The following places shall be exempt from the provisions of this subchapter: 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; A tobacco bar; An outdoor area of a restaurant, tavern, club, brew pub, or nightclub; A hotel room or motel room rented to one or more guests; 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 Theatrical productions. 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: Notify the Department of Health in writing in advance of the event; Pay a fee of $2,500 to be remitted to the Regulatory Enforcement Fund as established under § 7-732 [repealed]; and Permit employees to opt out of working the special event with no penalty.
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