50-40-104. Smoking in enclosed public places prohibited — notice to public — places where prohibition inapplicable. (1) Except as otherwise provided in this section, smoking in an enclosed public place is prohibited.

Terms Used In Montana Code 50-40-104

  • Enclosed public place: means an indoor area, room, or vehicle that the general public is allowed to enter or that serves as a place of work, including but not limited to the following:

    (a)restaurants;

    (b)stores;

    (c)public and private office buildings and offices, including all office buildings and offices of political subdivisions, as provided for in 50-40-201, and state government;

    (d)trains, buses, and other forms of public transportation;

    (e)health care facilities;

    (f)auditoriums, arenas, and assembly facilities;

    (g)meeting rooms open to the public;

    (h)bars;

    (i)community college facilities;

    (j)facilities of the Montana university system; and

    (k)public schools, as provided for in 20-1-220 and 50-40-104. See Montana Code 50-40-103

  • Establishment: means an enterprise under one roof that serves the public and for which a single person, agency, corporation, or legal entity is responsible. See Montana Code 50-40-103
  • Property: means real and personal property. See Montana Code 1-1-205

(2)The proprietor or manager of an establishment containing enclosed public places shall post a sign in a conspicuous place at all public entrances to the establishment stating, in a manner that can be easily read and understood, that smoking in the enclosed public place is prohibited.

(3)The proprietor or manager of an intrastate bus that is not chartered shall prohibit smoking in all parts of the bus.

(4)The prohibition in subsection (1) does not apply to the following places, whether or not the public is allowed access to those places:

(a)a private residence unless it is used for any of the following purposes, in which case the prohibition in subsection (1) applies:

(i)a family day-care home or group day-care home, as defined in 52-2-703 and licensed pursuant to Title 52, chapter 2, part 7;

(ii)an adult foster care home, as defined in 50-5-101 and licensed pursuant to Title 50, chapter 5; or

(iii)a health care facility, as defined in 50-5-101 and licensed pursuant to Title 50, chapter 5;

(b)a private motor vehicle;

(c)school property in which smoking is allowed pursuant to the exception in 20-1-220;

(d)a hotel or motel room designated as a smoking room and rented to a guest; however, not more than 35% of the rooms available to rent to guests may be designated as smoking rooms; and

(e)a site that is being used in connection with the practice of cultural activities by American Indians that is in accordance with the American Indian Religious Freedom Act, 42 U.S.C. § 1996 and 1996a.

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