Notwithstanding any other provision of this Chapter to the contrary, the following areas shall be exempt from the prohibitions in Section 523.02:
(a) Private residences, except if used as a licensed child care, adult day care, or health care facility, or if a person uses a private residence in any way otherwise qualifying that private residence as a place of employment; provided, however, that private residences are exempt from this Chapter to the extent that the person providing services is providing housecleaning, home maintenance, cable or telephone repair, or personal care services in the private residence.
(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.
(c) Family-owned and operated businesses in which all employees are related to the owner, and offices of self-employed persons in which all employees are related employees to the self-employed person, but only if the enclosed areas these businesses and offices occupy are not open to the public, are not in the same building with other enclosed areas subject to this regulation, and smoke from these businesses and offices does not infiltrate into enclosed areas where smoking is prohibited under the provisions of this Chapter.
(d) Any home, as that term is defined in Section 3721.10(A) of the Ohio Revised Code, but only to the extent necessary to comply with R.C. 3721.13(A)(18) and rules promulgated according to that section.
(e) Retail tobacco stores as defined in Section 523.01(l) of this Chapter in operation prior to the effective date of this ordinance. Any new retail tobacco store or any existing retail tobacco store that relocates to another site may only qualify for this exemption if located in a freestanding structure.
(f) Outdoor patios as defined in Section 523.01(m) of this Chapter. If the outdoor patio has a structure capable of being enclosed by walls, covers, solid surface fencing, or tents, regardless of the materials or the removable nature of the walls, covers, solid surface fencing, or tents, the space will be considered enclosed, when the walls, covers, fences, or tents are in place. All outdoor patios shall be physically separated from an enclosed area. If sliding or folding windows or doors or other windows or doors forms any part of the border to the outdoor patio, the openings shall be closed to prevent the migration of smoke into the enclosed area. If sliding or folding windows or doors or other windows or doors does not prevent the migration of smoke into the enclosed area, the outdoor patio shall be considered an extension of the enclosed area and subject to the prohibitions of this Chapter.
(g) Private clubs as defined in Section 523.01(n) of this Chapter provided that all of the following apply:
(1) That there are no nonmembers present; and
(2) That the private club is the holder of a valid D-4 liquor permit pursuant to Ohio R.C. 4303.17 if alcoholic beverages are to be served.
(Ord. 04-25. Passed 9-7-04.)