§ 9.11.060. Where smoking not regulated.

A.

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

1.

Bars;

2.

A private residence, including an attached or detached garage, whether or not the residence is utilized for office or other business purposes, except when such residence is operated as a licensed or unlicensed day care or group home facility for children or the elderly or as a licensed or unlicensed health care facility;

3.

Hotel and motel rooms rented to guests;

4.

Tobacco stores, whether operated as a separate business entity or as a physically separated facility within a department store or other business entity;

5.

Private clubs during events attended exclusively by members of the organization and their invited guests and from which members of the general public are excluded;

6.

Within conference/meeting rooms, public and private assembly rooms, banquet rooms, dining rooms or common areas of restaurants, hotels and motels, while these places are occupied for private functions which only persons specially invited are entitled to attend and from which members of the general public are excluded;

7.

Bowling alleys and bowling centers which have complied with the requirements of Section 9.11.070 (C);

8.

Restaurants which have complied with the requirements of Section 9.11.070 (C);

9.

Card rooms licensed by the county of Madera.

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 that entire establishment, or any portion thereof, as a nonsmoking establishment.

(Ord. 550 § 1(part), 1993).