(1) 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;
(2) A limousine for hire or a taxicab, where the driver and all passengers affirmatively consent to smoking in such vehicle;
(3) Retail tobacco stores;
(4) Any private room in a health care facility, or any semi-private room in a health care facility if both occupants have requested, in writing, to be placed in a room where smoking is permitted;
(5) Bars;
(6) An eating establishment that seats fewer than thirty people, provided that:
A. Such establishment comprises a single room.
B. Such establishment was open to the public prior to the effective date of this chapter.
C. A 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.
(7) Hotel and motel rooms needed for smoking guests during conventions, while such conventions are in progress;
(8) A single room in a business establishment, provided that:
A. Such room is not normally used by members of the general public for the primary purpose of the establishment.
B. Such room is enclosed by walls on all sides and openings adjacent to no-smoking areas are generally kept closed.
C. Such room occupies less than twenty percent of the total floor space of the establishment.
(9) A private work area, enclosed by floor-to-ceiling walls with appropriate openings for ingress and egress, which is occupied exclusively by smokers, even though such office may be visited by nonsmokers, provided that:
A. This exemption shall not be permitted where it conflicts with the requirements in Section 620.05(c)(6).
B. This exemption shall not be construed to permit smoking in the reception areas of lobbies or offices.
(10) Private residences, except those portions of a private residence used as a child care or health care facility or serving as a place of employment;
(11) Bowling centers; and
(12) Areas of public lobbies located on the ground floor of multi-tenant establishments where no seating is made available.
This subsection shall not be interpreted or construed to require proprietors or employers in charge of places set forth in paragraphs (a)(1) through (9) hereof to permit smoking therein.
(b) No person who owns, manages, operates or otherwise controls the use of any establishment subject to the restrictions of this section shall fail to comply with its provisions, except that no violation of this paragraph shall be presumed solely on the basis of a violation of subsection (c) hereof.
(c) No person shall smoke in any area not excepted by this section.
(d) Whoever violates any of the provisions of this section is guilty of a minor misdemeanor and shall be subject to the penalty provided in Section 698.02. A separate offense shall be deemed committed each day during or on which a violation occurs or continues.
(Ord. 93-176. Passed 12-20-93.)