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Jump to full article: Minnesota Judicial Branch (State Courts), 2009-07-14
Intro: S Y L L A B U S
The district court did not err by concluding that customers of appellant's bar were
not engaged in a "theatrical performance" while smoking in the bar on the date of the
alleged offense. Accordingly, the district court did not err by finding appellant guilty of
allowing smoking in a public place in violation of Minnesota Statutes section 144.417,
subdivision 2(a) (Supp. 2007).
. . .
The district court did not err by concluding that the conduct of the customers of
Tank's Bar on the afternoon of March 14, 2008, was not within the theatrical-performance
exception to the Minnesota Clean Indoor Air Act's prohibition on smoking in bars.
Therefore, the district court did not err by finding Marinaro guilty of the charged offense.
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