(A) Cannabis. Consumption of cannabis pursuant to the Cannabis Regulation Act is permitted in private spaces and licensed "cannabis consumption areas." Smoking in a cannabis consumption area on a licensed premises shall be allowed only if the cannabis consumption area is in a designated smoking area or in a standalone building from which smoke does not infiltrate other indoor workplaces or other indoor public places where smoking is otherwise prohibited pursuant to state and/or local law.
(B) Tobacco. Notwithstanding any other provision of the Albuquerque Clean Indoor Air Ordinance, tobacco smoking-permitted areas include the following:
(1) A private residence unless it is used commercially to provide child care, adult day care, or serves as a health care facility;
(2) A retail tobacco store;
(3) A cigar bar;
(4) The facilities of a tobacco manufacturing company licensed by the United States to manufacture tobacco products that are operated by the company in its own name and that are used exclusively by the company in its business of manufacturing, marketing or distributing its tobacco products; provided that smoke does not infiltrate other indoor workplaces or other indoor public places where smoking is otherwise prohibited under the Albuquerque Clean Indoor Air Ordinance;
(5) A state-licensed gaming facility, casino or bingo parlor;
(6) An indoor workplace to the extent that tobacco smoking is an integral part of a smoking cessation program that is approved by the department or of medical or scientific research that is conducted in the indoor workplace and in which each room of the indoor workplace in which tobacco smoking is permitted complies with signage requirements;
(7) Designated outdoor smoking areas;
(8) Private clubs;
(9) A limousine under private hire;
(10) Hotel and motel rooms that are rented to guests and are designated as smoking- permitted rooms; provided that not more than 25% of rooms rented to guests in a hotel or motel may be so designated;
(11) Enclosed areas within restaurants, bars, hotel and motel conference or meeting rooms while these places are being used for private functions; provided that none of these areas are open to the general public while the private functions are occurring and provided that smoke does not infiltrate other indoor workplaces or indoor public places where smoking is otherwise prohibited under the Albuquerque Clean Indoor Air Ordinance;
(12) A site that is being used in connection with the practice of cultural or ceremonial activities by Native Americans and that is in accordance with the federal American Indian Religious Freedom Act, 42 U.S.C. 1996 and 1996a; and
(13) A theatrical stage or a motion picture or television production set when it is necessary for performers to smoke as part of the production.
(Ord. 21-2008; Am. Ord. 2022-16)