(A) Notwithstanding any other provisions of this subchapter to the contrary, the following areas shall not be subject to the smoking restrictions of this subchapter:
(1) Bars;
(2) Private residences, except when used as a child care or health care facility;
(3) Hotel and motel rooms rented to guests;
(4) Retail tobacco stores; and
(5) The conference or meeting rooms or public and private assembly rooms of hotels, motels and fraternal organizations while these places are being used for private functions and the Kingwood Civic Center when used for bingo and adult dances.
(6) A private enclosed office work place occupied by only one person or occupied exclusively by smokers, even though such an office workplace may be visited by non-smokers. However, any employee has the right to designate his or her work area as no smoking, and smoking shall be prohibited in all public waiting areas and lobbies.
(B) Notwithstanding any other provision of this section, any person who controls any establishment described in this section may declare that entire establishment as a no smoking facility.
(Ord. passed 3-12-2002)