D.C. Code § 7-741.03(Perm): Exemptions.

*NOTE: This codification is not the most current, due to recent law changes. To see the current law (including emergency and temporary legislation, if relevant) click this link: Current 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; 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Pay a fee of $2,500 to be remitted to the Regulatory Enforcement Fund as established under § 7-732 [repealed]; and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.