§ 10-6-3. EXEMPTIONS.

(A)

This chapter does not apply to:

(1)

a dwelling unit, as defined in Section 25-1-21(35) ( Definitions ), that is used exclusively for a residential use, as defined in Section 25-2-3 ( Residential Uses Described );

(2)

a hotel or motel room designated as a smoking room and rented to a person, provided that the hotel or motel complies with Section 10-6-4 ( Designation of Smoking Rooms by Hotel and Motel Restricted );

(3)

a retail tobacco store;

(4)

a private or semi-private room in a nursing home or long-term care facility that is occupied by individuals who smoke and have requested in writing to be placed in a room where smoking is permitted;

(5)

an outdoor area of a workplace that is not in the area described by Section 10-6-2(D) ( Smoking Prohibited ) provided, however, that this exemption does not apply to a park;

(6)

a bingo facility operated under the Bingo Enabling Act, Chapter 2001 of the Occupations Code, if:

(a)

an enclosed non-smoking area is provided;

(b)

the smoking area is mechanically ventilated to prevent smoke from entering a non-smoking area; and

(c)

no one under the age of 18 is admitted to the smoking area;

(7)

a facility operated by a fraternal organization for a charitable, benevolent, or educational function if the premises is controlled by the organization; and

(8)

a business premise that was issued a restricted permit by the city on or before November 2, 2004.

(9)

those areas in parks that are specified in a permit issued by the Parks and Recreation Department authorizing smoking for filming purposes only and during filming by actors only;

(10)

people playing golf on golf courses between the tee of the first hole and the end of the green for the final hole; and

(11)

temporary designated smoking areas in a park for special events where the Director recommends approval of, and the City Council has approved, the temporary designated smoking area.

(B)

In making the recommendation in 10-6-3(11), the Director will consider the impact on the surrounding neighborhood and other park patrons, any problem related to smoking that granting the exemption might create, a clean- up agreement made by the person requesting the exemption, and citizen input determined relevant by the Director.

Source: Ord. 20050303-05; Ord. 20111215-019.