§ 14-65. Exceptions.

(a)

Notwithstanding any other provision of this article, the following areas shall be exempt from the smoking prohibition set forth in section 14-64:

(1)

Private residences, except when used as a licensed child care, 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 20 percent of rooms rented to guests in a hotel or motel may be so designated;

(3)

Retail tobacco stores, provided that secondhand smoke from such stores does not infiltrate into areas where smoking is prohibited under the provisions of this chapter;

(4)

Long-term care facilities as defined in O.C.G.A. § 31-8-81(3);

(5)

Outdoor areas of places of employment;

(6)

All workplaces of any manufacturer, importer, or wholesaler of tobacco products, of any tobacco leaf dealer or processor, all tobacco storage facilities, and any other entity set forth in O.C.G.A. § 10-13A-2;

(7)

Bars and restaurants to which access is denied to any person under the age of 18 and that do not employ any individual under the age of 18.

(8)

Smoking areas designated by an employer which shall meet the following requirements:

a.

The smoking area shall be located in a non-work area where no employee, as part of his or her work responsibilities, shall be required to enter, except such work responsibilities shall not include custodial or maintenance work carried out in the smoking area when it is unoccupied;

b.

Air handling systems from the smoking area shall be independent from the main air handling system that serves all other areas of the building and all air within the smoking area shall be exhausted directly to the outside by an exhaust fan of sufficient size and capacity for the smoking area and no air from the smoking area shall be recirculated through or infiltrate other parts of the building; and

c.

The smoking area shall be for the use of employees only.

The exemption provided for in this paragraph shall not apply to restaurants and bars;

(9)

Common work areas, conference and meeting rooms, and private offices in private places of employment, other than medical facilities, that are open to the general public by appointment only; except that smoking shall be prohibited in any public reception area of such place of employment; and

(10)

Private clubs, military officer clubs, and noncommissioned officer clubs.

(11)

Existing retail tobacco stores in the Broad Street District, provided that secondhand smoke from such stores does not infiltrate into areas where smoking is prohibited under the provisions of this article.

(12)

Existing retail electronic smoking device/vape stores in the Broad Street District, provided that secondhand vapor from such stores does not infiltrate into areas where smoking is prohibited under the provisions of this article.

(13)

Public places and place of employment declared to be smoking environments by displaying appropriate signage as outlined in section 14-66 of this article.

(b)

In order to qualify for exempt status under subsection (a) of this Code section, any area described in subsection (a) of this Code section, except for areas described in paragraph (1) of subsection (a) of this Code section, shall post conspicuously at every entrance a sign indicating that smoking is permitted.

(Ord. No. 04-6-1, § I, 6-7-04; Ord. No. 2019-2-1, § I, 2-11-19)