(A) Notwithstanding any other provisions of this chapter to the contrary, the following areas shall not be subject to the smoking restrictions of this chapter:
(1) A private residence, including an attached or detached garage except when the residence is utilized for office or other business purposes and/or when such residence is operated as a licensed or unlicensed day care facility for children or the elderly;
(2) Hotel and motel rooms rented to guests;
(3) Tobacco stores, whether operated as a separate business entity or as a physically separated facility within a department store or other business entity. Note: tobacco stores, like all businesses, are obligated to provide a safe work environment protecting their employees from exposure to secondhand smoke;
(4) Private clubs during events attended exclusively by members of the organization and their invited guests and from which members of the general public are excluded;
(5) City streets and sidewalks, except as otherwise prohibited by state law.
(B) In addition to those areas identified in division (A) above, the provisions of this chapter shall not be applicable to the following:
(1) Golf courses;
(2) Other city-owned property per the direction of the City Manager.
(C) Notwithstanding any other provisions of this section, any owner, operator, manager, or other person who controls any establishment described in this section may declare that entire establishment, or any portion thereof, as a non-smoking establishment.
(‘61 Code, § 5-7.04) (Ord. 590, C.S., passed 6-16-93; Am. Ord. 962 C.S., passed 5-15-19)