§ 94.06 WHERE SMOKING NOT REGULATED.
   Notwithstanding any other provision of this chapter to the contrary, the following areas shall be exempt from the provisions of §§ 94.04 and 94.05 of this chapter.
   (A)   Private residences, except when used as a licensed child care, adult day care, or health care facility.
   (B)   Hotel and motel rooms that are rented to guests and are designated as smoking rooms; provided, however, that no more than 20% of rooms rented to guests in a hotel or motel may be so designated. All smoking rooms on the same floor must be contiguous and smoke from these rooms must not infiltrate into areas where smoking is prohibited under the provisions of this chapter. The status of rooms as smoking and nonsmoking may not be changed, except to add additional nonsmoking rooms.
   (C)   Retail tobacco stores, provided that smoke from these places does not infiltrate into areas where smoking is prohibited under the provisions of this chapter.
   (D)   Private and semi-private rooms in nursing homes and long-term care facilities that are occupied by one or more persons, all of whom are smokers and have requested in writing to be placed in a room where smoking is permitted; provided that smoke from these places does not infiltrate into areas where smoking is prohibited under the provisions of this chapter.
   (E)   Private clubs, as defined in this chapter, except when being used for a function to which the general public is admitted.
   (F)   Outdoor areas of places of employment.
(Ord. 909, passed 2-2-09; Am. Ord. 2810, passed 10-4-10)