§ 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 of § 23-20.10-5;
(6) Any smoking bar as defined in § 23-20.10-2(20);
(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 in § 23-20.10-2(5) and any electronic smoking device establishment as defined in § 23-20.10-2(6).
(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.