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A. Smoking is prohibited in:

1. Any business, residence, public area, vehicle or vessel that has employees;

2. Enclosed public areas;

a. An individual may not smoke in an enclosed area in a public place, including an enclosed area:

(1) At an entertainment venue or a sports arena;

(2) On a bus, in a taxicab, on a ferry, or in another vehicle used for public transportation;

(3) At a public transit depot, bus shelter, airport terminal, or other public transportation facility;

(4) At a retail store or shopping center;

(5) At a place of government or public assembly located on property that is owned or operated by the state, a municipality, or a regional educational attendance area, or by an agent of the state, a municipality, or a regional educational attendance area.

b. An individual may not smoke in an enclosed area:

(1) In an office building, office, hotel, motel, restaurant, bar, retail store, or shopping center;

(2) In a common area in an apartment building or multiple-family dwelling;

(3) In a place of employment, including a vehicle;

(4) At a public or private educational facility;

(5) At a health care facility, including residential units in the health care facility;

(6) In a building or residence that is used to provide paid child care, whether or not children are present in the building or residence, or care for adults on a fee-for-service basis; however, nothing in this paragraph is intended to prohibit an individual from smoking in a private residence that is in a building where another residence provides paid child care or care for adults;

(7) On a vessel operating as a shore-based fisheries business under AS 43.75.

3. Public outdoor areas as described in HBC 8.18.030;

4. Any public or private educational facility;

5. All other areas pursuant to AS 18.35.301.

B. Smoking is allowed:

1. In private residences without caregivers or employees;

2. Personal vehicles without caregivers or employees;

3. In a business vehicle if it’s allowed by the owner or employer and used exclusively by only one person;

4. Other outdoor areas specifically identified as allowing smoking;

5. All other areas pursuant to AS 18.35.301.

C. Smoking may be allowed (under certain conditions):

1. Unless the owner or operator prohibits it, an individual may smoke an e-cigarette at a retail tobacco or e-cigarette store that:

a. Is in a building that:

(1) Is freestanding; or

(2) If it is attached to another business or building, it must:

(a) Have a separate entrance;

(b) Be separated from the other business or building in a manner that does not allow e-cigarette vapor or aerosol to travel into the other business or building;

(c) Not serve as a residence, child care facility, facility providing care for adults on a fee-for-service basis, school, or health care facility; and

b. Is not:

(1) A business that is licensed under AS 04.11 to serve alcoholic beverages at an outdoor location;

(2) A business that is licensed under AS 05.15 to sell pull-tabs;

(3) A retail store that is within an indoor public place or workplace.

2. Unless the owner or operator prohibits it, an individual may smoke:

a. In a vehicle that is a place of employment when the vehicle is used exclusively by one person;

b. On a vessel when the vessel is engaged in commercial fishing or sport charter fishing.

3. In a private club if the private club:

a. Has been in continuous operation at the same location since January 1, 2017;

b. Is not licensed to serve alcoholic beverages; and

c. Is not a place of employment;

4. In an e-cigarette store if the e-cigarette store has been in continuous operation at the same location since January 1, 2017. (Ord. 20-01-554 § 8)