Notwithstanding any other provision of this chapter, smoking may be allowed in the following areas:
A. Private residences or dwelling places, except when used as a childcare, adult daycare, or healthcare facility or any other home-based business open to the public;
B. Retail tobacco stores, as defined section 5-8-1 of this chapter, in operation prior to January 1, 2008. Any retail tobacco store that begins operation after January 1, 2008, may only qualify for an exemption if located in a freestanding structure occupied solely by the business, and smoke from the business does not migrate into an enclosed area where smoking is prohibited;
C. Hotel and motel sleeping rooms that are rented to guests and are designated as smoking rooms; provided, that all smoking rooms on the same floor must be contiguous, and smoke from these rooms must not infiltrate into nonsmoking rooms or other areas where smoking is prohibited. Not more than twenty five percent (25%) of the rooms rented to guests in a hotel or motel may be designated as rooms where smoking is allowed. The status of rooms as smoking or nonsmoking may not be changed, except to permanently add additional nonsmoking rooms;
D. Enclosed laboratories that are excluded from the definition of
PLACE OF EMPLOYMENT in section 5-8-1 of this chapter; and
E. Common smoking rooms in long-term care facilities operated under the authority of the Illinois Department of Veterans’ Affairs or licensed under the Nursing Home Care Act (210 ILCS 45/1-101 et seq.) that are accessible only to residents who are smokers and have requested in writing to have access to the common smoking room where smoking is permitted, and the smoke shall not infiltrate other areas of the long-term care facility.
(Ord. 2512, 6-26-2018)