(A) Smoking is permitted in the following places:
(1) Private homes except if any such home or vehicle is being used for childcare or daycare or if a private vehicle is being used for the public transportation of children;
(2) Private automobiles;
(3) Limousines under private hire;
(4) Commercial lodging including, without limitation, hotel or motel rooms rented to one or more guests and designated as smoking rooms; provided, however, that not more than 25% of the rooms rented in a hotel or motel may be so designated;
(5) Retail tobacco stores;
(6) A place of employment that is not open to the public and that is under the control of an employer that employs three or fewer employees;
(7) Smoking by performers as part of a stage production at a theater; and
(8) Areas of assisted living facilities that are designated for smoking for residents; that are fully enclosed and ventilated and to which access is restricted to the residents and their guests.
(B) Notwithstanding any other provision of this section, an owner, operator, manager or other person who controls an establishment, facility or grounds described in this section may declare the entire establishment, facility or grounds smoke free.
(C) In the case of employers who own facilities otherwise exempted under this section, each such employer shall provide a smoke free work area for each employee requesting not to have to breathe environmental tobacco smoke. Every employee shall have a right to work in an area free of environmental tobacco smoke.
(Ord. 22(2016))