§ 7–741.03. Exemptions.

*NOTE: This section includes amendments by temporary legislation that will expire on August 3, 2023. To view the text of this section after the expiration of all emergency and temporary legislation affecting this section, click this link: Permanent Version.*

(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;

(2) A tobacco bar;

(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;

(6) Theatrical productions;

(7) The establishment occupying the ground level of 1120 9th Street, N.W.

(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(2) Pay a fee of $2,500 to be remitted to the Regulatory Enforcement Fund as established under § 7-732 [repealed]; and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.

(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; Dec. 21, 2022, D.C. Law 24-219, § 2, 69 DCR 13962.)

Prior Codifications

2001 Ed., § 7-743.

Effect of Amendments

D.C. Law 19-21 designated the existing text as subsec. (a); and added subsec. (b).

Emergency Legislation

For temporary (90 days) amendment of this section, see § 2 of Department of Health Functions Clarification Emergency Amendment Act of 2022 (D.C. Act 24-556, Oct. 17, 2022, 0 DCR 0).

For temporary (90 days) amendment of this section, see § 2 of Department of Health Functions Clarification Emergency Amendment Act of 2021 (D.C. Act 24-251, Dec. 22, 2021, 68 DCR 014065).

For temporary (90 days) amendment of this section, see § 2(b) of Department of Health Functions Clarification Emergency Amendment Act of 2019 (D.C. Act 23-83, July 16, 2019, 66 DCR 8272).

For temporary (90 day) amendment of section, see § 2 of Special Event Exemption Emergency Amendment Act of 2010 (D.C. Act 18-326, March 9, 2010, 57 DCR 2200).

For temporary (90 day) amendment of section, see § 5042 of Fiscal Year 2012 Budget Support Emergency Act of 2011 (D.C. Act 19-93, June 29, 2011, 58 DCR 5599).

For temporary (90 day) amendment of section, see § 3 of Revised Fiscal Year 2012 Budget Support Technical Clarification Emergency Amendment Act of 2011 (D.C. Act 19-157, October 4, 2011, 58 DCR 8688).

Temporary Legislation

For temporary (225 days) amendment of this section, see § 2 of Department of Health Functions Clarification Temporary Amendment Act of 2022 (D.C. Law 24-219, Dec. 21, 2022, 69 DCR 13962).

For temporary (225 days) amendment of this section, see § 2 of Department of Health Functions Clarification Temporary Amendment Act of 2021 (D.C. Law 24-100, Mar. 15, 2022, 69 DCR 000595).

For temporary (225 days) amendment of this section, see § 2(b) of Department of Health Functions Clarification Temporary Amendment Act of 2019 (D.C. Law 23-23, Sept. 11, 2019, 66 DCR 9730).

Section 2 of D.C. Law 18-167 designated the existing text as subsec. (a) and added subsec. (b) to read as follows:

“(b) A hotel licensed under D.C. Official Code § 25-113(e) 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:

“(1) Notifies the Department of Health in writing in advance of the special event;

“(2) Has a ballroom or special event catering space with an occupancy of 500 or more persons;

“(3) Permits employees to opt out of working the special event with no penalty; and

“(4) Pays a fee of $250 to be remitted to the Department of Health Regulatory Enforcement Fund established under section 4903.”.

Section 4(b) of D.C. Law 18-167 provided that the act shall expire after 225 days of its having taken effect.

Section 3 of D.C. Law 19-53 rewrote subsec. (b) to read as follows:

“(b) A hotel licensed under D.C. Official Code § 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 that permits cigar smoking; provided, that the hotel shall:

“(1) Notify the Department of Health in writing in advance of the event;

“(2) Have a ballroom or special-event-catering space with an occupancy of 500 or more persons;

“(3) Pay a fee of $250 to be remitted to the Regulatory Enforcement Fund as established under section 4903;

“(4) Permit employees to opt out of working the special event with no penalty; and

“(5) Have been the recipient of a similar exemption between January 1, 2008, and October 1, 2011.”.

Section 15(b) of D.C. Law 19-53 provided that the act shall expire after 225 days of its having taken effect.

Short Title

Short title: Section 5101 of D.C. Law 19-21 provided that subtitle K of title V of the act may be cited as “Special Events Exemption Amendment Act of 2011”.