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Places where Smoking is Prohibited according to Spanish Law


In particular, Law 42/2010, of December 30th, which modifies Law 28/2005, of December 26th, on sanitary measures against smoking and regulating the sale, supply, consumption and advertising of tobacco products, establishes the express prohibition of smoking in the areas and centers compiled in its Article 7, which reads as follows:


«Article 7. Prohibition of smoking.


Smoking is prohibited, in addition to those places or spaces defined in the regulations of the Autonomous Communities, in:


a) Public and private workplaces, except in outdoor spaces.


b) Centers and dependencies of public administrations and public law entities.


c) Health centers, services or establishments, as well as in outdoor or covered spaces, included in their enclosures.


d) Educational and training centers, except in the open-air spaces of university centers and those exclusively dedicated to adult education, provided they are not immediate access to the surrounding buildings or sidewalks.


e) Sports facilities and places where public shows take place, as long as they are not outdoors.


f) Areas intended for direct attention to the public.


g) Shopping centers, including department stores and galleries, except in open-air spaces.


h) Social attention centers.


i) Leisure or entertainment centers, except in open-air spaces.


j) Cultural centers, reading rooms, exhibitions, libraries, conferences and museums.


k) Party halls, gaming establishments or for public use in general, except in open-air spaces.


l) Areas or establishments where food is made, transformed, prepared, tasted or sold.


m) Elevators and elevators.


n) Telephone booths, ATM enclosures and other closed spaces for public use of small size. A space for public use of small size is understood to be one that does not occupy an area greater than five square meters.


ñ) Bus stations, except in spaces that are outdoors, vehicles or means of urban and interurban collective transport, company transport vehicles, taxis, ambulances, funiculars and cable cars.


o) All suburban transport spaces (wagons, platforms, corridors, stairs, stations, etc.), except in spaces that are completely outdoors.


p) Stations, ports and means of rail and maritime transport, except in open-air spaces.


q) Airports, except in spaces that are outdoors, aircraft with origin and destination in national territory and on all flights of Spanish airlines, including those shared with flights of foreign companies.


r) Service stations and the like.


s) Any other place in which, by mandate of this Law or another norm or by decision of its owner, smoking is prohibited.


t) Hotels, hostels and similar establishments, except in outdoor spaces. However, fixed rooms for smokers may be enabled, provided they meet the requirements established in article 8.


u) Bars, restaurants and other catering establishments closed.


v) Theaters, cinemas and other public shows that take place in closed spaces.


w) Enclosures of playgrounds and areas or play areas for children, understanding as such the delimited outdoor spaces that contain equipment or conditioning specifically intended for the game and recreation of minors.


x) In all other closed spaces for public or collective use.»

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