Exceptions

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  • (a) The prohibition in section 1483 is subject to the following exceptions:

    • (1) Smoking is not prohibited in any private club as defined under section 1482, paragraph (6), or in any cigar factory, as defined in section 1482, paragraph (4) if no member is under 18 years old is present while any club member is smoking, and if the club and owners, lessors, lessees, occupants or persons in control or possession of any building or property being used by the club ensure that no smoke will infiltrate or migrate through walls, ceilings, floors, doors, windows, ventilation systems or other forms of openings into areas where smoking is prohibited under this section.

    • (2) Smoking is not prohibited in any public or private parking lot unless the smoking occurs within twenty feet of any entrance, exit, window, ventilation system or other openings of any public place or place of employment subject to the prohibitions of section 1483;

    • (3) Smoking is not prohibited on any public street or sidewalk unless the smoking occurs within twenty feet of any entrance, exit, window, ventilation system or other openings of any public place and place of employment subject to the prohibitions of section 1483;

    • (4) Smoking is not prohibited in any private residence unless the private residence is used as a hospice, healthcare, daycare or adult care facility;

    • (5) Smoking is not prohibited in any noncommercial vehicle;

    • (6) Smoking is not prohibited in any area not commonly open to the public of owner-operated businesses having no employee other than the owner and where the sole purpose of the establishment is for smoking indoors if persons under the age of 18 years old are denied access;

    • (7) Smoking is not prohibited in any retail tobacco store in which persons under the age 18 years old are denied access if the smoke from the retail tobacco store does not infiltrate or migrate into areas where smoking is prohibited under this chapter;

    • (8) Smoking is not prohibited twenty feet from enclosed areas, as defined under section 1482, paragraph (4), on public parks and beaches, and twenty feet from tents, stalls, booths, stands and benches on public parks and beaches;

    • (9) Smoking is not prohibited twenty feet from bleachers and grandstands for use by spectators at sporting and other public events; and

    • (10) Smoking is not prohibited as prescribed under section 1489.


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