Smoking is not regulated and the following areas are exempt from the above provisions of this subchapter:
(A) Private residences, except when used as a childcare, adult day care, or healthcare facility and are city owned, operated, leased, maintained, or controlled;
(B) (1) City owned, operated, leased, maintained, or controlled hotel and motel rooms that are rented to guests and are designated as smoking rooms; provided, however, that not more than 35% of rooms rented to guests in a hotel or motel may be so designated.
(2) All smoking rooms on the same floor must be contiguous, and smoke from these rooms must not infiltrate into areas where smoking is prohibited under the provisions of this subchapter. The status of rooms as smoking or non-smoking may not be changed, except to add additional non-smoking rooms;
(C) City owned, operated, leased, maintained, or controlled 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 in a room where smoking is permitted, provided that smoke from these places does not infiltrate into areas where smoking is prohibited under the provisions of this subchapter; and
(D) City owned, operated, leased, maintained, or controlled retail tobacco stores, provided that smoke from these establishments does not infiltrate into areas where smoking is prohibited under the provisions of this subchapter. RETAIL TOBACCO STORES are retail stores that derive 80% or more of their gross sales from the sale of tobacco products.
(Ord. passed 6-1-2016)