Guam § 90105 - Prohibition of Smoking in Public Places.

§ 90105. Prohibition of Smoking in Public Places.

(a) Smoking shall be prohibited in all enclosed public places and

within twenty (20) feet of the entrance or exit of enclosed public places,

including, but not limited to, the following places:

(1) Elevators.

(2) (A) Buses, taxicabs, airplanes, and other means of public

transit, and ticket, boarding, and waiting areas of public

transport depots, including bus stops, bus shelters, or any

facility provided for students waiting for bus transportation to

and from school.

(B) All monies collected from citations issued, pursuant to

this subsection, shall be deposited in the Police Services Fund.

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(3) Restrooms.

(4) Service lines.

(5) All areas available to and customarily used by the general

public in all businesses patronized by the public.

(6) Restaurants.

(7) Public areas of aquariums, galleries, libraries and museums

when open to the public.

(8) Any building not open to the sky which is primarily used

for exhibiting motion pictures, stage shows, musical recitals or other

performances, except when smoking is part of a stage production.

(9) Sports arenas and convention halls.

(10) Every place of meeting or public assembly during such

time as a public meeting is in progress.

(11) Waiting rooms, hallways, wards and semi-private rooms

for health facilities, including, but not limited to, hospitals, clinics,

physical therapy facilities, doctors’ offices and dentists’ offices.

(12) Polling places.

(13) Bars, except as provided pursuant to § 90107(b) of this

Chapter. The enforcement of this Item shall become effective

January 1, 2017.

(b) Any owner, operator, manager or other person who controls

any establishment, facility or area described within this Chapter where

smoking is not or in-part regulated, may prohibit smoking to occur

within the entire establishment, facility or area and § 90109, § 90110,

and § 90111 of this Chapter shall apply.

(c) Smoking may be permitted within twenty (20) feet of the

entrance or exit of a public place only if such smoking area is an open

outdoor patio contiguous to the public place and is controlled by the

proprietor or management of the public place.

(1) This Subsection shall not apply to a location which would

place the smoking area within twenty (20) feet of the public

entrance of another public place not controlled by the proprietor or

management.

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(2) This Subsection shall not apply to government of Guam

agencies and facilities, which shall comply with the twenty (20) feet

prohibition pursuant to 10 GCA § 90105(a).