Notwithstanding any other provision of this chapter to the contrary, the following shall not be subject to the smoking restrictions of this chapter:
(A) Private residences: (any location that has a business license shall not be considered a private residence for purposes of the smoking regulation and shall be subject to the prohibition in all areas where business is being conducted).
(B) Hotel and motel rooms and bed and breakfast rooms that are rented to guests and are designated as smoking rooms, provided, however, that not more than 25% of rooms rented to guests in a hotel or motel or bed and breakfast may be so designated. All smoking rooms on the same floor must be contiguous, and smoke from those rooms must not infiltrate into areas where smoking is prohibited under the provisions of this chapter. The status of smoking rooms may not be changed, except to add additional nonsmoking rooms.
(C) Establishments where more than 50% of the revenue, volume of trade, or business activity is derived from the blending of tobaccos, or sale of tobaccos, pipes, cigars, or smoker's sundries, provided that smoking areas in these establishments are enclosed and smoke does not infiltrate into areas where smoking is prohibited under the provisions of this chapter.
(D) Religious ceremonies where smoking is part of a ritual.
(E) Private club or lodge operating within a building or portion of a building owned or leased by the club.
(F) Any location where smoking is regulated under S.C. Code §§ 44-95-10 et seq., as amended, the Clean indoor Air Act, to include:
(1) Public schools and preschools where routine or regular kindergarten, elementary, or secondary educational classes are held, including libraries, but excluding private offices and teacher lounges which are not adjacent of classrooms or libraries, unless smoking is prohibited in private offices or teacher lounges by directive of the local school board or a smoke-free campus mandated by a district board of trustees;
(2) All other indoor facilities providing children's services to the extent that smoking is prohibited in the facility by federal law and all other child day care facilities, as defined in S.C. Code, § 20-7-2700, which are licensed pursuant to Subarticle 11, Article 13, Chapter 7 of Title 20, as amended. Title 20, Ch. 7, Art. 13, Subart. 11
(3) Health care facilities as defined in S.C. Code § 44-7-130, as amended, but excluding designated smoking areas in employee break areas, unless the governing body of the facility has determined to maintain a smoke free environment.
(4) Government buildings, as defined in S.C. Code § 44-95-20(4), except health care facilities as provided for in subdivision (F)(3) hereof, and except for buildings owned or occupied by the town.
(5) Elevators;
(6) Public transportation vehicles that are not owned or operated by the town, excluding taxicabs;
(7) Arenas and auditoriums of public theaters or public performing art centers, excluding areas that may be designated for smoking in foyers, lobbies, or other common areas and excluding smoking as part of a legitimate theatrical performance.
(Ord. 11-11, passed 11-7-11)