(a) Notwithstanding any other provisions of this Chapter, the following areas shall not be subject to the smoking restrictions of this Chapter:

(1) private residences, except when used as a child care facility or health care facility;

(2) hotel and motel rooms rented to guests; (3) retail tobacco stores; and
(4) a private enclosed office work place occupied exclusively by one (1) or more smokers.

(b) The A.B. Won Pat Guam International Airport Authority is the only facility, pursuant to Board action, that may provide a separate, fully enclosed non-service room, where beverages and food are not allowed, for smoking, provided it shall be segregated and adequately ventilated with a smoke ventilation device for the size of the room pursuant to § 90103 apart from the main bar where service is provided. In addition, an air curtain shall be placed above the entrance and exit doors of the room
to minimize the release of smoke into other areas of the facility.

SOURCE: Added by P.L. 21-139:1 (Oct. 1, 1992) as § 89107, renumbered § 90107 by the Compiler. Amended by P.L. 28-080:5 (Dec. 9, 2005), effective 150 days from enactment, Subsection (b) repealed by P.L. 28-170:3 (Jan. 29, 2007). Amended by P.L. 33-121:7 (Feb. 4, 2016).