This chapter does not apply to:
(A) A private residence, except when used as child care, adult day care or health care facility;
(B) A retail tobacco store;
(C) A retail electronic cigarette store;
(D) Before June 17, 2016, a public place that was a bar;
(E) Hotel and motel rooms that are rented to guests and are designated as smoking rooms; provided, however, that not more than 20% of rooms rented to guests in a hotel or motel may be designated as smoking rooms. All smoking rooms must be on the same floor, must be contiguous and must be clearly marked as smoking rooms. Nonsmoking rooms must also be clearly marked as nonsmoking rooms. Smoke must not infiltrate into any area where smoking is otherwise prohibited under this chapter. The status of rooms as smoking or nonsmoking may not be changed, except to use a designated smoking room as a nonsmoking room. Smoking is prohibited in all common areas of the hotel or motel, including the hallways adjacent to smoking rooms.
(F) Buildings or portions of buildings owned by fraternal organizations (as that term is defined by Sec. 32.11 Texas Alcoholic Beverage Code) that received the certificate of occupancy prior to July 1, 2015 and are used solely for the use of their members.
(Ord. 882, passed 7-20-15)