Sec. 4-46. Exemptions from Prohibition.

Notwithstanding any other provision of this Article to the contrary, the following areas shall not be subject to the smoking restrictions of this Article:

a.   A private residence, unless it is used as a child care, adult daycare or health care facility.

b.      A Retail Tobacco Store.

c.   A Private Organization. This exemption shall not apply to any Private Organization that is established for the purpose of avoiding compliance with this Article.

d.   Facilities and property otherwise defined by this ordinance that are under the ownership, custody or control of another governmental or educational institution.

e.    Outdoor areas, including outdoor patios, that are adjacent to bars or restaurants and that are served by employees of such bars or restaurants, but which are at least twenty (20) feet from outside entrances, operable windows, and ventilation systems of Enclosed Areas where smoking is prohibited by this Article. For purposes of this subsection, the term “outdoor area” shall mean an outdoor area that does not have a roof, and has at least one side which does not extend to the ceiling or is not solid.