§ 7-191. Where smoking not regulated.

The following areas and places shall not be subject to and are exempt from the smoking restrictions and prohibitions of sections 7-187 and 7-188:

(1)

Not more than twenty (20) percent of rooms in a hotel or motel rented to guests and designated as smoking rooms. All such smoking rooms shall be contiguous and smoke from these rooms must not infiltrate into areas where smoking is prohibited under the provisions of this article, including, but not limited to, common areas of such establishment or facility and the nonsmoking rooms rented to guests. The status of rooms as smoking or nonsmoking may not be changed, except to add additional nonsmoking rooms.

(2)

Private clubs, except when being used for a function which is open to the general public or to which the general public is invited; provided that smoke from such clubs does not infiltrate into areas where smoking is prohibited under the provisions of this article. This exemption shall not apply to any organization that is established for the purpose of avoiding compliance with this article.

(3)

Private residences, except when any part thereof is used as a childcare, adult daycare, or health care facility or bed and breakfast lodge.

(4)

Outdoor areas of places of employment except those covered by the provisions of section 7-189 and/or the outdoor smoking distance provisions of section 7-190.

(5)

Casino gaming area within a licensed casino located within the Entertainment-Gaming (EG) zoning district.

(6)

Bars, provided that this exemption shall not apply to any bar that allows anyone under the age of twenty-one (21) on its premises.

(7)

A designated "smoking room" located beyond the security checkpoint within the terminal of a municipal or regional airport facility, as such airport is defined under MCA 1972, § 61-3-3, as amended, which room serves as a separate, sealed room beyond the security checkpoint used for the sole purpose of smoking and which shall, in addition to any other requirements in this article, comply with all signage requirements, be enclosed by physical barriers that are impenetrable by smoke and prevent the escape of smoke into other areas of the airport terminal facility, have self-closing, tight-fitting doors for all entrances and exits, must exhaust tobacco smoke directly to the outside and away from air intake ducts, and be on a separate ventilation system from areas where smoking is permitted and be maintained under negative pressure with respect to surrounding spaces and areas in order to contain tobacco smoke solely within the room.

(Ord. No. 2579, § 7, 3-18-08)