§ 94.08 WHERE SMOKING NOT REGULATED.

   Notwithstanding any other provision of this article to the contrary the following areas shall be exempt from the provisions of §§ 94.04 through 94.06 of this article:

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

   (B)   Hotel and motel rooms that are rented to guests and are designated as smoking rooms, provided, however, that not more than 20% of rooms rented to guests in a hotel or motel may be so designated all smoking rooms on the same floor must he contiguous and smoke from these rooms must not infiltrate into areas where smoking is prohibited under the provisions of this article. The status of rooms as smoking or nonsmoking may not be changed except to add additional nonsmoking rooms.

   (C)   Retail tobacco stores, provided that smoke from these places does not infiltrate into areas where smoking is prohibited under the provisions of this article.

   (D)   Private and semiprivate rooms in nursing homes and long-term care facilities that are occupied by one or more persons, all of whom are smokers and have requested in writing to be placed in a room where smoking is permitted; provided that smoke from these places does not infiltrate into areas where smoking is prohibited under the provisions of this article.

   (E)   Private clubs that have no employees, except when being used for a function to which the general public is admitted.

   (F)   Outdoor areas of places of employment except those covered by the provisions of §§ 94.06 and 94.07 of this article.

(Ord. 13-001, passed 1-8-2013)