2006 Utah Code - 26-38-4 — Adjoining private clubs and public places -- Grandfather provisions.

     26-38-4.   Adjoining private clubs and public places -- Grandfather provisions.
     (1) (a) If a private club and an adjoining place of public access as described under Subsection (b) share air space or ventilation on January 1, 1995, smoking is prohibited in the place of public access, but smoking is allowed in the private club under Section 26-38-3.
     (b) Subsection (1)(a) applies to any place of public access that:
     (i) on January 1, 1995, is in operation or regarding which actual physical construction has begun; and
     (ii) adjoins or will adjoin when completed a private club that on January 1, 1995 is licensed under Title 32A, Chapter 5, Private Club Liquor Licenses, and is in operation.
     (2) If a place of public access is not in operation or actual physical construction of the place has not begun on January 1, 1995, the place of public access may not adjoin a private club that allows smoking unless the place of public access:
     (a) is separated from the adjoining private club by a continuous physical barrier;
     (b) does not share air space with the private club; and
     (c) has ventilation completely separate from that of the private club.

Enacted by Chapter 281, 1994 General Session