US Lawyer Database

§ 39-17-1803. Places Where Smoking Is Prohibited

Smoking is prohibited in all enclosed public places within this state, including, but not limited to, the following places: Aquariums, galleries, libraries, and museums; Areas available to and customarily used by the general public in businesses and nonprofit entities patronized by the public, including, but not limited to, banks, laundromats, factories, professional offices, and retail […]

§ 39-17-1804. Exempted Areas

Notwithstanding any other provision of this part to the contrary, the following areas shall be exempt from § 39-17-1803: Age-restricted venues; Hotel and motel rooms that are rented to guests and are designated as smoking rooms; provided, that no more than twenty-five percent (25%) of rooms rented to guests in a hotel or motel may […]

§ 39-17-1805. Posting of Nonsmoking Areas

“No Smoking” signs or the international “No Smoking” symbol, consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a red bar across it, shall be clearly and conspicuously posted at every entrance to every public place and place of employment where smoking is prohibited by this part by the […]

§ 39-17-1806. Enforcement — Notice — Complaints — Inspections — Informing Violators

This part shall be enforced by the department of health in those enclosed public places otherwise regulated by the department. This part shall be enforced by the department of labor and workforce development in those enclosed public places otherwise regulated by the department. If neither department otherwise regulates an enclosed public place where smoking is […]

§ 39-17-1807. Penalties

A person who knowingly smokes in an area where smoking is prohibited by this part shall be subject only to a civil penalty of fifty dollars ($50.00). A person who owns, manages, operates or otherwise controls any public place where smoking is prohibited pursuant to this part and who knowingly fails to comply with any […]

§ 39-17-1603. Part Definitions

As used in this part, unless the context otherwise requires: “Children” means individuals who have not attained eighteen (18) years of age; “Community center” means any center operated by any city or county government that is used for children’s activities; “Day care center” means any place, operated by a person, society, agency, corporation, institution or […]

§ 39-17-1604. Places Where Smoking and Use of Vapor Products Is Prohibited

Smoking or the use of vapor products is not permitted, and no person shall smoke or use vapor products, in the following places: Child care centers; provided, that the prohibition of this section does not apply to child care services provided in a private home. Adult staff members may be permitted to smoke or use […]

§ 39-17-1605. “No Smoking” Signs — Posting Notice

“No Smoking” signs, or the international “No Smoking” symbol, which consists of a pictorial representation of a burning cigarette enclosed in a circle with a bar across it, shall be prominently posted and properly maintained on each main building entrance where smoking is regulated by this part. The “No Smoking” signs or “No Smoking” symbols […]

§ 39-17-1606. Penalty — Enforcement

An institution violating this part or failing to take reasonable measures to enforce this part commits a Class B misdemeanor, punishable only by a fine not to exceed five hundred dollars ($500). Any law enforcement officer may issue a citation regarding a violation of this part.