(a) Notwithstanding any other provision of this chapter to the contrary, the following areas shall not be subject to the smoking prohibitions in § 29.5-2.
(1) Private residences, except when used as a child care, adult day care or health care facility;
(2) A private or semi-private room in a nursing home or long term health care facility that is occupied by persons who smoke and have requested in writing to be placed in a room where smoking is permitted;
(3) Hotel and motel rooms that comply with § 29.5-4;
(4) Retail smoke shops and cigar lounges in stand alone physical facilities or that operate an air ventilation system that prevents the migration of smoke into neighboring facilities;
(5) Hotel and motel conference or meeting rooms and public facilities while being used for a private function. This exception shall not include restaurants or bars;
(6) Private clubs, as defined in this chapter, as long as the facility is used or operated by the members and is not open to the general public;
(7) An outdoor dining area and/or patio, as long as the section of the outdoor dining area and/or patio where smoking is permitted, is more than 20 feet from a primary entrance or openable window of an enclosed area; and
(8) Any facility which is primarily used for exhibiting any stage, drama, lecture, musical recital or other similar performance, when smoking is part of a stage production.
(b) Notwithstanding any other provision of this section, any owner, operator, manager or other person who controls any establishment described in this section may designate the entire establishment as a nonsmoking establishment.
(Ord. 17719, § 1, passed 8-21-2007; Ord. 23047-12-2017, § 2, passed 12-12-2017, eff. 3-12-2018)