If the law refers to “public places,” then why is smoking banned in businesses that are privately owned?
Sec. 2 (9) (d) of the new law defines “public places” as “any enclosed areas to which the public is invited or in which the public is permitted.” If a business meets this definition, then smoking must be banned there indoors, regardless of how the facility is owned. The law also defines a “place of employment” in Sec. 2 (9) (i) as “any enclosed area under the control of a public or private employer which employees frequent during the course of employment including, but not limited to, work areas, restrooms, hallways, employee lounges, cafeterias, conference and meeting rooms, lobbies and reception areas.” Again, if a business meets this definition, then smoking must be banned indoors as described, regardless of how the facility is owned. The law does make an exception in Sec. 2 (3) (e) for private residences that serve as workplaces, except if they are being used as a childcare, adult day care, or health care facility.
