(1) This part 2 shall not apply to:
(a) Private homes, private residences, and private automobiles; except that this part 2 shall apply if any such home, residence, or vehicle is being used for child care or day care or if a private vehicle is being used for the public transportation of children or as part of health care or day care transportation;
(b) Limousines under private hire;
(c) A hotel or motel room rented to one or more guests if the total percentage of such hotel or motel rooms in such hotel or motel does not exceed twenty-five percent;
(d) Any retail tobacco business;
(e) A cigar-tobacco bar;
(f) An airport smoking concession;
(g) The outdoor area of any business;
(h) A place of employment that is not open to the public and that is under the control of an employer that employs three or fewer employees;
(i) A private, nonresidential building on a farm or ranch, as defined in section 39-1-102, C.R.S., that has annual gross income of less than five hundred thousand dollars; or
(j) Repealed.
(k) (I) The areas of assisted living facilities:
(A) That are designated for smoking for residents;
(B) That are fully enclosed and ventilated; and
(C) To which access is restricted to the residents or their guests.
(II) As used in this paragraph (k), "assisted living facility" means a nursing facility, as that term is defined in section 25.5-4-103, C.R.S., and an assisted living residence, as that term is defined in section 25-27-102.
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