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A. Except as provided in section 5-9-4 of this chapter, and in order to reduce the levels of exposure to environmental tobacco and marijuana smoke, smoking shall not be permitted and no person shall smoke in any indoor area, including, but not limited to:

1. Public meeting places;

2. Elevators;

3. Government owned or operated means of mass transportation, including, but not limited to, buses, vans, trains, indoor public transit facilities and waiting areas, and transit shelters;

4. Taxicabs and limousines;

5. Gondolas;

6. Grocery stores;

7. Gymnasiums;

8. Jury waiting and deliberation rooms;

9. Courtrooms;

10. Child daycare facilities;

11. Healthcare facilities including hospitals, healthcare clinics, doctor's offices, and other healthcare related facilities;

12. Retail stores;

13. Food service establishments;

14. Bars;

15. Indoor sports arenas and facilities;

16. Restrooms, lobbies, hallways, and other common areas in public and private buildings, condominiums, and other multiple-unit residential facilities;

17. Bowling alleys;

18. Billiard or pool halls;

19. Facilities in which games of chance are conducted;

20. The common areas of retirement facilities, publicly owned housing facilities, and nursing homes, but not including any resident's private residential quarters;

21. Public buildings;

22. Auditoria;

23. Theaters;

24. Museums;

25. Libraries;

26. To the extent not otherwise provided in section 25-14-103.5, Colorado Revised Statutes, public and nonpublic schools;

27. Other educational and vocational institutions;

28. Hotel and motel rooms;

29. Assisted living facilities, including nursing facilities as defined in section 25.5-4-103, Colorado Revised Statutes, and assisted living residence as defined in section 25-27-102, Colorado Revised Statutes;

30. Town owned motor vehicles; and

31. Any place of employment that is not exempted whether or not open to the public and regardless of the number of employees. In the case of employers who own facilities otherwise exempted from this chapter, each such employer shall provide a smoke free work area for each employee requesting not to have to breathe secondhand smoke and emissions from electronic smoking devices.

B. In order to reduce the levels of exposure to environmental tobacco and marijuana smoke, smoking shall not be permitted and no person shall smoke in any of the following outdoor areas:

1. The entryways of all buildings and facilities listed in subsection A of this section;

2. Town owned parks and open space areas;

3. Town owned outdoor sporting and athletic fields and facilities;

4. The Town of Breckenridge public golf course grounds and buildings, excluding the course of play;

5. The paved recreational pathway running generally northerly and southerly within the town commonly known as the "bike path"; and

6. Within a 10-foot radius of a public transit facility waiting area.

C. A retail tobacco business:

1. Shall prohibit entry by any person under eighteen (18) years of age; and

2. Shall display signage in at least one (1) conspicuous place and at least 4 inches by 6 inches in size stating either:

a. "Smoking allowed. Children under eighteen years of age may not enter."; or

b. In the case of a retail tobacco business that desires to allow the use of ESDs but not other forms of smoking on the premises, "Vaping allowed. Children under eighteen years of age may not enter." (Ord. 4, Series 2015; amd. Ord. 11, Series 2022)