(a) Places, gatherings or functions which are not open to the public, or any portion of any public place which is not open to the public.
(b) Places which are not enclosed.
(c) Any activity done by a performer; performer shall mean any person engaged in a formal artistic exhibition before an audience, such as a play, dance, or musical program.
(d) Establishments in which malt, vinous and/or spirituous liquors are sold for consumption on the premises pursuant to a license other than an arts license except for those areas within such establishment which are utilized primarily for restaurant purposes.
(e) Fully enclosed offices occupied exclusively by smokers, even though the offices or rooms may be visited by non-smokers.
(f) Retail businesses primarily engaged in the sale of tobacco or tobacco products.
(g) Restaurants with a seating capacity of thirty or fewer persons.
(h) Smoking areas designated by the proprietor or person in charge of a public place or public meeting pursuant to Section 1171.04.
(i) Any owner or manager of a business or other establishment subject to this article may apply to Council for an exemption or modification of the provisions of this article due to unique circumstances or conditions. Such exemption or modification may be granted by four votes in the affirmative of Council.
(Passed 12-3-90)