smoke from these premises does not infiltrate into areas where smoking is prohibited under the provisions of this chapter.

(Ord. 105, passed 8-24-06; Am. Ord. 8-2016, passed 1-28-16)