Now that the Montana Clean Indoor Air Act is fully implemented, some business owners are employing new ways to accommodate smoking guests - but many proprietors may not know what the state requires when it comes to building "smoking shacks."
Because the law is so new, there's still a lot to learn, so what officials are doing is looking at what state law defines as an "enclosed room" and working from there.
By definition of the law, an enclosed room has a door and walls that reach from floor to ceiling, so an area for smokers outside of a bar or casino needs to be completely open with no door, but officials will need to evaluate each area on a case by case basis.
Alicia Thompson, executive director of the City-County Health Department, noted, "There isn't a real straight, clean answer at this time because there are so many unknowns as to how it's going to be implemented, and we do have to coordinate with the liquor boards and everyone else."
Some other challenges that arise are whether or not food and drinks will be served to customers in smoke shacks - because if that's the case, the smoking area could be considered part of the establishment and violate state law.
Thompson says other states have tried things like completely open gazebos, separate from the establishment where beverages and food are not allowed.
She says a smoking area at least 20-feet away from the bar or casino - that's open on all sides - will probably be the safest bet.
WEB EXTRA: the Smoke-Free Montana website, on its Frequently Asked Questions page (new window, PDF), says this about outdoor smoking patios:
Q: What about outdoor smoking or patios?
A: Secondhand smoke kills people. When people smoke outside of a building, secondhand smoke can drift inside through air intake vents and doorways. For your own, your employees' and your patrons' health, consider implementing a setback rule, where no smoking is permitted within 30 feet of your building to avoid direct exposure and smoke drifting into your establishment. Increased public understanding of this health problem has made changes like these readily acceptable.
