The prohibitions of § 131.36 shall not apply to the following:
(A) Private residences, except when used as a licensed childcare, adult day care or health care facility;
(B) Hotel and motel 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 may be so designated. The status of rooms as smoking or nonsmoking may not be changed, except to add additional nonsmoking rooms;
(C) Retail tobacco stores; provided that smoke from these places does not infiltrate into areas where smoking is prohibited under the provisions of this subchapter;
(D) 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;
(E) Outdoor areas of places of employment; and
(F) Private clubs as defined herein.
(Ord. 31-2006, passed 10-9-2006; Ord. 01-2016, passed 1-11-2016)