Notwithstanding any other provision of this subchapter to the contrary, the following areas shall not be subject to the smoking restrictions of this subchapter:
(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 25% of rooms rented to guests in a hotel or motel may be so designated. 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 subchapter.
(D) Bars.
(E) Outdoor areas of places of employment.
(F) Private and semi-private 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 subchapter, and providing that the operator of such facility has agreed to allow smoking on the premises upon receiving such request.
(G) Private clubs.
(Ord. 2006-9, passed 8-7-06; Am. Ord. 2008-1-1, passed 2-4-08)