The restrictions provided in § 11-102 shall not apply to the following:
(A) Stand-alone bars, stand-alone taverns and cigar bars;
(B) The room or rooms where licensed charitable bingo games are being operated, but only during the hours of operation of such games;
(C) Up to 25% of the guest rooms at a hotel or other lodging establishment;
(D) Retail tobacco stores predominantly engaged in the sale of tobacco products and accessories and in which the sale of other products is merely incidental and in which no food or beverage is sold or served for consumption on the premises;
(E) Workplaces where only the owner or operator of the workplace, or the immediate family of the owner or operator, performs any work in the workplace, and the workplace has only incidental public access. INCIDENTAL PUBLIC ACCESS means that a place of business has only an occasional person, who is not an employee, present at the business to transact business or make a delivery. It does not include businesses that depend on walk-in customers for any part of their business;
(F) Workplaces occupied exclusively by one or more smokers, if the workplace has only incidental public access;
(G) Private offices occupied exclusively by one or more smokers;
(H) Private residences and workplaces within private residences, except that smoking shall not be allowed inside any private residence that is used as a licensed child care facility during hours of operation;
(I) Medical research or treatment centers, if smoking is integral to the research or treatment;
(J) A facility operated by a post or organization of past or present members of the Armed Forces of the United States which is exempt from taxation pursuant to §§ 501(c)(8), 501(c)(10) or 501(c)(19) of the Internal Revenue Code, 26 U.S.C., §§ 501(c)(8), 501(c)(10) or 501(c)(19), when such facility is utilized exclusively by its members and their families and for the conduct of post or organization nonprofit operations except during an event or activity which is open to the public;
(K) Any outdoor seating area of a restaurant; provided, smoking shall not be allowed within 15 feet of any exterior public doorway or any air intake of a restaurant;
(L) Public sidewalks and streets, but smoking is not allowed within 15 feet of exterior door or intake of a public place;
(M) On board a personal water craft of personal truck or automobile; and
(N) Airport hangar lease private space under existing lease, but not leases entered into after effective date of this section.
(Ord. 3252, passed 6-3-14)