Ariz. Admin. Code § 9-2-108

Current through Register Vol. 30, No. 50, December 13, 2024

Section R9-2-108 - Outdoor Patio

A. A proprietor may designate an area as an outdoor patio where smoking is permitted only if the area:

1. Is a contiguous area of a place of employment or public place;

2. Is controlled by the proprietor of the place of employment or public place; and

3. Has:

a. At least one side that consists of:

i. Open space;

ii. Permeable material;

iii. A combination of open space and permeable material; or

iv. A combination of open space, permeable material, and a non-permeable wall that is not higher than three and one-half feet or the minimum height required by an applicable local ordinance or building code, whichever is greater; or

b. No overhead covering or an overhead covering that consists of:

i. Permeable material, or

ii. A combination of open space and permeable material.

B. If an outdoor patio where smoking is permitted has a doorway for outdoor patio patrons and does not have a wall that prevents individuals from entering the outdoor patio, the proprietor shall:

1. Inform individuals that the doorway:

a. Is not an entrance, and

b. Is a doorway for outdoor patio patrons; and

2. Direct individuals who are not outdoor patio patrons to an entrance.

C. If a proprietor designates an area as an outdoor patio where smoking is permitted, the proprietor shall not permit tobacco smoke to drift into areas where smoking is prohibited through entrances, windows, ventilation systems, or other means.

D. The reasonable distance required in R9-2-102(A) does not apply to a doorway for outdoor patio patrons, a window, or a ventilation system located in an area designated as an outdoor patio where smoking is permitted.

E. If an outdoor patio is located less than 20 feet from any entrance of a public place or non-vehicle place of employment, a proprietor may permit smoking on the outdoor patio only if the proprietor uses a method that:

1. Permits an individual to avoid breathing tobacco smoke when using the entrance at the public place or non-vehicle place of employment, and

2. Does not permit tobacco smoke to drift into the public place or non-vehicle place of employment through entrances, open windows, ventilation systems, or other means.

F. A proprietor may designate an outdoor patio as an area where smoking is prohibited.

Ariz. Admin. Code § R9-2-108

Adopted effective January 6, 1989 (Supp. 89-1). Repealed effective September 30, 1993, under an exemption from the provisions of the Administrative Procedure Act pursuant to Laws 1992, Ch. 301, § 61; received in the Office of the Secretary of State October 1, 1993 (Supp. 93-4). New Section made by exempt rulemaking at 13 A.A.R. 1512, effective May 1, 2007 (Supp. 07-2).