Does the law require any outdoor or quasi-outdoor spaces to be smoke free or restrict smoking in any way? Examples of such places include within a specified distance of doorways, outdoor patios of bars or restaurants, parks/beaches, outdoor stadiums, and outdoor markets.
Yes
Open air patios, terraces, and balconies of healthcare facilities and teaching establishments (other than university level)
Analysis
The law generally exempts from the smoking ban outdoor patios, terraces, balconies, and other non-enclosed spaces (using the definition of enclosed in Decree 602, Art. 4(h)). However, the law specifically excludes from this exemption outdoor areas of healthcare and educational facilities. Therefore, smoking is prohibited on outdoor patios, terraces, and balconies of healthcare and educational facilities. In this provision, educational facilities do not include the university level.
Areas covered with a roof that are intended for the public to gather and remain
Analysis
The law generally exempts from the smoking ban outdoor patios, terraces, balconies, and other non-enclosed spaces (using the definition of enclosed in Decree 602, Art. 4(h)). However, the law specifically excludes from this exemption "areas covered with a roof that are intended for the public to gather and remain in . . . except for umbrellas or awnings where there is open sky separating them from other umbrellas or awnings of similar size to allow for the circulation of air." Therefore, smoking is prohibited, for example, in open public venues covered by a roof but no walls.
