Section 11-291 Exemptions.

     (a) Except as otherwise provided in subsection (b), the restrictions of this article shall not apply to:

(1)    An entire room or hall which is used for private social functions, provided that the room or hall has a separate ventilation system or negative pressure vented to the outside and provided that no employees of the establishment are exposed to smoke;

(2)    A private, enclosed office that has a ventilation system that is not shared with non-smoking offices and that is occupied exclusively by smokers. This exemption does not apply to offices that are visited by members of the public or by non-smoking employees of the business.  This exemption shall not be construed to permit smoking in the reception areas of lobbies or offices or in any building owned or managed by the city with the exception of airport buildings that are leased or owned by private commercial enterprises. This exemption does not permit individuals to smoke in hazardous areas that may exist within any building;

(3)    Performers upon the stage, provided that the smoking is part of a theatrical production;

(4)    Retail stores which are used primarily to sell tobacco products and accessories and in which the sale of other products is merely incidental;

(5)    Membership associations that meet the following criteria:

a.    The association is a private, not for profit organization formed before April 1, 2006; and

b.    The association is organized primarily for the benefit of its members; and

c.    Association members pay dues; and

d.    The association is managed and operated by a board consisting entirely of its own members; and

e.    The association is organized primarily as a recreational, fraternal, athletic, military veteran, religious or kindred association; and

f.    The association is not primarily engaged in preparing and serving food or alcoholic beverages by the drink; and

g.    All operational duties of the association, other than professional duties, are performed by members of the association who are not compensated for performing such duties.

h.   This exemption shall not apply to any activities to which the general public is invited.

(6)    Patio areas of any restaurant, bar or other commercial establishment designated by the owner or operator of the business as a smoking area; provided, that no more than fifty percent (50%) of the patio area shall be designated as a smoking area and no area shall be designated as a smoking area if it must be crossed to obtain access to a nonsmoking area or a restroom.

    (b)     The proprietor or person having control of an area which is otherwise exempt from the provisions of this article may apply the provisions of this article to such area by posting a "No Smoking" sign or a sign with the international "No Smoking" symbol in the area in accordance with the provisions of section 11-293.

(Ord. No. 11375, § 1, 2-16-87; Ord. No. 12777, § 1, 10-22-90; Ord. No. 14736 § 1, 1-16-96; Ord. No. 19252. § 1, 10-9-06)

Editor's note - Ord. No. 19252, § 1, adopted October 9, 2006, which amended section 11-291 above, shall be in full force and effect from and after January 9, 2007.

(Ord. 19252, Amended, 10/09/2006, Prior Text)