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A. Notwithstanding any other provision of this chapter to the contrary, the following areas shall not be subject to the smoking restrictions of this chapter:

1. Bars which meet the requirements of BMC 8.10.020(A);

2. Private residences when used as a child care, adult daycare, or health care facility or areas frequented by the public for business purposes;

3. Twenty-five (25) percent of hotel and motel rooms available for rental to guests;

4. Retail tobacco stores;

5. Restaurants, hotel and motel conference or meeting rooms and public and private assembly rooms while these places are being used for private functions;

6. Religious or cultural ceremonies;

7. On a stage or similar structure during the presentation or play or other dramatic or entertainment event when smoking by an actor or entertainer is required as part of the presentation;

8. Employers may provide an enclosed area where employees may smoke if the following conditions are met: the ventilating system for the smoking area does not exhaust into the nonsmoking area of the building; the smoking area environment must meet the applicable proposed standards set forth in CER 59 or such standards as may be adopted following the comment period for the proposed standards and an enclosed area with equal accommodations must be provided for nonsmoking employees.

B. Notwithstanding any other provision of this section, any owner, operator, manager or other person who controls any establishment described in this section may declare all or any part of the enclosed areas of the establishment that are not otherwise subject to the smoking restrictions of this chapter to be nonsmoking areas and smoking is prohibited in such areas upon the posting of “no smoking” signs meeting the requirements of BMC 8.10.080. [Ord. 98-07 § 2.]