The following are exceptions to the regulations in this article:
(a) Places, gatherings or functions which are not open to the public, or any portion of any public place which is not open to the public.
(b) Places which are not enclosed.
(c) Any activity done by a performer; "performer" means any person engaged in a formal artistic exhibition before an audience, such as a play, dance or musical program.
(d) Establishments in which malt, vinous and/or spirituous liquors are sold for consumption on the premises pursuant to a license other than an arts license except for those areas within such establishments which are utilized primarily for restaurant purposes.
(e) Fully enclosed offices or rooms occupied exclusively by smokers, even though the offices or rooms may be visited by nonsmokers.
(f) Retail businesses primarily engaged in the sale of tobacco or tobacco products.
(g) Restaurants with a seating capacity of thirty or fewer persons.
(h) Smoking areas designated by the proprietor or person in charge of a public place or public meeting pursuant to Section 1101.04.
(i) Any owner or manager of a business or other establishment subject to this article may apply to Council for an exemption or modification of the provisions of this article due to unique or unusual circumstances or conditions. Such exemption or modification may be granted by five votes in the affirmative of Council.
(Ord. 734. Passed 3-24-87.)
(Ord. 734. Passed 3-24-87.)