The Dee Johnson Clean Indoor Air Act amended New Mexico's Clean Indoor Air Act and bans smoking in virtually all enclosed indoor spaces, public places (including restaurants and bars), and means of public transit (NM Stat. Sec. 24-16-1et seq.).
Exemptions. Smoking is permitted in the following areas as long as smoke does not infiltrate indoor areas where smoking is prohibited under the Act:
• Designated outdoor smoking areas displaying proper signage
• Private homes when not used for child care, adult care, or health care
• Private clubs, used exclusively for the organization's purposes and not for pecuniary gain, that sell liquor only to members
• Designated smoking-permitted rooms in hotels and motels (not more than 25 percent of total rooms)
• Casinos, bingo parlors, and other state-licensed gaming areas
• Facilities dedicated to manufacture of tobacco products
• Facilities licensed for the practice of cultural or ceremonial events under the federal Indian Religious Freedom Act of 1996.
• Restaurants and meeting facilities when hired for private functions to which the general public is not admitted
Smoking is not permitted near entrances, doors, windows, or air intakes at any facility covered by the Act. Outdoor smoking is permitted only in areas designated by an employer or building owner or manager that is at a location and distance that ensure that people entering or leaving a building are not subjected to breathing tobacco smoke and so that smoke does not enter the building.
The Act prohibits smoking where one or more persons engage in work, regardless of whether it is being performed. The ban covers lobbies and reception ...