§ 7–741.03(Perm). 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(2) Pay a fee of $2,500 to be remitted to the Regulatory Enforcement Fund as established under § 7-732 [repealed]; and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.

(Oct. 3, 2001, D.C. Law 14-28, § 4917; as added Apr. 4, 2006, D.C. Law 16-90, § 2(b), 53 DCR 1087; Sept. 14, 2011, D.C. Law 19-21, § 5102, 58 DCR 6226.)

Prior Codifications

2001 Ed., § 7-743.

Effect of Amendments

D.C. Law 19-21 designated the existing text as subsec. (a); and added subsec. (b).

Emergency Legislation

For temporary (90 day) amendment of section, see § 2 of Special Event Exemption Emergency Amendment Act of 2010 (D.C. Act 18-326, March 9, 2010, 57 DCR 2200).

For temporary (90 day) amendment of section, see § 5042 of Fiscal Year 2012 Budget Support Emergency Act of 2011 (D.C. Act 19-93, June 29, 2011, 58 DCR 5599).

For temporary (90 day) amendment of section, see § 3 of Revised Fiscal Year 2012 Budget Support Technical Clarification Emergency Amendment Act of 2011 (D.C. Act 19-157, October 4, 2011, 58 DCR 8688).

Temporary Legislation

Section 2 of D.C. Law 18-167 designated the existing text as subsec. (a) and added subsec. (b) to read as follows:

“(b) A hotel licensed under D.C. Official Code § 25-113(e) 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:

“(1) Notifies the Department of Health in writing in advance of the special event;

“(2) Has a ballroom or special event catering space with an occupancy of 500 or more persons;

“(3) Permits employees to opt out of working the special event with no penalty; and

“(4) Pays a fee of $250 to be remitted to the Department of Health Regulatory Enforcement Fund established under section 4903.”.

Section 4(b) of D.C. Law 18-167 provided that the act shall expire after 225 days of its having taken effect.

Section 3 of D.C. Law 19-53 rewrote subsec. (b) to read as follows:

“(b) A hotel licensed under D.C. Official Code § 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 that permits cigar smoking; provided, that the hotel shall:

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

“(2) Have a ballroom or special-event-catering space with an occupancy of 500 or more persons;

“(3) Pay a fee of $250 to be remitted to the Regulatory Enforcement Fund as established under section 4903;

“(4) Permit employees to opt out of working the special event with no penalty; and

“(5) Have been the recipient of a similar exemption between January 1, 2008, and October 1, 2011.”.

Section 15(b) of D.C. Law 19-53 provided that the act shall expire after 225 days of its having taken effect.

Short Title

Short title: Section 5101 of D.C. Law 19-21 provided that subtitle K of title V of the act may be cited as “Special Events Exemption Amendment Act of 2011”.