§ 17-81. Exemptions.

The following areas are exempt from and shall not be subject to the smoking restrictions of these regulations:

(1)

Bars, including any bar within a restaurant, so long as the serving of food both adjacent to and surrounding the bar area, is only incidental to the consumption of alcoholic beverages and provided there is adequate exhaust ventilation in accordance with section 17-104(b);

(2)

Private residences, except when a child care or health care facility is operated therein; provided, however that a common area of a multiple dwelling which contains ten (10) or more units shall be subject to smoking restrictions when it is a place of employment or a public place;

(3)

Hotel and motel rooms occupied by or available for occupancy by guests provided there is adequate exhaust ventilation in accordance with section 17-104(a);

(4)

Retail stores which are designed and arranged to accommodate fifty (50) or fewer persons, as provided in section 17-71(4), and provided there is adequate exhaust ventilation in accordance with section 17-104(b);

(5)

Tobacco businesses provided there is adequate exhaust ventilation in accordance with section 17-104(b);

(6)

Private automobiles;

(7)

Private, enclosed offices. provided there is adequate exhaust ventilation in accordance with section 17-104(a);

(8)

Enclosed areas in restaurants, catering halls, convention halls, hotel and motel conference rooms and other such similar facilities during the time these enclosed areas or rooms are being used exclusively for private functions, such that the seating arrangements are under the control of the sponsor or organizer of the function and not the person who owns, operates or manages such facility provided there is adequate exhaust ventilation in accordance with section 17-104(a);

(9)

Restaurants with an indoor seating capacity of fifty (50) patrons or fewer, except as provided in section 17-71(5), and provided there is adequate exhaust ventilation in accordance with section 17-104(b).

(Res. No. 80006, § 3.1, 7-12-95)