HAR §11-81-10. Exception for retail tobacco stores

(a) All retail tobacco stores and any areas claimed to be retail tobacco stores shall be separately ventilated from areas where smoking is prohibited. No smoke from a retail tobacco store or an area claimed to be a retail tobacco store shall infiltrate into areas where smoking is prohibited. (b) Upon request by an inspector, the person who owns, manages, operates, or otherwise controls a retail tobacco store or an area claimed to be a retail tobacco store shall provide copies of mechanical engineering plans for the retail tobacco store or area claimed to be a retail tobacco store that show the separate ventilation systems. 81-11 9 5 6 §11-81-10 (c) The failure to provide the mechanical engineering plans upon request of an inspector shall be prima facie evidence that the area claimed to be a retail tobacco store does not fall within the exception for retail tobacco stores provided in section 328J-7, HRS. The inspector may then issue a summons or citation for any violation of chapter 328J, HRS, or of this chapter that the inspector observes. [Eff SEP 06 2010 ] (Auth: §328J-11) (Imp: §§328-7, 328J-11)