O-2013-3475 amending City smoking regulations

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Ordinance No. 2013- �1 LJ Page 6 Sec. 34-57. Where smoking is not regulated. Notwithstanding any other provision of this article to the contrary, the following areas shall be exempt from the provisions of sections 34-52 and 34-53 of this Code: (1) Private residences, except when used as a childcare, adult day care, or health care facility. (2) Hotel and motel rooms that are rented to guests and are designated as smoking rooms; provided, however, that not more than thirty-five (35) percent of rooms rented to guests in a hotel or motel may be so designated. All smoking rooms on the same floor must be contiguous, and smoke from these rooms must not infiltrate into areas where smoking is prohibited under the provisions of this article. The status of rooms as smoking or nonsmoking may not be changed, except to add additional nonsmoking rooms. Signs shall be placed on the doors of each Smoking Room and on each No Smoking Room showing the designation of each room. Signs shall be in accordance with Sec. 34-59, Posting of signs. (3) Retail tobacco stores, provided that smoke from these establishments does not infiltrate into areas where smoking is prohibited under the provisions of this division. (4) Tobacco bars in operation on or before May 1, 2013 provided that the establishment clearly and conspicuously post a sign(s) at each entrance, in English, stating "SMOKING PERMITTED" in letters that shall have a height of not less than one (1) inch. (5) Private functions and/or private clubs (not otherwise open to the general public) for the sole benefit of and in facilities owned or operated by a non-profit organization that is tax- exempt under Section 501(c)(3) of the Internal Revenue Code. 6) Stage areas of enclosed theaters, if smoking is an integral part of a theatrical performance. (7) Bars, where the serving of alcoholic beverages for consumption by guests on the premises derives at least sixty (60) percent of annual gross revenues from the sale of alcoholic beverages for on premise consumption, including, but not limited to, any tavern, nightclub, cocktail lounge, or cabaret; and a. Entry is limited to anyone who is at least twenty-one (2 1) years of age; b. The establishment is sealed such that smoke from the establishment cannot infiltrate into areas where smoking is prohibited under the provisions of this division; C. A sign must be clearly and conspicuously posted at each entrance in English stating "SMOKING PERMITTED" in letters that shall have a height of not less than one (1) inch.