Notwithstanding any other provision of this chapter to the contrary, the following areas shall be exempt from the provisions of § 97.03:
(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; providing, 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 and smoke from these rooms must not infiltrate into areas where smoking is prohibited under the provisions of this chapter. The status of rooms as smoking or nonsmoking may not be changed, except to add additional nonsmoking rooms;
(C) Retail tobacco stores; providing that smoke from these places does not infiltrate into areas where smoking is prohibited under the provisions of this chapter;
(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 chapter;
(E) Outdoor areas of places of employment except those covered by the provisions of § 97.03;
(F) Bars;
(G) Billiard or pool halls;
(H) Bingo facilities;
(I) Private offices;
(J) Game rooms; and
(K) Bowling alleys.
(Ord. 101-08, passed 11-20-07)