(1) This part 2 shall not be interpreted or construed to permit smoking where it is otherwise restricted by any other applicable law. (2) (a) (I) A local authority may, pursuant to article 16 of title 31, a municipal home rule charter, or article 15 of title 30, enact, adopt, and enforce smoking regulations that cover the same subject matter as the various provisions of this part 2; except that, unless otherwise authorized under subsection (2)(a)(II)(B) or (2)(a)(II)(C) of this section, a local authority may not adopt a local regulation of smoking that is less stringent than the provisions of this part 2. (II) (A) A local authority is specifically authorized to specify a radius of more than twenty-five feet for the area included within an entryway. (B) A local regulation that was adopted by a local authority before January 1, 2019, and that specifies a radius of less than twenty-five feet for the area included within an entryway remains valid and must be given effect after July 1, 2019. (C) If a person owns or leases business premises that were under construction or renovation on July 1, 2019, and that complied with a local regulation of smoking that specified a radius of less than twenty-five feet for the area included within an entryway, and, as of July 1, 2019, has applied for or received from the municipality, city and county, or county in which the premises are located, a certificate of occupancy for the structure to be used for the business premises, the person is deemed in compliance with all local regulations specifying the radius of the area included within an entryway. (b) The municipal courts or their equivalent in any city, city and county, or town have jurisdiction over violations of smoking regulations enacted by any city, city and county, or town under this section.
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