Notwithstanding any other provision of this subchapter to the contrary, the following areas shall be exempt from the provisions of this subchapter; provided, smoking is not limited in the areas under the State Clean Indoor Air Act:
(A) Private residences, except when used as a licensed childcare, adult care facility, health care facility or a home-based business of any kind open to the public;
(B) Hotel and motel sleeping rooms that are rented to guests and are designated as smoking rooms; provided, however, that, not more than 25% of the rooms rented to guests in a hotel or motel may be so designated;
(C) 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 or to remain, as the case may be, in a room where smoking is permitted; and
(D) Private clubs or lodges.
(Ord. 07-01, passed 1-23-2007)