Notwithstanding any other provisions of this chapter, smoking is allowed in the following areas:
A. Private residences or dwelling places, except when used as a childcare, adult daycare, or healthcare facility or any other home based business open to the public.
B. Retail tobacco stores, in operation prior to January 1, 2008. The retail tobacco store shall annually file with the department by January 31 an affidavit stating the percentage of its gross income during the prior calendar year that was derived from the sale of loose tobacco, plants, or herbs and cigars, cigarettes, pipes, or other smoking devices for smoking tobacco and related smoking accessories. Any retail tobacco store that begins operation after January 1, 2008, may only qualify for an exemption if located in a freestanding structure occupied solely by the business and smoke from the business does not migrate into an enclosed area where smoking is prohibited.
C. Private and semiprivate rooms in nursing homes and long term care facilities that are occupied by one (1) or more persons, all of whom are smokers and have requested in writing to be placed or to remain in a room where smoking is permitted and the smoke shall not infiltrate other areas of the nursing home.
D. Hotel and motel sleeping rooms that are rented to guests and are 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. Not more than twenty five percent (25%) of the rooms rented to guests in a hotel or motel may be designated as rooms where smoking is allowed. The status of rooms as smoking or nonsmoking may not be changed, except to permanently add additional nonsmoking rooms. (Ord. 01-01-08, 1-22-2008, eff. 1-23-2008)