§ 12.81  PROHIBITIONS.
   (a)   Except as provided in subsection (c) below, no person shall smoke in and , including outdoor and areas of . The of an outdoor dining area or outdoor area of a may designate for up to 50% of the outdoor seating capacity of the provided this location is appropriately signed as a area. sampling within a products shop as defined by M.S. § 144.4167, subd. 4, as it may be amended from time to time, is specifically prohibited in the city. Sampling of including products used in is also prohibited.
   (b)   To ensure that smoke or vapor do not enter and and that persons entering such places are not exposed involuntarily to smoke or vapor, and the use of are prohibited within 25 feet of entrances, exits, open windows and ventilation intakes of and . This prohibition does not apply to entrances and exits that are used solely in the event of an emergency and are appropriately signed for that purpose.
   (c)   The prohibitions of this section do not apply to:
      (1)   Private residences. However, an area in which work is performed in a private is a during hours of operation and subject to the prohibition in this section if: (i) The homeowner uses the area exclusively and regularly as a principal place of business and has one or more on-site employees; or (ii) The homeowner uses the area exclusively and regularly as a place to meet or deal with patients, clients or customers in the normal course of the homeowner’s trade or business.
      (2)   Motor vehicles. However, motor vehicles used in whole or in part for work purposes are during hours of operation if more than one person is present and are subject to the prohibition in this section.
      (3)   The use of as part of a traditional Indian spiritual or cultural ceremony;
      (4)   Sleeping rooms of hotels and motels which are rented to guests;
      (5)    shelters. shelters must comply with the performance standards for accessory buildings set forth in § 21.301.09 of the city code; provided that the maximum size of shelters shall be 200 square feet and shelters may be located in side yards.
          shelters must be detached from principal buildings, be located more than 25 feet from entrances, exits, open windows and ventilation intakes of and and be no more than 50% enclosed at any time. The percentage of enclosure is calculated based on the elevation area below the roof of all elevations. For calculation purposes, screens are not considered to be enclosures but louvers, windows and other solid materials qualify as enclosures. Consumption and service of food and alcoholic and nonalcoholic beverages is prohibited in shelters. A may apply for a variance to the 25-foot distance requirement or maximum size requirement for shelters in accordance with § 2.85.04 of the city code.
      (6)   Scientific study participants: by participants in peer reviewed scientific studies related to health effects of may be allowed in a separated room ventilated at a rate of 60 cubic feet per minute per person pursuant to a policy that is approved by the State Commissioner of Health and is established by the administrator of the program to minimize the exposure of nonsmokers to smoke; and
      (7)   Health care facilities: a patient or resident in a nursing home, boarding care facility or licensed residential facility for adults may smoke in a designated separate, enclosed room maintained in accordance with applicable state and federal laws.
(Ord. 84-26, passed 6-4-1984; recodified by Ord. 98-53, passed 11-16-1998; added by Ord. 2004-34, passed 7-19-2004; Ord. 2005-55, passed 12-19-2005; Ord. 2007-34, passed 10-8-2007; Ord. 2011-11, passed 4-4-2011; Ord. 2014-17, passed 11-17-2014; Ord. 2015-15, passed 5-18-2015; Ord. 2017-15, passed 5-22-2017)