(A) Notwithstanding any other provision of this subchapter to the contrary, smoking shall not be prohibited in private clubs or private residences, unless used as a childcare, adult daycare, or healthcare facility. Employees of private clubs shall not be subject to the provisions of § 130.35
, and they are allowed to work where smoking in private clubs is permitted; and, they will not have standing to bring a private cause of action per § 130.42
(F).
(B) Notwithstanding any other provision of this subchapter, a business including but not limited to bars and restaurants may allow smoking in open air areas such as patios, yards and sidewalks adjacent to the business where business patrons gather so long as smoke is not allowed to enter the building through entrances, windows, ventilation systems and other means.
(Ord. 23-01-01, passed 2-8-23) Penalty, see § 130.99