§ 95.08 WHERE SMOKING NOT REGULATED.

   Notwithstanding any other provision of this chapter to the contrary, the following areas shall be exempt from the provisions of §§ 95.06 and 95.07:

   (A)   Private residences, except when used as a licensed child care, adult day care or health care facility;

   (B)   Hotel and motel rooms that are rented to guests and are designated as smoking rooms; provided that, not more than 20% of rooms rented to guests in a hotel or motel may be designated as smoking. Hotels and motels that have 26 or fewer rooms that are rented to guests may designate a percentage of rooms as smoking and non-smoking; however, once designated, a room cannot be reversed;

   (C)   Outdoor areas of places of employment, except those covered by the provisions of § 95.07;

   (D)   Native American or other religious ceremony practice pursuant to the American Indian Religious Freedom Act of 1978, being 42 U.S.C. §§ 1996 and 1996a, as amended; and

   (E)   Stand-alone bars.

(Ord. 04-001, passed 6-22-2004)