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10. 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 />B. Exceptions. <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 />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 />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: "SMOKING IS PERMITTED <br />IN THIS ROOM "; or <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 />C. Defenses. <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 />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 />D. Designated Smoking, Areas. <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 />prevent the exposure to customers of the establishment to <br />secondhand smoke. <br />2. The administrator of a hospital or health care facility may <br />designate a public smoking area within such facility, provided that <br />the area shall be located so as to prevent the exposure to patients <br />and the general public to secondhand smoke. <br />3. The owner, manager or operator of a theater or auditorium may <br />designate a public smoking area within such facility, provided that <br />the room is enclosed and located so as to prevent the exposure to <br />the general public within the facility to secondhand smoke. <br />3 <br />