This part does not apply to the following:
(1) A hotel;
(2) A food establishment;
(3) A state or local park with a seating capacity for less than two hundred fifty (250) persons, or a higher education facility with a seating capacity for less than two hundred fifty (250) persons; or
(4) Automobile race tracks: Where portable facilities can be located; and
(5) That were in existence prior to July 1, 1985.