§ 97.06  WHERE SMOKING IS NOT REGULATED.
   The prohibitions of § 97.03 shall not apply to the following:
   (A)   Private residences, except when used as:
      (1)   A licensed childcare, adult day care, or health care facility; or
      (2)   Any business open to the public.
   (B)   Hotel and motel rooms that are rented to guests and are designated as smoking rooms; provided however, that not more than 30% of rooms rented to guests in a hotel or motel may be so designated. The status of rooms as smoking or nonsmoking may not be changed, except to add additional nonsmoking rooms.
   (C)   A retail tobacco store provided that:
      (1)   It meets the definition of a “retail tobacco store” in § 97.01;
      (2)   It applies for and is granted an exemption by the city under the deadlines provided in § 97.13; and
      (3)   If it is contained in a building which contains any other business or residence, it supplies with its application for exemption on a form provided by the city a signed affidavit from the authorized representative of a business which designs, installs, or inspects heating, ventilation, and air-conditioning systems and which is a business bonded in Porter County which affidavit states that the retail tobacco store and its ventilation system is separated from the rest of the building and from its ventilation system(s) such that smoke from the store will not infiltrate these other areas.
   (D)   Family-owned and operated businesses in which all employees are related to the owner, and offices of self-employed persons in which all employees are related to the self-employed person, but only if the enclosed areas these businesses and offices occupy are not open to the public.
   (E)   Outdoor areas of places of employment except for:
      (1)   Outdoor seating areas for patrons in restaurants; and
      (2)   Grandstands or other outside seating at public events.
   (F)   A bar provided that:
      (1)   It meets the definition of a "bar" in § 97.01;
      (2)   It applies for and is granted an exemption by the city under the deadlines provided in § 97.13;
      (3)   It allows no customer to enter at any time who is under the age of 18;
      (4)   It employs no person under the age of 18; and
      (5)   If it is contained in a building which contains any other business or residence, it supplies with its application for exemption on a form provided by the city a signed affidavit from the authorized representative of a business which designs, installs, or inspects heating, ventilation, and air-conditioning systems and which is a business bonded in Porter County which affidavit states that the bar and its ventilation system is separated from the rest of the building and from its ventilation system(s) such that smoke from the bar will not infiltrate these other areas.
   (G)   A private club provided that:
      (1)   It meets the definition of a "private club" in § 97.01;
      (2)   It applies for and is granted an exemption by the city under the deadlines provided in § 97.13;
      (3)   If it is contained in a building which contains any other business or residence, it supplies with its application for exemption on a form provided by the city a signed affidavit from the authorized representative of a business which designs, installs, or inspects heating, ventilation, and air-conditioning systems and which is a business bonded in Porter County which affidavit states that the private club and its ventilation system is separated from the rest of the building and from its ventilation system(s) such that smoke from the private club will not infiltrate these other areas.
   (H)   Any vehicle used by an employee while in the service of an employer when the vehicle is occupied only by that employee.
    (I)   Smoking by actors on stage during and as part of a performance, provided that the audience is warned prior to the start of the performance that such will occur.
(Ord. 49-2006, passed 12-4-06; Am. Ord. 15-2007, passed 3-12-07)