523.04 EXEMPTIONS.

   The restrictions in Section 523.03 shall not apply to:

   (a)    An entire room or hall which is being used for a private social function, provided that the seating arrangements are under the control of the sponsor of the function and not of the proprietor or person in charge of the place;

   (b)    A limousine for hire, provided that the driver and all passengers affirmatively consent to smoking in such vehicle;

   (c)    A retail tobacco store;

   (d)    A bar, club or night club;

   (e)    An eating establishment licensed by the Ohio Department of Liquor Control to sell intoxicating beverages for consumption on the premises that seats fewer than seventy (70) people; provided that a sign stating "No-Smoking Area Not Available" is conspicuously posted on all public entrances or in a position clearly visible on entry into the establishment;

   (f)    A private residence, except those portions of a private residence used as a child- care or health-care facility or serving as a place of employment;

   (g)    Pool halls and bowling alleys during adult league play only, provided that a sign stating "No-Smoking Area Not Available" is conspicuously posted on all public entrances or in a position clearly visible on entry into the establishment.

      (Ord. 2004-68. Passed 9-21-04.)