Section R9-2-104. Proprietor Responsibilities

A.      A proprietor shall:

1.        Not permit smoking in a public place, a place of employ- ment, 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 facil- ity 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 pro- hibited; 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 con- tains several places of employment or public places that are controlled by other proprietors:

1.        The proprietor of the entire building or facility shall com- ply with the requirements in subsection (A) for the area controlled by the proprietor of the entire building or facil- ity, 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 smok- ing 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 permit- ted 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 work- ing 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).

Historical Note

Adopted effective January 6, 1989 (Supp. 89-1).

Repealed effective September 30, 1993, under an exemp- tion from the provisions of the Administrative Procedure Act pursuant to Laws 1992, Ch. 301, § 61; received in the Office of the Secretary of State October 1, 1993 (Supp. 93-4). New Section made by exempt rulemaking at 13

A.A.R. 1512, effective May 1, 2007 (Supp. 07-2).