3.1. The operator of a place referred to in section 2, except one referred to in paragraph 1 or 2 of that section, a childcare centre or a day care centre, may set up a smoking shelter on its grounds if
(1) it is used only for tobacco smoking;
(2) no other activities take place in it;
(3) it is located outside a nine-metre radius from any door, air vent or openable window communicating with a place referred to in this paragraph.
The operator of a tobacco retail outlet, within the meaning of subparagraph 1 of the second paragraph of section 14.1, may not set up a smoking shelter on the grounds of the outlet or directly or indirectly contribute to or participate in its being set up.