Exceptions to smoking restrictions.

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(1) This part 2 does not apply to:

  1. 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;

  2. Limousines under private hire;(c) Repealed.

(d) Any retail tobacco business; except that the requirements in section 25-14-204 (3) and any related penalties apply to a retail tobacco business; (e) A cigar-tobacco bar; (f) Repealed.

(g) The outdoor area of any business; (h) Repealed.

(i) A private, nonresidential building on a farm or ranch, as defined in section 39-1-102, that has annual gross income of less than five hundred thousand dollars; or (j) and (k) Repealed.

(l) If authorized by local ordinance, license, or regulation, the licensed premises of a marijuana hospitality business licensed pursuant to section 44-10-609 or a retail marijuana hospitality and sales business licensed pursuant to section 44-10-610; except that this exception only applies to the smoking of marijuana and does not allow the smoking of tobacco within such premises.

Source: L. 2006: Entire part added, p. 58, § 1, effective July 1. L. 2007: (1)(k) added, p. 398, § 2, effective August 3; (1)(j) repealed, p. 1751, § 1, effective January 1, 2008. L. 2019: IP(1), (1)(d), (1)(g), and (1)(i) amended and (1)(c), (1)(f), (1)(h), and (1)(k) repealed, (HB 191076), ch. 337, p. 3095, § 4, effective July 1; IP(1), (1)(i), and (1)(k)(I)(C) amended and (1)(l) added, (HB 19-1230), ch. 340, p. 3116, § 10, effective August 2; (1)(l) amended, (HB 19-1230), ch. 340, p. 3127, § 24, effective January 1, 2020.

Editor's note: Subsection (1)(k)(I)(C) was amended in HB 19-1230, effective August 2, 2019. However, those amendments were superseded by the repeal of subsection (1)(k) in HB 191076, effective July 1, 2019.


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