5-11-11: WHERE SMOKING IS NOT REGULATED:

Notwithstanding any other provision of this chapter to the contrary, the following areas shall be exempt from the provisions of sections 5-11-8, 5-11-9 and 5-11-10 of this chapter:

   A.   Private residences, unless used as a child care, adult daycare or health care facility, or as a home office that is accessible to one or more employees or members of the public.

   B.   Privately owned outdoor spaces legally accessible only to persons age twenty one (21) and over, including rooftop patios and courtyards of bars, but not including sidewalk cafes. Any such privately owned outdoor spaces established consistent with all applicable building and zoning codes existing at the time of the effective date hereof shall be exempt from the twenty foot (20') rule in subsection 5-11-10F of this chapter.

   C.   An "exclusive retail tobacconist", as defined in section 5-11-6 of this chapter.

   D.   American Indian/Alaska native ceremonies. A religious ceremony using a traditional pipe under this section is subject to any applicable State or local law, except as provided in this section. A person is exempt from the restrictions of this chapter if the person:

      1.   Is a member of an American Indian/Alaska native tribe whose members are recognized as eligible for the special programs and services provided by the United States to American Indians/Alaska natives who are members of those tribes; and

      2.   Is an American Indian/Alaska native who actively practices an American Indian/Alaska native religion, the origin and interpretation of which is from a traditional American Indian/Alaska native culture; and

      3.   Is smoking tobacco using the traditional pipe of an American Indian/Alaska native tribal religious ceremony, of which tribe the person is a member, and is smoking the pipe as part of that ceremony; and

      4.   The ceremony is conducted by a pipe carrier, American Indian/Alaska native spiritual person, or medicine person recognized by the tribe of which the person is a member and by the American Indian/Alaska native community. (1952 Code § 6-23-09)