[§328J‑6]  Presumptively
reasonable distance.  Smoking is prohibited within a presumptively
reasonable minimum distance of twenty feet from entrances, exits, windows that
open, and ventilation intakes that serve an enclosed or partially enclosed area
where smoking is prohibited.  Owners, operators, managers, employers, or other
persons who own or control a place open to the public or place of employment
may seek to rebut the presumption that twenty feet is a reasonable distance by
submitting an application to the department.  The presumption will be rebutted
if the applicant can show by clear and convincing evidence that, given the
circumstances presented by the location of entrances, exits, windows that open,
ventilation intakes, or other factors, smoke will not infiltrate into the place
open to the public or place of employment. [L 2006, c 295, pt of §2]