Alabama Administrative Code
Title 420 - ALABAMA STATE BOARD OF HEALTH
Chapter 420-3-28 - ENFORCEMENT OF THE ALABAMA CLEAN INDOOR AIR ACT
Section 420-3-28-.04 - Restaurants Deemed Too Small To Have A Designated Smoking Area
Universal Citation: AL Admin Code R 420-3-28-.04
Current through Register Vol. 42, No. 5, February 29, 2024
(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
Statutory Authority: Code of Ala. 1975, §§ 22-2-2(6), 22-15A-8
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