The prohibitions on smoking set forth in this chapter shall not apply to:
(A) Hotel and motel sleeping rooms rented to guests and designated as smoking rooms, provided that all smoking rooms on the same floor must be contiguous, and smoke from these rooms must not infiltrate into nonsmoking rooms or other areas where smoking is prohibited under the provisions of this chapter.
(1) Not more than 25% of the rooms rented to guests in a hotel or motel may be designated as rooms where smoking is permitted.
(2) The status of rooms as smoking or nonsmoking may not be changed, except to add additional nonsmoking rooms.
(B) Private vehicles, not including public transportation facilities or government vehicles.
(C) Private residences or dwelling places, except when used as a child care, adult day care, health care facility, or any other home-based business open to the public.
(D) Private and semi-private rooms in nursing homes and long-term care facilities that are occupied by one or more persons, all of whom are smokers, and have requested, in writing, placement in a room where smoking is permitted.
(E) Any public place or place of employment that is a tobacco dealer, whose principal business is the retail sale of tobacco and tobacco-related products, provided that smoke generated by smoking on the premises of the tobacco dealer does not infiltrate into enclosed areas where smoking is otherwise prohibited, and no food or liquor license has been granted.
(Ord. 2018-07, passed 8-6-2018)