Question
The Smoke-Free Arizona Act passed by voter initiative in November 2006. See Smoke Free Arizona. The law prohibits smoking in all public places and places
The Smoke-Free Arizona Act passed by voter initiative in November 2006. See Smoke Free Arizona. The law prohibits smoking "in all public places and places of employment within the state of Arizona."Public place" is defined as "any enclosed area to which the public is invited or in which the public is permitted," including bars and restaurants. There are some exceptions to the law, including for "[r]etail tobacco stores that are physically separated so that smoke from retail tobacco stores does not infiltrate into areas where smoking is prohibited under the provisions of this section." A retail tobacco stores is defined as "a retail store that derives the majority of its sales from tobacco products and accessories.. Businesses who violate the law may be assessed a fine between $100 to $500 per violation per day. Smoke Free Arizona. If a Superior Court concludes there is a pattern of noncompliance, a business owner could be assessed a fine of up to $5,000 per violation per day. Smoke Free Arizona.
Cigars R Us operates in Phoenix, Arizona.* Cigars R Us holds a tobacco distributor license, which allows it to sell tobacco products and accessories, and it also holds a liquor license that allows the establishment to sell alcohol for consumption both on and off its premises. It permits smoking on its premises and has a lounge area where customers can smoke and be sold alcoholic beverages.
Has Cigars R Us violated the Smoke-Free Arizona Act? Are there any additional facts that will need to answer during investigation to determine whether a violation has occurred?
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