Notwithstanding any other provision of this article to the contrary, the following areas shall be exempt from the provisions of §§ 26-389 and 26-390 of this chapter:
(A) Private residences, except when used as a licensed child care, adult day care or health care facility;
(B) Retail tobacco stores; provided that, smoke from these places does not infiltrate into areas where smoking is prohibited under the provisions of this article;
(C) Private clubs, as defined in this article, except when being used for a function to which the general public is admitted. If the public is invited, subsection (D) below shall control;
(D) Outdoor areas of places of employment, including decks, balconies and patios of restaurants and bars; provided that, any smoking area is a minimum of 15 feet from any building opening or air handler and smoke from these places does not infiltrate into areas where smoking is prohibited under the provisions of this article. Where smoking is allowed outdoors, receptacles must be provided for the safe and proper disposal of cigarettes and related smoking material.
(Ord. 152, passed 3-18-2013)