(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.

(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.

(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 Guam Code Ann. § 90105(a).

SOURCE: Added by P.L. 21-139:1 (Oct. 1, 1992) as § 89105, renumbered § 90105 by the Compiler. Amended by P.L. 28-80:4 (Dec. 9, 2005),effective 150 days from enactment, pursuant to P.L. 28-80:6. Subsection (a)(2) amended by P.L.
29-013:3 (Sept. 7, 2007). Subsection (a) amended by P.L. 30-063:1 (Nov. 27,
2009). Subitem (a)(13) added by P.L. 33-121:5 (Feb. 4, 2016). Subsection (c)
added P.L. 30-063:2 (Nov. 27, 2009), amended by P.L. 33-121:6 (Feb. 4, 2016).