Smoking may be permitted in all locations where smoking is not prohibited by this chapter, including the following locations:
A. A private residence, including an attached or detached garage, whether or not the residence is utilized for office or other business purposes, except when such residence is operated as a licensed day care facility for children;
B. Bars;
C. Tobacco stores, whether operated as a separate business entity or as a physically separated facility within a department store or other business entity;
D. Private clubs during events attended exclusively by members of the organization and their invited guests and from which members of the general public are excluded;
E. Within conference/meeting rooms, public and private assembly rooms, banquet rooms, dining rooms or areas of restaurants, hotels and motels, while these places are occupied for private functions to which only persons specially invited are entitled to attend and from which members of the general public are excluded;
F. In any enclosed place wherein this chapter specifically permits smoking, notwithstanding the fact that such location is a workplace.
It shall not constitute a violation of Section 8.80.040 of this chapter for a person to smoke in a location where smoking has been authorized in the manner prescribed by this section.
The foregoing places are not considered workplaces subject to the provisions of Section 8.80.200 of this chapter. Employers will, however, attempt to find a reasonable alternative accommodation where feasible for nonsmoking employees who do not wish to be assigned to work in a smoking permissible area.
Notwithstanding any provision in this chapter which permits smoking in a place of employment, any nonsmoking employee may object to his or her employer about smoke in his or her workplace. The employer shall attempt to reach a reasonable accommodation, insofar as possible. If an accommodation which is satisfactory to all affected nonsmoking employees cannot be reached within a particular workplace, the commercial enterprise, nonprofit entity or city who employs the nonsmoking employees shall formulate, promulgate and implement restrictions or prohibitions upon smoking in a manner which accommodates the reasonable preferences and needs of the nonsmoking employees in relation to the nuisance and health impacts of the smoking upon the nonsmokers. The area in which smoking is prohibited shall be posted by "no smoking" signs in the manner prescribed by the provisions of Section 8.80.230 of this chapter. (Prior code § 37.01.021)