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smoking is prohibited to any employee <br />requesting such signs for the purpose of <br />identifying ~ or her work area as a no- <br />smoking area. Signs indicating that smoking <br />is prohibited, in elevators, stairwells, <br />escalators and hallways shall be posted in <br />elevators, elevator lobbies on each floor, <br />and stairwell and escalator entrances on <br />each floor. <br />(3) Ashtrays: Ashtrays shall be removed <br />from areas where smoking is prohibited, <br />except that an ashtray may be placed by the <br />entrance of a no-smoking area provided that <br />such area is clearly marked as a no-smoking <br />area. <br />(4) Enforcement: Persons smoking in <br />violation of the employer's smoking policy or <br />this Chapter shall be requested to stop. <br />(5) Resolution of Disputes: In any dispute <br />arising under the employer's smoking policy <br />or this Chapter, the rights of the nonsmoker <br />shall be given preference over the smoker's <br />desire to smoke. <br />(6) Non-discrimination: No employer shall <br />discharge, refuse to hire or in any manner <br />discriminate against any employee or <br />applicant for emplo~nent because such <br />employee or applicant exercises on behalf of <br />himself, herself or. others any rights <br />afforded him or her by the employer's smoking <br />policy or by this Chapter. <br /> <br />523.04 EXEMPTIONS. <br /> <br />The restrictions in Section <br />shall not apply to: <br /> <br />523..02 and 523.04 <br /> <br /> (a) An entire room or hall which is being <br /> used for a private social function, provided <br /> that the seating arrangements are under the <br /> control of the sponsor of the function and <br /> not of the proprietor or person in charge of <br /> the place; <br />(b) a limousine for hire, or taxicab or <br />police patrol car where the driver and all <br />passengers affirmatively consent to smoking <br />in such vehicle; <br /> (c) retail tobacco store; <br />(d) any private room in a health care <br />facility, or any semi-private room in a <br />health-care facility if both occupants have <br />requested in writing to be placed in a room <br />where'smoking is permitted. <br /> (e) bars; <br />(f) an eating establishment that seats fewer <br />than thirty (30) people provided that a sign <br />stating that a no-smoking area is not <br />available is conspicuously posted on all <br />public entrances or in a position clearly <br />visible on entry into the establishment. <br />(g) private residence except those portions <br />of a private residence used as a child-care <br />or health-care facility or serving as a place <br />of employment. <br />(h) a single room in a place within <br />divisions (a) (4) and (a) (9) through (a') (11) <br />of Section 523.02 provided that (1) such <br />room is not normally used by members of the <br /> <br /> <br />