§ 95.08 WHERE SMOKING IS NOT REGULATED.

   Notwithstanding any other provision of this chapter to the contrary, the following areas shall be exempt from the provisions of §§ 95.04 and 95.05:

   (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 be contiguous. Smoke from the designated smoking rooms shall not infiltrate into areas where smoking is prohibited under the provisions of this chapter. The status of rooms as smoking or non-smoking may not be changed, except to add additional non-smoking rooms;

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

   (D)   Private clubs and businesses that have no employees, provided that smoke from these premises does not infiltrate into areas where smoking is prohibited under the provisions of this chapter. When such clubs or businesses are being used for functions to which the general public is invited, the prohibitions set out in §§ 95.04 and 95.05 shall apply;

   (E)   Outdoor areas of places of employment, except those covered by the provisions of §§ 95.06 and 95.07, provided that smoke from these premises does not infiltrate into areas where smoking is prohibited under the provisions of this chapter.

(Ord. 2020-07, passed 4-23-2020)