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Unless otherwise prohibited by law, smoking is permitted in the following enclosed and/or unenclosed places:

A. Significant tobacco retailers in existence as of May 20, 2010, provided within six months of the effective date a dedicated ventilation system is installed and operational; and provided, that minors are at all times prohibited from entering the store. If the condition of the required ventilation system is not met within the specified time then this exception will be null and void.

B. Private residential units, except those used as a child care or health care facility subject to licensing requirements.

C. Up to twenty-five percent of hotel and motel guest rooms, if the hotel or motel permanently designates particular guest rooms as nonsmoking rooms such that seventy-five percent or more of its guest rooms are nonsmoking and ashtrays and matches are permanently removed from such nonsmoking rooms. Permanent “no smoking” signage shall be posted in nonsmoking rooms.

D. Any outdoor area in which no nonsmoker is present and, due to the time of day or other factors, it is not reasonable to expect another person to arrive. (Ord. 1613 § 4, 2015; Ord. 1545 § 1 (part), 2010)