§ 40.41 WHERE SMOKING IS NOT REGULATED.

   Notwithstanding any other provision of this section to the contrary, the following areas shall be exempt from the provisions of §§ 40.37 and 40.38:

   (A)   Private residences, except when used as a licensed childcare, adult 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 20% of rooms rented to guests in a hotel or motel may be so designated. All smoking rooms on the same floor must be contiguous. Smoke from the designated smoking rooms shall not infiltrate into any areas where smoking is prohibited under the provisions of this section. 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 premises does not infiltrate into areas where smoking is prohibited under the provisions of this section;

   (D)   Private clubs and businesses that have no employees; provided, that when such clubs or businesses are being used for functions to which the general public is invited, the prohibitions set out in §§ 40.37 and 40.38 shall apply, provided that smoke from these premises does not infiltrate into areas where smoking is prohibited under the provisions of this section; and

   (E)   Outdoor areas of places of employment, except those covered by the provisions of divisions §§ 40.39 and 40.40, provided that smoke from these premises does not infiltrate into areas where smoking is prohibited under the provisions of this section.

(Ord. passed 3-8-2018)