An owner or operator of any of the following areas may exempt itself from this subchapter:
(1) Private residences except when used as a licensed child care, adult daycare, or health care facility;
(2) (A) Hotel and motel rooms that are rented to guests and are designated as smoking rooms.
(B) However, if a hotel or motel has more than twenty-five (25) guest rooms, not more than twenty percent (20%) of rooms rented to guests in the hotel or motel may be designated as exempt from this subchapter;
(3) (A) All workplaces of any employer with fewer than three (3) employees.
(B) This exemption does not apply to any public place;
(4) A retail tobacco store, if secondhand smoke from the store does not infiltrate into areas in which smoking is prohibited under this subchapter;
(5) (A) An area within a long-term care facility that is designated by the long-term care facility as a smoking area for supervised patient and supervisory staff smoking; or
(B) An area outside of the long-term care facility that is designated for visitors and staff that is beyond twenty-five feet (25') of any primary entryway or opening of a long-term care facility;
(6) Outdoor areas of places of employment;
(7) All workplaces of any manufacturer, importer, or wholesaler of tobacco products, of any tobacco leaf dealer or processor, and all tobacco storage facilities;
(8) (A) All restaurants and bars licensed by the State of Arkansas that prohibit at all times all persons less than twenty-one (21) years of age from entering the premises if secondhand smoke does not infiltrate into areas in which smoking is prohibited under this subchapter.
(B) All restaurants and bars that are exempt under this subdivision (8) shall prominently display a health warning sign as defined by the State Board of Health; and
(9) Designated smoking areas on the gaming floor of any franchisee of the Arkansas Racing Commission.
Section: Previous 20-27-1802 20-27-1803 20-27-1804 20-27-1805 20-27-1806 20-27-1807 20-27-1808 20-27-1809 NextLast modified: November 15, 2016