Notwithstanding any other provision of this section to the contrary, the following areas shall be exempt from the provisions of §§ 102.03 and 102.04:
(A) Any bar or tavern that:
(1) Holds a beer, liquor, or wine retailer's permit under the laws of this state;
(2) Allows no customer to enter at any time who is under the age of 18;
(3) Employs no person under the age of 18;
(4) Is not physically located within a business otherwise required to be smoke free by this chapter;
(5) Has provided notice by sending notice to the City of Madison Clerk-Treasurer that it intends to allow smoking, intends to serve only customers over the age of 18, and that it is otherwise entitled to an exemption under this section, provided however, that an election for this exemption may be made no more than once in a calendar year.
(B) Private residences, except when used as a licensed child care, adult day care or health care facility.
(C) Hotel and motel rooms that are rented to guests and are designated as smoking rooms; provided, however, that not more than 20% of rooms rented to guests in a hotel or motel may be so designated. All smoking rooms on the same floor must be contiguous and smoke from these rooms must not infiltrate into areas where smoking is prohibited under the provisions of this section. The status of rooms as smoking or nonsmoking may not be changed, except to add additional nonsmoking rooms.
(D) Retail tobacco stores; provided that smoke from these places does not infiltrate into areas where smoking is prohibited under the provisions of this section.
(E) Outdoor areas of places of employment except those covered by the provisions of § 102.05.
(F) Firehouses operated by volunteer fire companies unless the membership of any such company votes to make such firehouse a smoke free environment.
(G) This chapter shall not be applicable nor enforceable in federal, state, or county buildings.
(H) Private clubs.
(I) Family-owned and operated businesses in which all employees are related to the owner, and offices of self-employed persons in which all employees are related to the self-employed person, but only if the enclosed areas these businesses and offices occupy are not open to the public.
(Ord. 2005-23, passed 5-16-06)