Notwithstanding any other provision of this chapter to the contrary, smoking is allowed in the following areas:
(A) Private residences or dwelling places, except when used as a childcare, adult daycare, or healthcare facility or any other home based business open to the public.
(B) Any public place or place of employment that is a tobacco dealer, whose principal business is the sale at retail of tobacco and tobacco related products; provided that smoke generated by smoking on the premises of the tobacco dealer does not infiltrate into enclosed areas where smoking is otherwise prohibited; and no food or liquor license has been granted.
(C) Private and semiprivate rooms in nursing homes and long term care facilities that are occupied by one or more persons, all of whom are smokers and have requested in writing to be placed or to remain in a room where smoking is permitted and the smoke shall not infiltrate other areas of the nursing home.
(D) Hotel and motel 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. No more than twenty five percent (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.
(E) Private vehicles, not including public transportation facilities or government vehicles. (Ord. 674, 6-9-2010)