Ala. Admin. Code r. 420-3-28-.04

Current through Register Vol. 43, No. 1, October 31, 2024

Section 420-3-28-.04 - Restaurants Deemed Too Small To Have A Designated Smoking Area

(1) Pursuant to Code of Ala. 1975, § 22-15A-6(d), an owner, operator or person in charge of a restaurant may not designate a restaurant as a smoking facility unless all of the following criteria are satisfied:

(a) The restaurant seats less than 50 people inside the facility; and

(b) The restaurant does not have existing partitions to minimize exposure to the toxic effect of smoke; and,

(c) The restaurant shall notify the Heath Department that the establishment will be declared a smoking facility.

(2) Notwithstanding, a restaurant of any size may not be declared to be a smoking facility where a municipal ordinance prohibits smoking in the facility or where a restaurant has chosen to be a non-smoking facility pursuant to a local ordinance.

Author: Greg Locklier

Ala. Admin. Code r. 420-3-28-.04

New: Filed September 21, 2005; effective October 26, 2005.

Statutory Authority:Code of Ala. 1975, §§ 22-2-2(6), 22-15A-8