(A) Notwithstanding the smoking prohibitions in § 153.72, smoking will be permitted in the following locations:
(1) 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 under the provisions of this subchapter. The status of rooms as smoking or non-smoking shall not be changed, except to add additional nonsmoking rooms and in any case may not exceed 20% of available rooms;
(2) Retail tobacco stores;
(3) Private clubs;
(4) Halls, rooms or assembly areas owned or operated by a church, synagogue, or other place of worship if smoking is part of a religious ceremony or an essential part of the religious tenets;
(5) Outdoor areas of a golf course, not to include miniature golf courses;
(6) Private motor vehicles;
(7) Private residences except when used as a child care, adult day care or health care facility;
(8) Outdoor areas of employment.
(9) Cigar bars. An establishment that is owned or leased by a business that meets the following requirements:
(a) The business prohibits entry by an individual who is less than 21 years of age.
(b) The owner or operator of the business holds a beer, liquor, or wine retailer's permit.
(c) The business limits smoking in the establishment to cigar smoking.
(d) During the preceding calendar year, at least 10% of the business's annual gross income was from the sale of cigars and the rental of onsite humidors.
(e) The person in charge of the business posts in the establishment conspicuous signs that display the message that cigarette smoking is prohibited.
(f) The sale of prepared foods for on-premises consumption is prohibited.
(B) This subchapter shall allow a one-time, 12-month extension for compliance for those bars that only admit patrons aged 21 years and older. No establishments with separate family dining facilities will be eligible for this extension. In order to qualify for this extension, the bar must file an application for a certificate of extension with the enforcement authority not later than 30 days after the effective date of this subchapter. The extension shall be for a period of one calendar year from the effective date of this subchapter. Any establishment granted such an extension must clearly post notices of that the extension is in effect at all public entrances to the establishment. Only establishments currently in operation as of the effective date of this subchapter are eligible for this extension.
(C) Notwithstanding any other provision herein, smoking shall not be allowed in any area if the smoke from smoking is allowed to enter, either directly or indirectly, any other area where smoking is prohibited under this subchapter.
(D) No person or entity shall discharge, refuse to hire or retaliate in any manner against an employee, applicant for employment, or customer because of any attempt to enforce the provisions of this subchapter by such employee, applicant or customer.
(Ord. 5102, passed 4-3-2008; Am. Ord. 5878, passed 11-1-2021)