.03 Exclusions.

This chapter does not apply to:

A. Private homes and residences, including a residence used as a business or place of employment, unless being used by a person who is licensed or registered under Family Law Article, Title 5, Subtitle 5, Annotated Code of Maryland, to provide day care or child care;

B. Private vehicles, unless being used:

(1) For the public transportation of children; or

(2) As part of health care or day care transportation;

C. A hotel or motel room rented to one or more guests, if the total percent of hotel or motel rooms being rented where smoking is allowed, does not exceed 25 percent of the guest rooms in the hotel or motel;

D. A retail tobacco business that is a sole proprietorship, limited liability company, corporation, partnership, or other enterprise, in which:

(1) The primary activity is the retail sale of tobacco-containing products and accessories; and

(2) The sale of other products is incidental;

E. A facility of a manufacturer, importer, wholesaler, or distributor of tobacco-containing products or a tobacco leaf dealer or processor in which employees of the manufacturer, importer, wholesaler, distributor, or processor work or congregate; and

F. A research or educational laboratory in which smoking is conducted as a part of scientific research into:

(1) The health effects of tobacco smoke; or

(2) The ability of a cigarette to meet fire safety standards.