Notwithstanding any other provision of this subchapter to the contrary, the following areas shall be exempt from the provisions of this subchapter; provided, smoking is not limited in such areas under the state’s Clean Indoor Air Act, being 410 ILCS 82:
(A) Private residences, except when used as a licensed childcare, adult day care facility, health care facility or a home based business of any kind open to the public;
(B) Hotel and motel sleeping rooms that are rented to guests and are designated as smoking rooms; provided, however, that, not more than 25% of the rooms rented to guests in a hotel or motel may be so designated;
(C) Private and semi-private rooms in nursing homes and long-term facilities that are occupied by one or more persons, all of whom are smokers and have requested in writing to be placed or to remain, as the case may be, in a room where smoking is permitted;
(D) Retail tobacco stores; provided that, air from the area is not drawn in or across any non-smoking areas;
(E) Private clubs or lodges;
(F) Roller or ice skating facilities;
(G) Bingo facilities;
(H) Bar areas; provided that, air from the area is not drawn in or across any non-smoking areas;
(I) Beer gardens; provided that, air from the area is not drawn in or across any non-smoking areas;
(J) Outdoor dining areas licensed; provided that, air from the area is not drawn in or across any non- smoking areas; and
(K) Coffee shops; provided that, air from the area is not drawn in or across any non-smoking areas.
(Ord. 07-O-1886, passed 3-21-2007)