(a)  Notwithstanding any other provision of this chapter to the contrary, the following areas shall be exempt from the provisions of this chapter:

(1)  Private residences, except when used as a licensed childcare, adult daycare, or healthcare facility;

(2)  Hotel and motel rooms that are rented to guests and are designated as smoking rooms; provided, however, that not more than fifty percent (50%) of rooms rented to guests in a hotel or motel may be so designated;

(3)  Retail tobacco stores; provided that smoke from these places does not infiltrate into areas where smoking is prohibited under the provisions of this chapter;

(4)  Private and semi-private rooms or designated areas in assisted-living residences and nursing facilities as allowed by regulation of the department of health under chapters 17.4 and 17 of this title;

(5)  Outdoor areas of places of employment, except those covered by the provisions of § 23-20.10-5;

(6)  Any smoking bar as defined in § 23-20.10-2(20);

(7)  [Deleted by P.L. 2005, ch. 22, § 1 and P.L. 2005, ch. 23, § 1.]

(8)  [Deleted by P.L. 2005, ch. 22, § 1 and P.L. 2005, ch. 23, § 1.]

(9)  Any electronic nicotine delivery system store as defined in § 23-20.10-2(5) and any electronic smoking device establishment as defined in § 23-20.10-2(6).

Terms Used In Rhode Island General Laws 23-20.10-6

  • Bar: means an establishment that is devoted to the serving of alcoholic beverages for consumption by guests on the premises and in which the serving of food is only incidental to the consumption of those beverages, including, but not limited to, taverns, nightclubs, cocktail lounges, and cabarets. See Rhode Island General Laws 23-20.10-2
  • Electronic nicotine delivery system: means an electronic device that may be used to simulate smoking in the delivery of nicotine or other substance to a person inhaling from the device, and includes, but is not limited to, an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or electronic hookah and any related device and any cartridge or other component of that device. See Rhode Island General Laws 23-20.10-2
  • Electronic smoking device establishment: means any business that sells food or alcohol and for which the principal or core business is selling electronic nicotine delivery system devices and where combustible substances are prohibited. See Rhode Island General Laws 23-20.10-2
  • Healthcare facility: means an office or institution providing care or treatment of diseases, whether physical, mental, emotional, or other medical, physiological, or psychological conditions, including, but not limited to, hospitals, rehabilitation hospitals or other clinics, including weight control clinics, nursing homes, homes for the aging or chronically ill, laboratories, and offices of surgeons, chiropractors, physical therapists, physicians, dentists, and all specialists within these professions. See Rhode Island General Laws 23-20.10-2
  • smoke: means inhaling, exhaling, burning, or carrying any lighted or heated cigar, cigarette, pipe, weed, plant, other tobacco product or plant product, or other combustible substance in any manner or in any form intended for inhalation in any manner or form. See Rhode Island General Laws 23-20.10-2

(b)  The provisions of this chapter shall not apply to any stage performance provided that smoking is part of a theatrical production.

History of Section.
P.L. 2004, ch. 198, § 2; P.L. 2004, ch. 209, § 2; P.L. 2005, ch. 22, § 1; P.L. 2005, ch. 23, § 1; P.L. 2008, ch. 475, § 62; P.L. 2018, ch. 207, § 1; P.L. 2018, ch. 222, § 1.