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523.04 EXEMPTIONS.
   The restrictions in Sections 523.02 and 523.03 shall not apply to:
   (a)   An entire room or hall which is being used for a private social function, provided that the seating arrangements are under the control of the sponsor of the function and not of the proprietor or person in charge of the place;
   (b)   A limousine for hire, a taxicab or a police patrol car where the driver and all passengers affirmatively consent to smoking in such vehicle;
   (c)   A retail tobacco store;
   (d)   Any private room in a health-care facility, or any semiprivate room in a health- care facility if both occupants have requested in writing to be placed in a room where smoking is permitted;
   (e)   A bar;
   (f)   An eating establishment that seats fewer than thirty people, provided that a sign stating that a no-smoking area is not available is conspicuously posted on all public entrances or in a position clearly visible on entry into the establishment;
   (g)   A private residence, except those portions of a private residence used as a child- care or health-care facility or serving as a place of employment; and
    (h)   A single room in a place listed in Section 523.02(a)(4) and (a)(9) through (a)(11), provided that all of the following apply:
      (1)   Such room is not normally used by members of the general public for the primary purpose of the establishment.
      (2)   Such room is enclosed by walls on all sides, and openings adjacent to no- smoking areas are generally kept closed.
      (3)   Such room occupies less than twenty percent of the total floor space of the establishment.
         (Ord. 57-87. Passed 9-8-87; Ord. 1-88. Passed 1-4-88.)