Notwithstanding any other provision of this chapter to the contrary, the following shall not be subject to the smoking restrictions contained in this chapter:
(a) Personal residences, including those portions of a private residence used for business purposes;
(b) Motor vehicles even if used for business purposes;
(c) Bars;
(d) Business Offices;
(e) Hotel and motel rooms rented to smoking guests;
(f) Retail tobacco stores;
(g) Any enclosed area where the private social functions are being held and the seating arrangements are under the control of the sponsor of the function and not the owner, operator, manager or person in charge of the building and the event is not open to the general public.
(h) Private Clubs, except when events held at private clubs are open to the general public. Upon the date that this chapter becomes law, the only exempt private clubs in the City of Wauseon are:
(1) Wauseon Elks #1734
(2) American Legion Post 0265
(3) Veterans of Foreign War Post 7424
Further exemptions for private clubs are allowed upon application to and the approval of the Wauseon City Council. Council shall be satisfied that the establishment of a private club is for legitimate purposes and not created as an attempt to circumvent the requirements of this chapter.
(i) Smoking Section of Eating Establishments:
(1) Any proprietor of an eating establishment may establish a "smoking area" provided the following criteria are met:
A. The smoking section shall be separated from the non-smoking section by a permanent floor to ceiling barrier, except that said barrier may have openings for ingress and egress between the smoking and non-smoking sections.
B. Not less than fifty percent (50%) of the available space for public occupancy shall be designated as a non-smoking section.
C. Access to the non-smoking section shall not require an individual to walk through an area where smoking is not prohibited.
D. Proprietors may utilize existing ventilation systems to the maximum extent practicable consistent with the State of Ohio Mechanical Code and good engineering practices minimize migration of smoke to adjacent nonsmoking section.
(j) Eating Establishments which seat fifty (50) people or less.
(Ord. 2005-5. Passed 2-7-05.)