(A) The prohibitions of § 133.03 shall not apply to the following:
(1) Private residences, except when used as a licensed childcare adult day care, or health care facility.
(2) 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 non-smoking may not be changed, except to add additional non-smoking rooms.
(3) Retail tobacco stores; provided that smoke from these places does not infiltrate into areas where smoking is prohibited under the provisions of this chapter.
(4) 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 chapter.
(5) Outdoor areas of places of employment.
(6) Any bar or tavern that:
(a) Holds a beer, liquor or wine retailer's permit under the laws of the state;
(b) Allows no customer to enter at any time who's under the age of 21;
(c) Employs no person under the age of 18;
(d) Is not physically located within a business otherwise required to be smoke-free by this chapter;
(e) Has provided notice by sending such document to the Howard County Health Department as part of its annual application for a retail food establishment license; that it intends to allow smoking, intends to serve only customers over the age of 21 and that it is otherwise entitled to an exemption under this section, provided, however, that an election of this exemption may be made no more than once in a calendar year.
(7) Any business that:
(a) Is exempt from federal income taxation under 26 U.S.C. § 501(c);
(b) Is a "club" as that term is defined by IC 7.1-3-20-1, or a "fraternal club" as that term is defined by IC 7.1-3-20-7;
(c) Holds a beer, liquor or wine retailer's permit under the laws of this state; and
(d) Provides food or alcoholic beverages only to its bona fide members and their guests.
(B) None of the areas in the preceding subsections shall be exempt from the provisions of this chapter if the smoke from smoking enters any area where smoking is otherwise prohibited by this chapter.
(C) Any business claiming an exemption pursuant to this section shall provide any enforcement agency listed, within three business days of the demand, adequate written proof that it qualifies for the exemption claim. Such written proof shall be certified under the penalties of perjury by an authorized representative of the business.
(Ord. 6445, passed 8-28-06)