§ 36-7. Where smoking not regulated.

Notwithstanding any other provision of this chapter to the contrary, the following areas shall be exempt from the provisions of sections 36-3, 36-4, and 36-6:

(1)

Hotel and motel rooms that are rented to guests and are designated as smoking rooms; provided, however, that not more than twenty-five (25) percent of rooms rented to guests in a hotel or motel may be so designated;

(2)

Outdoor areas except those listed specifically in the provisions in section 36-6;

(3)

Outdoor seating areas of restaurants designated as smoking areas in accordance with subsection 36-10(d);

(4)

Private clubs in existence as of the effective date of this chapter, and as defined in section 36-1, including Veterans of Foreign War (VFW) posts;

(5)

Private residences, except when used as a child care, adult day care, or health care facility;

(6)

Retail tobacco stores; provided, however, that smoke from these places does not infiltrate into areas where smoking is prohibited under the provisions of this chapter; and

(7)

Tobacco product manufacturing facilities.

(Ord. No. 2010-08-19-0697, § 1, 8-19-10)