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

    1.    Private residences, unless used as a child care or health care facility;

    2.    Retail tobacco stores that deal exclusively in the sale of tobacco and smoking paraphernalia unless minors are allowed access. If minor access is allowed, then smoking shall be prohibited;

    3.    Twenty-five (25) percent of hotel and motel rooms rented to guests, provided that each hotel and motel designates not less than seventy-five (75) percent of their guest rooms as nonsmoking rooms and removes ashtrays and matches from these rooms;

    4.    Bars and gaming clubs as defined by Section 6.72.020 of this chapter until January 1, 1998, the date by which the standards board or Environmental Protection Agency must adopt standards prescribed for reducing employee exposure to ETS in order to permit continuance of the exemption for bars and taverns and gaming clubs as stated in Section 6404.5 of the California Labor Code as amended on February 23, 1996.

    B.    Notwithstanding any other provision of this section, any owner, operator, manager or other person who controls any establishment or facility may declare that entire establishment or facility as a nonsmoking establishment. (Ord. 98-6 § 1 (part))