[§328J‑6]  Presumptivelyreasonable distance.  Smoking is prohibited within a presumptivelyreasonable minimum distance of twenty feet from entrances, exits, windows thatopen, and ventilation intakes that serve an enclosed or partially enclosed areawhere smoking is prohibited.  Owners, operators, managers, employers, or otherpersons who own or control a place open to the public or place of employmentmay seek to rebut the presumption that twenty feet is a reasonable distance bysubmitting an application to the department.  The presumption will be rebuttedif the applicant can show by clear and convincing evidence that, given thecircumstances presented by the location of entrances, exits, windows that open,ventilation intakes, or other factors, smoke will not infiltrate into the placeopen to the public or place of employment. [L 2006, c 295, pt of §2]