26-38-2 (Superseded 07/01/11) - Definitions.
26-38-2 (Superseded 07/01/11). Definitions.
As used in this chapter:
(1) "Place of public access" means any enclosed indoor place of business, commerce,banking, financial service, or other service-related activity, whether publicly or privately ownedand whether operated for profit or not, to which persons not employed at the place of publicaccess have general and regular access or which the public uses, including:
(a) buildings, offices, shops, elevators, or restrooms;
(b) means of transportation or common carrier waiting rooms;
(c) restaurants, cafes, or cafeterias;
(d) taverns as defined in Section 32A-1-105, or cabarets;
(e) shopping malls, retail stores, grocery stores, or arcades;
(f) libraries, theaters, concert halls, museums, art galleries, planetariums, historical sites,auditoriums, or arenas;
(g) barber shops, hair salons, or laundromats;
(h) sports or fitness facilities;
(i) common areas of nursing homes, hospitals, resorts, hotels, motels, "bed andbreakfast" lodging facilities, and other similar lodging facilities, including the lobbies, hallways,elevators, restaurants, cafeterias, other designated dining areas, and restrooms of any of these;
(j) (i) any child care facility or program subject to licensure or certification under thistitle, including those operated in private homes, when any child cared for under that license ispresent; and
(ii) any child care, other than child care as defined in Section 26-39-102, that is notsubject to licensure or certification under this title, when any child cared for by the provider,other than the child of the provider, is present;
(k) public or private elementary or secondary school buildings and educational facilitiesor the property on which those facilities are located;
(l) any building owned, rented, leased, or otherwise operated by a social, fraternal, orreligious organization when used solely by the organization members or their guests or families;
(m) any facility rented or leased for private functions from which the general public isexcluded and arrangements for the function are under the control of the function sponsor;
(n) any workplace that is not a place of public access or a publicly owned building oroffice but has one or more employees who are not owner-operators of the business;
(o) any area where the proprietor or manager of the area has posted a conspicuous signstating "no smoking", "thank you for not smoking", or similar statement; and
(p) a club licensee under Title 32A, Chapter 5, Club Licenses.
(2) "Publicly owned building or office" means any enclosed indoor place or portion of aplace owned, leased, or rented by any state, county, or municipal government, or by any agencysupported by appropriation of, or by contracts or grants from, funds derived from the collectionof federal, state, county, or municipal taxes.
(3) "Smoking" means the possession of any lighted tobacco product in any form.
Amended by Chapter 383, 2009 General Session