*NOTE: This section includes amendments by emergency legislation that will expire on January 15, 2023. To view the text of this section after the expiration of all emergency and temporary legislation affecting this section, click this link: Permanent Version.*
(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;
(6) Theatrical productions;
(7) The establishment occupying the ground level of 1120 9th Street, N.W.
(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(2) Pay a fee of $2,500 to be remitted to the Regulatory Enforcement Fund as established under § 7-732 [repealed]; and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.