Current through Register Vol. 30, No. 38, September 20, 2024
A.
A proprietor shall:
1. Not permit smoking in
a public place, a place of employment, or within the distance required in
R9-2-102(A) except according to this Article and the exceptions listed in
A.R.S. §
36-601.01(B);
2. Not permit tobacco smoke to drift into a
building or facility through an entrance, a window, a ventilation system, or
other means;
3. Post signs
according to A.R.S. §
36-601.01
(E)(1) and
R9-2-105;
4. Remove all ashtrays from all areas where
smoking is prohibited; and
5.
Communicate that smoking is prohibited in places of employment to:
a. All existing employees by the effective
date of this Article, and
b. An
applicant for employment at the time of the application for employment.
B. If a
building or facility that is controlled by a proprietor contains several places
of employment or public places that are controlled by other proprietors:
1. The proprietor of the entire building or
facility shall comply with the requirements in subsection (A) for the area
controlled by the proprietor of the entire building or facility, and
2. The proprietor of each place of employment
or public place shall comply with the requirements in subsection (A) for the
area controlled by the proprietor of the place of employment or public place.
C. If an individual in
an area controlled by a proprietor is smoking in violation of A.R.S. §
36-601.01,
the proprietor shall:
1. Inform the
individual that the individual is in violation of A.R.S. § 36-601.01,
and
2. Request that the individual
stop smoking immediately.
D. A proprietor of a veterans or fraternal
club shall not permit smoking in an area of the veterans or fraternal club that
is open to the general public.
E. A
proprietor of a retail tobacco store where smoking is permitted shall comply
with R9-2-107.
F. A proprietor of
an outdoor patio where smoking is permitted shall comply with
R9-2-108.
G. A proprietor may
declare that smoking is prohibited in an entire establishment, facility, or
outdoor area.
H. In a vehicle owned
and operated by a proprietor during working hours, the proprietor shall:
1. Not permit smoking in the vehicle when:
a. More than one individual occupies the
vehicle, and
b. The vehicle is used
for business purposes; and
2. Post signs according to A.R.S. §
36-601.01(E)(1),
A.R.S. § 36-601.01(E)(2), and
R9-2-105(C).
