Section 7-741.03 - 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;(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of the event;(2) Pay a fee of $2,500 to be remitted to the Regulatory Enforcement Fund as established under § 7-732 [repealed]; and(3) Permit employees to opt out of working the special event with no penalty.Amended by D.C. Law 24-219, § 2 , 69 DCR 013962, eff. 12/21/2022, exp. 8/3/2023.Amended by D.C. Law 24-556, § 2 , 0 DCR 0, eff. 10/17/2022, exp. 1/15/2023.Amended by D.C. Law 24-100, § 2 , 69 DCR 000595, eff. 3/15/2022, exp. 10/26/2022.Amended by D.C. Law 24-251, § 2 , 68 DCR 014065, eff. 12/22/2021, exp. 3/22/2022.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.