The following areas shall be exempt from the prohibitions in Section 527.02:
(a) Private residences, unless the Private residence is a Place of Employment as defined in this chapter.
(b) Hotel and motel rooms that are rented to guests and are designed as smoking rooms; provided, however, that not more than 20% of rooms rented to guests in a hotel or motel may be so designated.
(c) 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, are not in the same building with other Enclosed Areas subject to this regulation, and smoke from these businesses and offices does not infiltrate into Enclosed Areas where smoking is prohibited under the provisions of this chapter.
(d) Any home, as defined in Section 3721.10(A) of the Ohio Revised Code, but only to the extent necessary to comply with Ohio R.C. 3721.13(A)(18) and rules promulgated according to that section.
(e) Retail tobacco stores as defined in Section 527.01(i) in operation prior to the effective date of this section. Any new retail tobacco store or any existing retail tobacco store that relocates to another site may only qualify for this exemption if located in a freestanding structure.
(f) Outdoor patios as defined in Section 527.01(d). If the outdoor patio has a structure capable of being enclosed by walls, covers, solid surface fencing, or tents, regardless of the materials or the removable nature of the walls, covers, solid surface fencing or tents, the space will be considered enclosed, when the walls, covers, fences, or tents are in place. All outdoor patios shall be physically separated from an Enclosed Area. If sliding or folding windows or doors or other windows or doors form any part of the border to the outdoor patio, the openings shall be closed to prevent the migration of smoke into the Enclosed Area. If sliding or folding windows or doors or other windows or doors will not prevent the migration of smoke into the Enclosed Area, the outdoor patio shall be considered an extension of the Enclosed Area and subject to the prohibitions of this chapter.
(g) Private Clubs as defined in Section 527.01(f) provided that both of the following apply:
(1) That there are no nonmembers present; and,
(2) That the Private Club is the holder of a valid D-4 liquor permit pursuant to Ohio R.C. 4303.17, if alcoholic beverages are to be served.
(Ord. 30-2004. Passed 9-7-04.)