Kingdom City Where Smoking Not Regulated ordinance (§ 235.060)

A. Notwithstanding any other provision of this Chapter to the contrary, the following areas shall be exempt from the provisions of this Chapter:

1. Private residences, except when used as a licensed child care, licensed adult day care, or licensed health care facility.

2. Private vehicles.

3. Hotel and motel rooms that are rented to guests and are designated as smoking rooms; provided, however, that not more than twenty percent (20%) of rooms rented to guests in a hotel or motel may be so designated.

4. Private and semi-private rooms in nursing homes and long-term care facilities that are occupied by one (1) or more persons, all of whom are smokers and have requested to the management thereof in writing to be placed in a room where smoking is permitted.

5. Outdoor areas of places of employment not otherwise prohibited by this Chapter.

6. Retail tobacco stores as defined in Section 235.010 of this Chapter in operation prior to the effective date of this Chapter (5-14-2019). Any new retail tobacco store or any existing retail tobacco store that relocates to another site may only qualify for this exemption if either: (a) it is located in a freestanding structure occupied solely by the business, or (b) it: (i) is completely enclosed on all sides by solid walls extending from the floor to the underside of the floor or roof deck above; (ii) complies with all applicable fire and building code requirements; and (iii) has a separate ventilation system whereby the air from such space is immediately exhausted to an outdoor area rather than being recirculated inside, and is negatively pressurized to prevent back streaming of secondhand smoke into adjoining areas located in a freestanding structure, and (c) it has posted at every entrance signage at a height and location conspicuous to persons entering the establishment, with primary lettering of not less than one (1) inch in height clearly stating: "WARNING! Secondhand smoke causes coronary heart disease, lung cancer, and premature death, according to the Surgeon General of the United States." Retail tobacco stores as defined in Section 235.010 of this Chapter in operation prior to the effective date of this Chapter (5-14-2019) shall, however, also be required to post the foregoing-described signage at every entrance at a height and location conspicuous to persons entering the establishment, with primary lettering of not less than one (1) inch in height in order to remain exempt under this Section.

7. Patio areas of any restaurant, bar or other commercial establishment designated by the owner or operator of the business as a smoking area; provided, that no more than fifty percent (50%) of the patio area shall be designated as a smoking area and no area shall be designated as a smoking area if it must be crossed to obtain access to a non-smoking area or a restroom.

8. Private clubs except when a private club is being used for as the site of a meeting, event or activity that is open to the public, including but not limited to operating a bingo facility.