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<br />(2) All buildings and other enclosed structures owned by the <br />State, its agencies or political subdivision, including but not limited <br />to hospitals and State institutions for the mentally retarded and the <br />mentally ill; university and college buildings, except rooms within <br />those buildings used primarily as the residences of students or <br />other persons affiliated with the university or college; office <br />buildings; libraries; museums; and vehicles used in public <br />transportation. That portion of a building or other enclosed <br />structure that is owned by the State, a State agency or a political <br />subdivision and that is used primarily as a food service <br />establishment is not a place of public assembly. <br />(3) Each portion of a building or enclosed structure that is not <br />included in subsection (a)(1) or (2) hereof is a place of public <br />assembly if it has a seating capacity of fifty or more persons and <br />is available to the public. Restaurants, food service <br />establishments, dining rooms, cafes, cafeterias or other rooms used <br />primarily for the service of food, as well as bowling alleys and <br />places licensed by the Department of Liquor Control to sell <br />intoxicating beverages for consumption on the premises, are not <br />places of public assembly. <br />(b) For the purpose of separating persons who smoke from <br />persons who do not smoke for the comfort and health of persons <br />not smoking, in every place of public assembly there shall be an <br />area where smoking is not permitted, which shall be designated a <br />no smoking area. Provided that, no more than one-half of the <br />rooms in any health care facility in which persons are confined as <br />a matter of health care may be designated as smoking areas in their <br />entirety. The designation shall be made before the place of public <br />assembly is made available to the public. In places included in <br />subsection (a)(1) hereof the local fire authority having jurisdiction <br />sha11 designate no smoking area. In places included in subsection <br />(a)(2) hereof that are owned by the Municipality, Council shall <br />designate an officer who shall designate the area. In places <br />included in subsection (a)(3) hereof, the person having control of <br />the operations of the place of public assembly shall designate the <br />no smoking area. In places included in subsection (a)(2) hereof <br />which are also included in subsection (a)(1) hereof, the officer who <br />has authority to designate the area in places in subsection (a)(2) <br />hereof shall designate the no smoking area. A no smoking area <br />may include the entire place of public assembly. Designations <br />shall be made by the placement of signs that area clearly visible