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A. The owner of person in charge of a hotel or motel may designate up 25 percent of the sleeping rooms of the hotel or motel as rooms in which smoking is permitted.

B. Smoking of noncommercial tobacco products for ceremonial purposes is permitted in spaces designated for traditional ceremonies in accordance with the American Indian Religious Freedom Act, 42 U.S.C. 1996.

C. Smoking is permitted in a smoke shop.

D. Smoking is permitted in a cigar bar that generated on-site retail sales of cigars of at least $5,000 for the calendar year ending December 31, 2006.

E. A performer may smoke or carry a lighted smoking instrument that does not contain tobacco while performing in a scripted stage, motion picture or television production if:

1. The production is produced by an organization whose primary purpose is producing scripted productions; and

2. Smoking is an integral part of the production. (Ord. 3127, amended, 2016)