622.04 EXEMPTIONS.
   The restrictions in Sections 622.02 and 622.03 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, or a taxicab or 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)   Bars;
   (f)   An eating establishment that seats fewer than thirty people, provided that s 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 healthcare facility or serving as a place of employment;
   (h)   A single room in a place within divisions (a)(4) and (a)(9) through (a)(11) of Section 622.02, provided that such room is not normally used by members of the general public for the primary purpose of the establishment; that such room is enclosed by walls on all sides and openings adjacent to no-smoking areas are generally kept closed; and that such room occupies less than twenty percent of the total floor space of the establishment; and
(Ord. 1988-130. Passed 12-21-88.)
   (i)   A service establishment, open to the public by appointment only, consisting of a single room for which the designation of a smoke-free area is impractical due to a work area of less than 1,200 square feet.
(Ord. 1991-92. Passed 8-21-91.)