(1) Any dwelling. This exception does not extend to a lobby, common elevator, common hallway, or any other common area of the building containing attached dwelling units, but if a hospital, hospice, or nursing home permits smoking in its dwelling rooms, smoking is not allowed in any room shared with a non-smoker without that person’s consent. This exception does not extend to private residents when they are used as a licensed childcare, adult day care, or health care facility.
(2) Enclosed areas as defined by § 121.02 that may be designated at the employer’s discretion for the purpose of being a stand alone “enclosed smoking area” for the use of employees who smoke.
(3) Retail tobacco, electronic smoking or vapor stores, provided that no one under the age of eighteen (18) is permitted within the premises, the sole intent is to only sell these or related products and smoke from these premises does not infiltrate into areas where smoking is prohibited under the provisions of this chapter.
(4) Hotel and motel rooms that are rented to guests and are designated as smoking rooms. This does not include those public areas of the hotel and motel including lobbies, restaurants and meeting rooms.
(6) Freestanding bars as defined by § 121.02 where the patrons or guest must be at least twenty-one (21) years of age to enter. As defined by § 121.02, such facility must stand alone or be an enclosed area separate from an other public place or restaurant where the smoke may not be able to infiltrate into any public place not exempt under this section. Doorways and windows leading to other public places shall remain closed at all times except to allow entrance or exit. Signs prohibiting patrons or guest under at least twenty-one (21) years of age to enter shall be clearly and conspicuously posted. It shall be the obligation of the owners, operators and/or employees to enforce the twenty-one (21) years of age restriction required herein.
(8) Bingo parlors where the patrons, guests and workers must be at least eighteen (18) years of age or older to enter as specified by state and/or federal law.
(9) Off-track betting parlors licensed by the Commonwealth of Kentucky where the patrons, guests and workers must be at least eighteen (18) years of age or older to enter as specified by state and/or federal law.
(B) Nothing in this subchapter shall prevent an owner, lessee, principal manager or person in control of any place, including, without limitation, any motor vehicle (other public transportation services), outdoor area, or dwelling, from prohibiting smoking completely in such place, and no person shall fail to abide by such private prohibition.
(C) Nothing in this subchapter shall authorize smoking in any place where it is otherwise prohibited by statue, ordinance, and regulation or by order of the Fire Marshal.
(Ord. 0-2007-028, passed 9-24-07; Am. Ord. 031, 2007, passed 10-9-07; Am. Ord. 0-2016-005, passed 4-25-16)