[328J‑3] Prohibition in enclosed or partially enclosed places open to the public. Smoking shall be prohibited in all enclosed or partially enclosed areas open to the public, including but not limited to the following places:

(1) Airports and public transportation facilities and vehicles, including buses and taxicabs, under the authority of the State or county, and ticket, boarding, and waiting areas of public transit depots, including airports from curb to cabin and including all areas within and immediately in front of and adjacent to passenger terminals and pick-up areas, throughout the airport facility, and up to the passenger loading gates of all state airports;

(2) Aquariums, galleries, libraries, and museums;

(3) Areas available to and customarily used by the general public, including but not limited to restrooms, lobbies, reception areas, hallways, and other common areas, in businesses and nonprofit entities patronized by the public, including but not limited to professional offices, banks, laundromats, hotels, and motels;

(4) Bars;

(5) Bowling alleys;

(6) Convention facilities;

(7) Educational facilities, both public and private;

(8) Elevators;

(9) Facilities primarily used for exhibiting a motion picture, stage, drama, lecture, musical recital, or other similar performance, except when part of the performance;

(10) Health care facilities;

(11) Hotel and motel lobbies, meeting rooms, and banquet facilities;

(12) Licensed child care and adult day care facilities;

(13) Lobbies, hallways, and other common areas in apartment buildings, condominiums, retirement facilities, nursing homes, multifamily dwellings, and other multiple-unit residential facilities;

(14) Nightclubs;

(15) Polling places;

(16) Restaurants;

(17) Retail stores;

(18) Rooms, chambers, places of meeting or public assembly under the control of an agency, board, commission, committee or council of the State or county, to the extent the place is subject to the jurisdiction of the State or county;

(19) Service lines; and

(20) Shopping malls. [L 2006, c 295, pt of 2]

 

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