§ 23-20.10-6. Where smoking not regulated.
(a) Notwithstanding any other provision of this chapter to the contrary, the following areas shall be exempt from the provisions of this chapter:
(1) Private residences, except when used as a licensed childcare, adult daycare, or healthcare facility;
(2) Hotel and motel rooms that are rented to guests and are designated as smoking rooms; provided, however, that not more than fifty percent (50%) of rooms rented to guests in a hotel or motel may be so designated;
(3) Retail tobacco stores; provided that smoke from these places does not infiltrate into areas where smoking is prohibited under the provisions of this chapter;
(4) Private and semi-private rooms or designated areas in assisted-living residences and nursing facilities as allowed by regulation of the department of health under chapters 17.4 and 17 of this title;
(5) Outdoor areas of places of employment, except those covered by the provisions;
(6) Any smoking bar as defined in § 23-20.10-2;
(7) [Deleted by P.L. 2005, ch. 22, § 1 and P.L. 2005, ch. 23, § 1.]
(8) [Deleted by P.L. 2005, ch. 22, § 1 and P.L. 2005, ch. 23, § 1.]
(9) Any electronic nicotine delivery system store as defined and any electronic smoking device establishment as defined.
(b) The provisions of this chapter shall not apply to any stage performance provided that smoking is part of a theatrical production.
History of Section.
P.L. 2004, ch. 198, § 2; P.L. 2004, ch. 209, § 2; P.L. 2005, ch. 22, § 1; P.L. 2005,
ch. 23, § 1; P.L. 2008, ch. 475, § 62; P.L. 2018, ch. 207, § 1; P.L. 2018, ch. 222,
§ 1.