7-32-035  Exemptions.
   Notwithstanding any other provision of this chapter, smoking is allowed in the following areas:
   (1)   Private residences or dwelling places, except when used as a child care, adult day care, or healthcare facility or any other home-based business open to the public.
   (2)   Retail tobacco stores as defined in Section 010 of this chapter in operation prior to January 1, 2008. Any retail tobacco store that begins operation after January 1, 2008 may only qualify for an exemption if located in a freestanding structure occupied solely by the business and smoke from the business does not migrate into an enclosed area where smoking is prohibited. Notwithstanding any other provision in this subsection, the use of electronic cigarettes is allowed in any retail tobacco store.
   (3)   Hotel and motel sleeping rooms that are rented to guests and are designated as smoking rooms, provided that all smoking rooms on the same floor must be contiguous and smoke from these rooms must not infiltrate into nonsmoking rooms or other areas where smoking is prohibited. Not more than 25% of the rooms rented to guests in a hotel or motel may be designated as rooms where smoking is allowed. The status of rooms as smoking or nonsmoking may not be changed, except to permanently add additional nonsmoking rooms.
   In addition, theatre actors shall be allowed to use nicotine-free electronic cigarettes within performance spaces.
(Added Coun. J. 2-6-08, p. 20615, § 1; Amend Coun. J. 1-15-14, p. 73351, § 5)