This article does not apply to:
(1) A dwelling unit, as defined in section
28.01.004, that is used exclusively for private residential use;
(2) A hotel or motel room that is ordinarily used for sleeping and is
designated as a smoking room, except that no more than twenty-five
(25) percent of the rooms in a hotel or motel rented to guests may
be designated as smoking rooms;
(3) A retail tobacco store that is mechanically ventilated to prevent
smoke from entering a nonsmoking area;
(4) A facility operated by a fraternal organization for a charitable,
benevolent, or educational function if the facility is controlled
by the organization and operated exclusively for the benefit of the
membership;
(5) An outdoor area of a public place that is not in the area described by subsection
10.03.032(d) (smoking prohibited);
(8) Participants in an authorized theatrical performance.
(Ordinance 06-022, sec. 1, adopted 4/25/06; 1978 Code, sec. 4-9)
A person may smoke within twenty-five (25) feet of an entrance
to a restricted smoking facility if:
(1) The entrance is not a primary public pedestrian entrance to the premises;
or
(2) The distance between the entrance and the adjacent roadway is less
than twenty-five (25) feet.
(Ordinance 06-022, sec. 1, adopted 4/25/06; 1978 Code, sec. 4-10)