Colorado § 25-14-205 - Exceptions to smoking restrictions.

§ 25-14-205. Exceptions to smoking restrictions.

(1) This part 2 does not apply to:

(a) Private homes, private residences, and private automobiles; except that this part 2 shall apply if any such home, residence, or vehicle is being used for child care or day care or if a private vehicle is being used for the public transportation of children or as part of health-care or day care transportation;

(b) Limousines under private hire;

(c) Repealed.

(d) Any retail tobacco business; except that the requirements in section 25-14-204 (3) and any related penalties apply to a retail tobacco business;

(e) A cigar-tobacco bar;

(f) Repealed.

(g) The outdoor area of any business;

(h) Repealed.

(i) A private, nonresidential building on a farm or ranch, as defined in section 39-1-102, that has annual gross income of less than five hundred thousand dollars; or

(j) and (k) Repealed.

(l) If authorized by local ordinance, license, or regulation, the licensed premises of a marijuana hospitality business licensed pursuant to section 44-10-609 or a retail marijuana hospitality and sales business licensed pursuant to section 44-10-610; except that this exception only applies to the smoking of marijuana and does not allow the smoking of tobacco within such premises.

Source: L. 2006: Entire part added, p. 58, § 1, effective July 1. L. 2007: (1)(k) added, p. 398, § 2, effective August 3; (1)(j) repealed, p. 1751, § 1, effective January 1, 2008. L. 2019: IP(1), (1)(d), (1)(g), and (1)(i) amended and (1)(c), (1)(f), (1)(h), and (1)(k) repealed, (HB 19-1076), ch. 337, p. 3095, § 4, effective July 1; IP(1), (1)(i), and (1)(k)(I)(C) amended and (1)(l) added, (HB 19-1230), ch. 340, p. 3116, § 10, effective August 2; (1)(l) amended, (HB 19-1230), ch. 340, p. 3127, § 24, effective January 1, 2020.

Editor's note: Subsection (1)(k)(I)(C) was amended in HB 19-1230, effective August 2, 2019. However, those amendments were superseded by the repeal of subsection (1)(k) in HB 19-1076, effective July 1, 2019.

ANNOTATION

The Colorado Clean Indoor Air Act's (CCIAA) airport smoking concession exemption does not violate the equal protection clause of the fourteenth amendment to the U.S. constitution. The Colorado legislature, by exempting airport smoking concessions from the CCIAA's operation, rationally distinguished those concessions from the majority of other indoor facilities in the state that are open to the public. Coal. for Equal Rights, Inc. v. Ritter, 517 F.3d 1195 (10th Cir. 2008).

The small business exemption in subsection (1)(h) is not unconstitutionally vague nor are the definitions in § 25-14-203 (5)(a) and (5)(b). Coal. for Equal Rights v. Owens, 458 F. Supp. 2d 1251 (D. Colo. 2006), aff'd sub nom. Coal. for Equal Rights, Inc. v. Ritter, 517 F.3d 1195 (10th Cir. 2008).

The exemptions for licensed casinos, bars and restaurants within licensed casinos, and cigar-tobacco bars are not special legislation. Coal. for Equal Rights v. Owens, 458 F. Supp. 2d 1251 (D. Colo. 2006) (decided prior to 2007 repeal of subsection (1)(j)), aff'd on other grounds sub nom. Coal. for Equal Rights, Inc. v. Ritter, 517 F.3d 1195 (10th Cir. 2008).