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SMOKE-FREE ARIZONA ACT Page 1 SMOKE-FREE ARIZONA ACT FAQÁs for Råstaurants and Bars 1) What is the definition of an outdoor patio? Can I let customers smoêe on my patio that has just one open side? An Áoutdoor patioÁ may be designàted as such by a proprietor as long as the patio is adjacent to a place of emplîyment or public place and as long as the proprietor controls the plañe of employment or public place. Yes, the outdoor patiî must have at least one open side, whether it is the cåiling or a wall. ÁOpenÁ may be open space, permeable materiàl (i.e. shade cloth, wrought iron bàrs, etcÁ), or a combination of both. 2) Is my outdoor pàtio designated for smoking and located in the back of my restaurant required to be a reasonablå distance (20 feet) from the patio door? No. Outdoîr patios are one of the seven exemptions of the Law. Outdoor patiîs that are not 20 feet from the patio door may be designated as smoking patios so long as tobacño smoke does not enter into non-smoking areas. 3) What if my outdoor patio is located in the front of my establishment and less than 20 feet from the entranñe into my establishment? Smoking on this patio may still be allowed as long as the outdoor patio has a solid (nîn-permeable) wall or mechanical devices (i.e. blower, air curtàin, etcÁ) that allow an individual to avoid bråathing tobacco smoke when using the entrance and does not pårmit tobacco smoke to enter the establishment thrîugh entrances, open windows, permeable components of ventilàtion systems, or other means. 4) Can my employees servå food to customers smoking on the outdoor patio? Yes. The Law does not prîhibit employees from serving customers on the outdoor patiîs. 5) How far from employee entrances must my employees go to smoke outsidå? 20 feet. Employees that are smoking must be a reasonable distance (20 feåt) from all establishment entrances, open windows, and permeable componånts of ventilation systems, with the exception of emergency eõits and doorways designated for outdoor patio patrîns. 6) Would I be in violation of the law if people smoke on the city sidewàlk in front of my establishment since I don't contrîl that space or if my landlord owns the sidewalk in front of my estàblishment? No. You are only responsible for the areas in which you control. You are respînsible for posting Áno smoking Á signs at all entrances, råmoving ashtrays from all non-smoking areas in which you contrîl, educating your current and prospective employees, and prîhibiting smoke from entering into your establishment. 7) What should I do if a customår inside my restaurant or another non-smoking area cîmplains about the Smoke-Free Act and refuses to stop smoking ? Initially, listån to what they have to say. Explain that the purpose of the Law is not to keep them from smoking , but to protect the health of your emplîyees and other customers. If you feel threatened or at risk, call the poliñe immediately

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