§ 90.03  PROHIBITION OF SMOKING IN PUBLIC BUILDINGS AND EXCEPTIONS.
   (A)   No person shall smoke within any building or establishment, which is open to the public, used to host or hold a public event, or employs one or more persons who work on the premises, except in or with:
      (1)   Private residences or extended stay lodging, except when they are used as a licensed childcare, adult day care, or health care facility.
      (2)   Tobacco businesses. Any tobacco business must register with the Louisville Metro Health Department to be eligible for this exception.
      (3)   The consumption of any non- tobacco and non-nicotine related products from an electronic smoking device at an electronic smoking retail store.
      (4)   The consumption of any non-tobacco products through a hookah at a hookah lounge. Any hookah lounge must register with the Louisville Metro Health Department by May 22, 2017, the effective date of the ordinance and operate continuously with no cessation
   (B)   Nothing in this chapter shall prevent an owner, lessee, principal manager or person in control of any place, including, without limitation, any motor vehicle, outdoor area, or dwelling, from prohibiting smoking completely in such place, and no person shall fail to abide by such a private prohibition.
   (C)   Nothing in this chapter shall authorize smoking in any place where it is otherwise prohibited by statute, ordinance, regulation, or by order of the Fire Marshal.
(Lou. Metro Ord. No. 123-2005, approved 8-17-2005, effective 11-15-2005; Lou. Metro Am. Ord. No. 189-2006, approved 10-17-2006, effective 7-1-2007; Lou. Metro Am. Ord. No. 1-2008, approved 1-11-2008; Lou. Metro Am. Ord. No. 83-2017, approved 5-22-2017)