___________________ moved that HB 1237 be amended as follows:
22-36-2.
No person may smoke tobacco or carry any lighted tobacco product in any public
place or place of employment. This section does not apply
to any sleeping room in a lodging
establishment as defined in § 34-18-1, to any on-sale licensee pursuant to chapter 35-4, to any
video lottery licensed establishment pursuant to chapter 42-7A, to any licensee pursuant to
chapter 42-7B, or
to any tobacco
or packaged liquor
store if the store is primarily used for the
sale of tobacco
or alcoholic beverages, or both,
and the sale of other products is merely
incidental.
Section 2. That
§
22-36-3
be amended to read as follows:
22-36-3.
For the purposes of §§ 22-36-2 to 22-36-4, inclusive, a public place is any enclosed
indoor area to which the public is invited or to which the public is permitted
, including any
hospital or medical or dental clinic; any nursing facility; any public library, museum, theater,
or concert hall; any elementary or secondary school building; any public conveyance; any jury
room; any elevator; any reception area; any restaurant; any retail service establishment; any
retail store; and any registered or unregistered day care program, day care center, day care
cooperative, or family day care home governed by chapter 26-6 during the time in which
children who are not family members of the day care provider are receiving care
. A private
residence is not a public place unless it is used for day care.
"