Code of the District of Columbia

§ 7–741.03. Exemptions.

(a) The following places shall be exempt from the provisions of this subchapter:

(1) A retail store that is used primarily for the sale of tobacco products and accessories in which the total annual revenue generated by the sale of non-tobacco products or accessories is no greater than 25% of the total revenue of the establishment; provided, that it does not share space with any other establishment;

(2) A tobacco bar;

(3) An outdoor area of a restaurant, tavern, club, brew pub, or nightclub;

(4) A hotel room or motel room rented to one or more guests;

(5) A medical treatment, research, or nonprofit institution where the activity of smoking is conducted for the purpose of medical research or is an integral part of a smoking cessation program; and

(6) Theatrical productions.

(b) A hotel licensed under § 25-113 shall be exempt from the provisions of this part once a year for one day for the purposes of hosting a special event which permits cigar smoking; provided, that the hotel shall:

(1) Notify the Department of Health in writing in advance of the event;

(2) Pay a fee of $2,500 to be remitted to the Regulatory Enforcement Fund as established under § 7-732 [repealed]; and

(3) Permit employees to opt out of working the special event with no penalty.