1. (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:

   1. (a) The restaurant seats less than 50 people inside the facility; and
   2. (b) The restaurant does not have existing partitions to minimize exposure to the toxic effect of smoke; and,
   3. (c) The restaurant shall notify the Heath Department that the establishment will be declared a smoking facility.
2. (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

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