§ 34-475. Where smoking is not regulated.

Notwithstanding any other provision of this article to the contrary, the following shall not be subject to the smoking restrictions of this article:

(a)

Private residences, not serving as enclosed places of employment or enclosed public places;

(b)

Twenty-five percent of hotel and motel rooms may be permanently designated as smoking rooms or a higher percentage adjusted by the hotel or motel when on a given date it has a 75 percent or greater occupancy rate due to the booking of guests for conventions or meetings and needed to meet the demands of the convention or meeting, provided the hotel or motel cleans those added rooms in a manner sufficient to remove the odor and particulate residue of smoking from those rooms before they are again occupied as non-smoking rooms.

(c)

Any location where this ordinance is not yet in effect pursuant to section 34-480.

(d)

Business establishment where more than 80 percent of the volume of trade or business carried on is that of the blending of tobaccos, or the sale of tobaccos, pipes, cigars or smokers' sundries and smoking-related paraphernalia, provided that:

(1)

The establishment is the sole occupant of a building that stands alone from other buildings; or

(2)

Has separate heating, ventilation and air conditioning equipment that vents or exchanges air outside of the building or structure in which the business establishment is situated which prevents the mixing of air from the establishment with air from the other portions of the premises where smoking is prohibited under the provisions of this article; and

(3)

Does not allow those under the age of 18 years old into the areas where the possession of lighted smoking materials occurs.

This subsection shall not apply to a business that sells or serves foods or alcoholic beverages.

(Ord. No. 080073, § 4, 1-17-08; Ord. No. 080910, § 1, 9-25-08)