Notwithstanding any other provision of this subchapter, smoking shall be allowed in the following areas:
(A) Private residences or dwelling places, except when used as a child care, foster care, adult day care or healthcare facility, or any other home-based business open to the public.
(B) Retail tobacco stores, as defined in § 135.10, which were in operation prior to the effective date of this subchapter except that the consumption of cannabis, as defined in Sec. 136.20 of the Code of Ordinances of the City of Oakbrook Terrace, is not permitted; provided that any exempt retail tobacco store hereunder shall annually file with the Department and the city, by January 31 of each year, an affidavit stating the percentage of its gross income during the prior calendar year that was derived from the sale of loose tobacco, plants, herbs, cigars, cigarettes, pipes or other smoking devices for smoking tobacco and related smoking accessories. Any retail tobacco store that begins operation after the effective date of this subchapter may only qualify for an exemption if located in a freestanding structure occupied solely by the business, from which smoke does not migrate into an enclosed area where smoking is prohibited.
(C) 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, to be placed or to remain in a room where smoking is permitted, so long as 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 that smoke from these rooms shall not infiltrate into nonsmoking rooms or other areas where smoking is prohibited. Not more than 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. 07-23, passed 11-27-07; Am. Ord. 20-18, passed 5-26-20)