Sec. 66-73. - Areas where smoking and vaping are not prohibited.
The following areas shall not be subject to the smoking and vaping restrictions of this article:
(1) Private homes, private residences, and private vehicles; except that this subsection shall not apply if any such home, residence, or vehicle is being used for child care or day care or as a health care facility or if a private vehicle is being used for the public transportation of children or as part of health care or day care transportation in which case smoking and vaping are prohibited.
(2) Any tobacco business.
(3) Private and semiprivate rooms or apartments in assisted living residences that are occupied by one or more persons who have all requested in writing to be placed in a room where smoking or vaping is permitted; provided that smoke or vapor from such rooms or apartments does not infiltrate into areas where smoking or vaping is prohibited under the provisions of this article.
(4) All places of employment of any manufacturer, importer, wholesaler or distributor of tobacco products, of any tobacco leaf dealer or processor, and all tobacco storage facilities.
(5) Cigar bars, limited only to the smoking of cigars.
(6) Hookah bars, limited only to the smoking of hookahs.
(7) Private and semi-private rooms in nursing homes and other long-term care facilities that are occupied by one or more persons who have all requested in writing to be placed in a room where smoking or vaping is permitted; provided that smoke or vapor from such rooms or apartments does not infiltrate into areas where smoking or vaping is prohibited under the provisions of this article.
(8) Designated smoking or vaping sections of outdoor seating, serving areas, balconies, and courtyards of bars, restaurants, casinos, and facilities licensed and regulated for the operation of slot machines, pari-mutuel wagering facilities, and off-track wagering facilities pursuant to the provisions of Chapter 4 and 11 of Title 4 and Chapters 4, 5, 6, and 7 of Title 27 of the Louisiana Revised Statutes of 1950.
(9) The sidewalks, streets, balconies, and public rights of way along Bourbon Street from Canal Street to Esplanade Avenue.
(10) Any electronic smoking device business as defined in section 66-36 including but not limited to retail, wholesale, and manufacturing facilities primarily engaged in sales of electronic smoking devices or their components.
(11) Convention facilities during the time such facilities are being used for professional meetings and trade shows which are not open to the public that are produced or organized by tobacco or electronic smoking device businesses or convenience store associations where tobacco products are displayed and limited to the location of such meetings or shows and during the time such facilities are used by a carnival organization, traditionally known as a krewe or a courir de Mardi Gras for the purpose of the conduct of a Mardi Gras ball and limited to the location of such ball.
(12) Enclosed, semi-enclosed and non-enclosed areas in hotels and motels and other such similar facilities during the time these areas are being used exclusively for private functions related to professional meetings and trade shows which are not open to the public that are produced or organized by tobacco or electronic smoking device businesses, such that the areas are under the control of the sponsor or organizer of the function and where the general public may not attend.
(M.C.S., Ord. No. 26201, § 1, 1-22-15; M.C.S., Ord. No. 26340, § 1, 4-9-15, eff. 4-22-15; M.C.S., Ord. No. 26366, § 1, 4-9-15, eff. 4-22-15)
