new text begin Subdivision 1. new text end

new text begin Scientific study participants. new text end

new text begin Smoking by
participants in peer reviewed scientific studies related to the
health effects of smoking may be allowed in a separated room
ventilated at a rate of 60 cubic feet per minute per person
pursuant to a policy that is approved by the commissioner and is
established by the administrator of the program to minimize
exposure of nonsmokers to smoke.
new text end

new text begin Subd. 2. new text end

new text begin Traditional native american
ceremonies. new text end

new text begin Sections 144.414 to 144.417 do not prohibit the
lighting of tobacco by an Indian adult as part of a traditional
Indian spiritual or cultural ceremony. For purposes of this
section, an Indian is a person who is a member of an Indian
tribe as defined in section 260.755, subdivision 12.
new text end

new text begin Subd. 3. new text end

new text begin Bars. new text end

new text begin Sections 144.414 to 144.417 do not
prohibit smoking in a bar provided it has an on-sale
intoxicating liquor license, an on-sale nonintoxicating malt
liquor license, an on-sale 3.2 percent malt liquor license, a
wine license, or a strong beer liquor license; and
new text end

new text begin (1) the bar's sales of beer, nonintoxicating malt liquor,
3.2 percent malt liquor, wine, and intoxicating liquor are
demonstrated for an existing licensee to be, or for an initial
licensee projected to be, more than 50 percent of the total net
sales of food and beverages, after taxes, that are served in the
establishment. For the purposes of this section, "sales" are
the sales reported to the Department of Revenue from the most
recent calendar year; or
new text end

new text begin (2) the bar:
new text end

new text begin (i) is separated from the restaurant on all sides by
continuous floor-to-ceiling walls, which are interrupted only by
closeable doors that are continuously closed, except when a
person is actively entering or exiting the bar;
new text end

new text begin (ii) has ventilation systems that are totally separated
from the restaurant, with the bar maintaining a negative air
pressure in relation to the adjacent restaurant;
new text end

new text begin (iii) does not permit entrance or employment of minors at
any time notwithstanding section 340A.503, subdivision 4,
paragraph (b); and
new text end

new text begin (iv) has a food or beverage license, which is separate from
the restaurant, issued by the appropriate licensing agency.
new text end

new text begin Subd. 4. new text end

new text begin Private clubs. new text end

new text begin Sections 144.414 to 144.417 do
not prohibit smoking in private clubs, except when they are open
to serve food or drink to members of the public who are not
members of the club. Guests accompanied by members are
considered the same as members. For the purposes of this
section, a private club is an incorporated organization
organized under the laws of the state for civic, fraternal,
social, or business purposes; intellectual improvement; or
promotion of sports or is a congressionally chartered veterans'
organization that:
new text end

new text begin (1) has more than 25 members;
new text end

new text begin (2) has owned or rented a building or space in a building
for more than one year that is suitable and adequate for the
accommodation of its members;
new text end

new text begin (3) is directed by a board of directors, executive
committee, or other similar body chosen by the members at a
meeting held for that purpose. No member, officer, agent, or
employee shall receive any profit from the distribution or sale
of beverages to the members of the club or their guests beyond a
reasonable salary or wage fixed and voted upon each year by the
governing body;
new text end

new text begin (4) does not restrict its membership on the basis of race,
color, creed, religion, or national origin; and
new text end

new text begin (5) was not established to avoid compliance with sections
144.414 to 144.417.
new text end

new text begin Subd. 5. new text end

new text begin Restaurants. new text end

new text begin Sections 144.414 to 144.417 do not
prohibit smoking in restaurants that are closed to the public
while being used for a private function.
new text end

new text begin Subd. 6. new text end

new text begin Private places. new text end

new text begin Except as provided in section
144.414, subdivision 2, nothing in sections 144.411 to 144.417
prohibits smoking in:
new text end

new text begin (1) private homes, private residences, or private
automobiles; or
new text end

new text begin (2) a hotel or motel sleeping room rented to one or more
guests.
new text end