Prior to the adoption of Ord. 19252 on 10/09/2006, Section 11-291 read as follows.

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

(1)     Areas which are specifically designated as smoking areas in accordance with this article;

(2)     An entire room or hall which is used for private social functions, provided that the seating arrangements are under the control of the sponsor of the function and not of the proprietor or person in charge of the place 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 ;

(3)    Limousines for hire and taxicabs, when the driver and all passengers affirmatively consent to smoking in such vehicle;

( 4 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 . , even though such office may be visited by non-smokers, except where smoking is otherwise prohibited by law, and provided that This exemption does not apply to offices that are visited by members of the public or by non-smoking employees of the business.   t T his 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 . , provided that   t T his exemption does not permit individuals on said premises to smoke in hazardous areas that may exist within said any buildings;

(5)    Hospitals may accommodate smoking patients by providing smoking patient rooms;

( 6 3 )    Performers upon the stage, provided that the smoking is part of a theatrical production;

( 7 4 )     Places where more than fifty (50) percent of the volume of trade or business carried on is that of the blending of tobaccos, or sale of tobaccos, pipes, cigars or smokers' sundries Retail stores which are used primarily to sell tobacco products and accessories and in which the sale of other products is merely incidental ;

(8)    Restaurants which seat fewer than fifty (50) persons and which conspicuously post notice that non-smoking areas are unavailable;

(9)    Bars, taverns, lounges.

(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)