§ 13-8-104. DESIGNATION OF SMOKING AREAS.

Except for a county building and county-occupied space, the owner or person in charge of a public place may designate separate rooms or areas in which smoking is allowed, provided that:

(1)

Except as provided by § 13-8-103(a) of this title, a public place may not be designated as a smoking area in its entirety;

(2)

The rooms and areas shall be sufficient in size and capacity so as not to exclude nonsmoking individuals from the public place;

(3)

No portion of the spectator area of a theater, movie house, auditorium, arena, lecture hall, or concert hall may be designated as a smoking area;

(4)

No portion of the common indoor public space of an enclosed shopping center or mall may be designated as a smoking area;

(5)

An area in which smoking is prohibited by the Fire Marshal or by other law, ordinance, or regulation may not be designated as a smoking area; and

(6)

Where a smoking area is designated, to the extent possible, physical barriers and ventilation systems shall be used to minimize the toxic effect of smoking in adjacent nonsmoking areas.

(1988 Code, § 17-143) (Bill No. 108-93, 1993, § 1, 9-25-1993; Bill No. 121-93, 1993, § 2, 10-25-1993; Bill No. 105-00, § 2, 7-1-2004)