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Section 9.24.060 is amended as follows: <br /> 9.24.060 Optional smoking areas. <br /> A. Notwithstanding Sections 9.24.040 and 9.24.050 to the contrary, the <br /> following areas shall not be subject to the smoking restrictions of this chapter: <br /> 1. Private residences, except when: (a) such residence is used at any time <br /> as a family day care home or a health care facility; or (b) such residence is a rental unit <br /> of two of more connected rental units under common ownership and subject to the <br /> smoking restrictions of Chapter 9.26; and in the event of a conflict between the <br /> Chapters 9.24 and 9.26 the stricter restrictions on smoking shall apply. <br /> 2. Retail tobacco stores. <br /> 3. Outdoor areas a reasonable distance from any area designated <br /> nonsmoking in this chapter. <br /> B. Notwithstanding any other provision of this section, any owner, operator, <br /> manager or other person who controls any establishment described in this section may <br /> declare that entire establishment as a nonsmoking establishment. <br /> // <br />