General smoking restrictions.

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

  1. Public meeting places;

  2. Elevators;

  3. Government-owned or -operated means of mass transportation, including, but notlimited to, buses, vans, and trains;

  4. Taxicabs and limousines;

  5. Grocery stores;

  6. Gymnasiums;

  7. Jury waiting and deliberation rooms;

  8. Courtrooms;

  9. Child day care facilities;

  10. Health care facilities including hospitals, health care clinics, doctor's offices, and other health care related facilities;

  11. (I) Any place of employment that is not exempted, whether or not open to the publicand 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.

  1. Food service establishments;

  2. Bars;

  3. Limited gaming facilities and any other facilities in which any gaming or gamblingactivity is conducted;

  4. Indoor sports arenas;

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other common areas in public and private buildings, condominiums, and other multiple-unit residential facilities; (q) Repealed.

  1. Bowling alleys;

  2. Billiard or pool halls;

  3. Facilities in which games of chance are conducted;

  4. (I) The common areas of retirement facilities, publicly owned housing facilities, andnursing 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.

  1. Public buildings;

  2. Auditoria;

  3. Theaters;

  4. Museums;

  5. Libraries;

  6. To the extent not otherwise provided in section 25-14-103.5, public and nonpublicschools;

  7. Other educational and vocational institutions;

  8. Airports;

  9. Hotel and motel rooms;

  10. Assisted living facilities, including nursing facilities as defined in section 25.5-4103 and assisted living residences as defined in section 25-27-102; and

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

(2) A cigar-tobacco bar:

  1. Shall not expand its size or change its location from the size and location in which itexisted as of December 31, 2005; and

  2. Shall prohibit entry by any person under twenty-one years of age and shall displaysignage 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:

  1. Shall prohibit entry by any person under twenty-one years of age; and

  2. Shall display signage in at least one conspicuous place and at least four inches by sixinches in size stating either:

  1. "Smoking allowed. Persons under twenty-one years of age may not enter."; or

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

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.

Editor's note: Section 19 of chapter 302 (HB 20-1001), Session Laws of Colorado 2020, provides that the act changing this section applies to offenses committed on or after July 14, 2020.


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