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(1) This chapter supersedes any ordinance enacted by the governing body of a political subdivision that restricts smoking in a place of public access as defined in Section 26-38-2 and that is not essentially identical to the provisions of this chapter.
(2) This chapter does not supersede an ordinance enacted by the governing body of a political subdivision that restricts smoking in outdoor places of public access which are owned or operated by:
(a) a political subdivision as defined in Section 17B-1-102;