§ 25-14-204 — General smoking restrictions

(1) Except as provided in section
25-14-205, smoking is not permitted and a person shall not smoke in any indoor
area, including:

(a) Public meeting places;

(b) Elevators;

(c) Government-owned or -operated means of mass transportation,
including, but not limited to, buses, vans, and trains;

(d) Taxicabs and limousines;

(e) Grocery stores;

(f) Gymnasiums;

(g) Jury waiting and deliberation rooms;

(h) Courtrooms;

(i) Child day care facilities;

(j) Health-care facilities including hospitals, health-care clinics, doctor's
offices, and other health-care-related facilities;

(k) (I) Any place of employment that is not exempted, whether or not open to
the public and regardless of the number of employees.

(II) In the case of employers who own facilities otherwise exempted from this
part 2, each such employer shall provide a smoke-free work area for each employee
requesting not to have to breathe secondhand smoke and emissions from electronic
smoking devices.

(l) Food service establishments;

(m) Bars;

(n) Limited gaming facilities and any other facilities in which any gaming or
gambling activity is conducted;

(o) Indoor sports arenas;

(p) Restrooms, lobbies, hallways, and other common areas in public and
private buildings, condominiums, and other multiple-unit residential facilities;

(q) Repealed.

(r) Bowling alleys;

(s) Billiard or pool halls;

(t) Facilities in which games of chance are conducted;

(u) (I) The common areas of retirement facilities, publicly owned housing
facilities, and nursing homes, but not including any resident's private residential
quarters.

(II) Nothing in this part 2 affects the validity or enforceability of a contract,
whether entered into before, on, or after July 1, 2006, that specifies that a part or all
of a facility or home specified in this paragraph (u) is a smoke-free area.

(v) Public buildings;

(w) Auditoria;

(x) Theaters;

(y) Museums;

(z) Libraries;

(aa) To the extent not otherwise provided in section 25-14-103.5, public and
nonpublic schools;

(bb) Other educational and vocational institutions;

(cc) Airports;

(dd) Hotel and motel rooms;

(ee) Assisted living facilities, including nursing facilities as defined in section
25.5-4-103 and assisted living residences as defined in section 25-27-102; and

(ff) The entryways of all buildings and facilities listed in subsections (1)(a) to
(1)(ee) of this section.

(2) A cigar-tobacco bar:

(a) Shall not expand its size or change its location from the size and location
in which it existed as of December 31, 2005; and

(b) Shall prohibit entry by any person under twenty-one years of age and
shall display signage in at least one conspicuous place and at least four inches by
six inches in size stating: Smoking allowed. Persons under twenty-one years of age
may not enter.

(3) A retail tobacco business:

(a) Shall prohibit entry by any person under twenty-one years of age; and

(b) Shall display signage in at least one conspicuous place and at least four
inches by six inches in size stating either:

(I) Smoking allowed. Persons under twenty-one years of age may not
enter.; or

(II) In the case of a retail tobacco business that desires to allow the use of
ESDs but not other forms of smoking on the premises, Vaping allowed. Persons
under twenty-one years of age may not enter.

Legislative History

Source: L. 2006: Entire part added, p. 56, � 1, effective July 1. L. 2007: (1)(u) amended, p. 398, � 1, effective August 3. L. 2013: IP(1) amended, (SB 13-283), ch. 332, p. 1895, � 14, effective May 28. L. 2019: IP(1), (1)(k), (1)(u)(I), (1)(bb), and (1)(cc) amended, (1)(q) repealed, and (1)(dd), (1)(ee), and (1)(ff) added, (HB 19-1076), ch. 337, p. 3094, � 3, effective July 1; (2) amended and (3) added, (HB 19-1076), ch. 337, p. 3094, � 3, effective October 1. L. 2020: (2)(b) and (3) amended, (HB 20-1001), ch. 302, p. 1503, � 2, effective July 14.