The restrictions in Sections 619.04 shall not apply to:
(a) 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;
(b) A limousine for hire or a taxicab, where the driver and all passengers affirmatively consent to smoking in such vehicle;
(c) Retail tobacco stores;
(d) Any private room in a health care facility, or any semiprivate room in a health care facility if both occupants have requested, in writing, to be placed in a room where smoking is permitted;
(e) Bars;
(f) An eating establishment that seats fewer than 30 people, provided that:
(1) Such establishment comprises a single room.
(2) Such establishment was open to the public prior to the effective date of this chapter (Ordinance 1987-28, passed August 10, 1987).
(3) 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.
(g) Hotel and motel rooms needed for smoking guests during conventions, while such conventions are in progress;
(h) A single room in a business establishment, provided that:
(1) Such room is not normally used by members of the general public for the primary purpose of the establishment.
(2) Such room is enclosed by walls on all sides and openings adjacent to no- smoking areas are generally kept closed.
(3) Such room occupies less than 20% of the total floor space of the establishment.
(i) 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:
(1) This exemption shall not be permitted where it conflicts with the requirements in Section 619.05(c)(6).
(2) This exemption shall not be construed to permit smoking in the reception areas of lobbies or offices.
(j) 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;
(k) Bowling centers; and
(l) Areas of public lobbies located on the ground floor of multi-tenant establishments where no seating is made available.
This section shall not be interpreted or construed to require proprietors or employers in charge of places set forth in divisions (a) through (i) of this section to permit smoking therein.
(Ord. 1987-28. Passed 8-10-87.)