6.20.050 Exceptions.
The provisions of this chapter shall not apply to:
(A) The outdoor areas of any building or facility beyond the access points of such building or facility;
(B) Private homes or residences, except when such home or residence is used as a day care home, as defined in K.S.A. 65-530, and amendments thereto;
(C) A hotel or motel room rented to one or more guests if the total percentage of such hotel or motel rooms in such hotel or motel does not exceed twenty percent (20%);
(D) The gaming floor of a lottery gaming facility or racetrack gaming facility, as those terms are defined in K.S.A. 74-8702, and amendments thereto;
(E) That portion of an adult care home, as defined in K.S.A. 39-923, and amendments thereto, that is expressly designated as a smoking area by the proprietor or other person in charge of such adult care home pursuant to Section 6.20.040(C) and that is fully enclosed and ventilated;
(F) That portion of a licensed long-term care unit of a medical care facility that is expressly designated as a smoking area by the proprietor or other person in charge of such medical care facility pursuant to Section 6.20.040(C) and that is fully enclosed and ventilated and to which access is restricted to the residents and their guests;
(G) Tobacco shops;
(H) A class “A” or class “B” club as defined in K.S.A. 41-2601, and amendments thereto, which:
(1) Held a license pursuant to K.S.A. 41-2606 et seq., and amendments thereto, as of January 1, 2009; and
(2) Notified the Secretary of Health and Environment in writing, not later than ninety (90) days after the effective date of the Kansas Clean Air Act, that it wished to continue to allow smoking on its premises; and
(3) Maintained the same licensed premises address which allowed smoking pursuant to this subsection. Any change of the licensed premises address of a class “A” or class “B” club will result in such club being subject to the provisions of this chapter;
(I) A private club in designated areas where minors are prohibited; and
(J) Vapor retailers. (Ord. 18-07 § 1, 2018; Ord. 15-10 § 2, 2015; Ord. 10-44 § 1, 2010; Ord. 06-97 § 1, 2006.)