The prohibitions against smoking contained herein shall not apply to the following places:
(1) To any facility including, but not limited to, restaurants, hotel, and motel conference or meeting rooms, and public and private assembly rooms in which one or more private functions are being held and which are under the control of the sponsor of the function and not the owner or operator of the facility, so long as the area being used for the private function qualifies as a designated smoking area;
(2) To performing arts venues, but only by a performer participating in a theatrical performance;
(3) To a bar or cocktail lounge, as defined by the zoning ordinance of the city;
(4) To a retail tobacco store or retail electronic vaping store; however, this exception shall not apply to an establishment that shares a common HVAC system with any other tenant in the same building in which the retail tobacco store or retail electronic vaping store is located;
(5) To private clubs, which are owned by their members;
(6) To private residences, except when used as a childcare, adult day care, health care facility, or other place of employment;
(7) To personal automobiles;
(8) To designated smoking hotel and motel rooms rented to guests provided that designated smoking rooms on the same floor are contiguous and smoke from these rooms do not infiltrate into areas where smoking is prohibited under this division;
(9) To outdoor areas or outdoor places of employment;
(10) To an outdoor dining area that is at least 20 feet from, or separately walled from, gatherings of nonsmokers and which does not require employees or members of the public to walk through it upon entering the restaurant and which is properly posted with signage;
(11) To restaurants, places of employment, or public places where it is not otherwise prohibited to designate a smoking area. It shall be a requirement for the application of this subsection that the restaurant, public place, or place of employment has designated smoking areas, has complied with all requirements for the establishment of a designated smoking area, as provided in this division, and has petitioned the city for, and been granted, a permit to allow smoking. A proprietor or person in charge of a restaurant, public place or place of employment who desires to permit smoking shall designate an area not to exceed 30 percent of the allowable area as the smoking area. The proprietor or person in charge shall locate the designated smoking area so that nonsmokers shall not have to travel through the smoking area to get to the cashier, a restroom, or nonsmoking area. A proprietor or person in charge shall file a petition with the police department demonstrating proof of the percentage of the allowable area designated as a smoking area; the petition shall be filed not later than 90 days after the effective date of the ordinance from which this division is derived, and annually thereafter. Notwithstanding any other provision of this section, any owner, operator, manager or other person who controls any establishment described in this section may declare that entire establishment as a nonsmoking establishment.
(Prior Code, § 13-183; Ord. of 12-21-1992; Ord. of 9-12-2006; Ord. of 3-24-2015)