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<br /> <br /> <br /> <br /> <br /> <br /> provides an opportunity for direct participation or observation by <br /> the general public; <br /> <br /> 7. Every publicly or privately owned theater, auditorium or other <br /> enclosed facility which is open to the public for the primary <br /> purpose of exhibiting any motion picture, stage drama, musical <br /> recital, athletic event or any other performance or event; <br /> <br /> 8. Any portion of any publicly or privately owned room, building or <br /> other enclosetl place to which the public ar a substantial group of <br /> the public has access, which has been designated by the owner, <br /> manager, operatar or other person having control of such area, as <br /> a nonsmoking area; or <br /> <br /> 9. Any portion of any publicly or privately owned unenclosed area to <br /> which the public or a substantial group of the public has access, <br /> which has been designated by the owner, manager, operator or <br /> other person having control of such area, as a nonsmoking area. <br /> <br /> B. Exceptions. <br /> <br /> 1. It is an exception to Subsections (A)(1), (A)(3), (A)(4), (A)(5) and <br /> (A)(8) that the smoking or possession occurred in an administrative <br /> area. <br /> <br /> 2. It is an exception to Subsections (A)(5) and (A)(8) that the <br /> smoking or possession occurred within an area designated by the <br /> owner, manager or operator of the place or establishment as a <br /> smoking area as provided in Subsection (D). <br /> <br /> 3. It is an exception to Subsection (A)(5) that the smoking or <br /> possession occurred in a patient room where smoking was <br /> agreeable to all patients assigned to the room and the administrator <br /> of the facility, provided that a sign was present on each door <br /> leading into the room which stated: "SIvIOKING IS PERMITTED <br /> IN THIS ROOM"; or <br /> <br /> 4. It is an exception to Subsection (A) that the smoking or possession <br /> was by a person as part of his participation in an authorized <br /> theatrical performance. <br /> <br /> C. Defenses. <br /> <br /> 1. It is a defense to prosecution under this section that the conveyance <br /> or public place within which the offense occurred did not have <br /> prominently displayed a reasonably sized notice that smoking was <br /> prohibited. <br /> <br /> 2. It is a defense to prosecution under this section that facilities for <br /> the extinguishment of smoking materials were not placed within <br /> the conveyance or within twenty (20) feet of the public entrances <br /> to the place or establishment. <br /> <br /> D. Designated Smoking Areas. <br /> <br /> 1. The owner, manager or operator of a retail or service <br /> establishment may designate a public smoking area in such <br /> establishment, provided that the areas shall be located so as to <br /> <br /> <br /> <br /> 4 <br />