US Lawyer Database

Sec. 18.35.399. Definitions.

In AS 18.35.301 – 18.35.399, (1) “business” means a for-profit or nonprofit sole proprietorship, partnership, joint venture, corporation, professional corporation, private club, retail seller of goods or services, or other business entity; (2) “commissioner” means the commissioner of health or the commissioner’s designee; (3) “department” means the Department of Health; (4) “e-cigarette” means any product […]

Sec. 18.35.301. Prohibition of smoking.

(a) An individual may not smoke in an enclosed area in a public place, including an enclosed area (1) at an entertainment venue or a sports arena; (2) on a bus, in a taxicab, on a ferry, or in another vehicle used for public transportation; (3) at a public transit depot, bus shelter, airport terminal, […]

Sec. 18.35.306. Notice of prohibition.

(a) A person who is in charge of a place or vehicle where smoking is prohibited under AS 18.35.301 shall conspicuously display in the place or vehicle a sign that (1) reads “Smoking Prohibited by Law-Fine $50”; (2) includes the international symbol for no smoking; or (3) includes the words “No Puffin” with a pictorial […]

Sec. 18.35.311. Duty of employers and building managers.

(a) An employer may not permit an employee, customer, or other person to smoke inside an enclosed area at a place of employment. (b) The owner, operator, manager, or other person who manages a building or other place where smoking is prohibited under AS 18.35.301 may not provide ashtrays or other smoking accessories for use […]

Sec. 18.35.316. Powers and duties of the commissioner.

(a) The commissioner (1) shall administer and enforce the requirements of AS 18.35.301 – 18.35.399; (2) may adopt regulations under AS 44.62 (Administrative Procedure Act) necessary to carry out the duties under this section. (b) In addition to other powers granted the commissioner under AS 18.35.301 – 18.35.399, the commissioner may delegate to another agency […]

Sec. 18.35.321. Public education.

(a) The commissioner shall ensure that employers, property owners, property operators, and other members of the public are provided ongoing access to (1) a program of education regarding the requirements in AS 18.35.301 – 18.35.399; (2) an electronically published printable brochure that summarizes the requirements in AS 18.35.301 – 18.35.399. (b) The program of education […]

Sec. 18.35.326. Nonretaliation.

(a) An employer may not discharge or in any other manner retaliate against an employee because the employee cooperates with or initiates enforcement of a requirement in AS 18.35.301 – 18.35.399. (b) The owner or operator of a vehicle or other place that is subject to a requirement in AS 18.35.301 – 18.35.399 may not […]

Sec. 18.35.331. Conflicts with local requirements.

Nothing in AS 18.35.301 – 18.35.399 prohibits a municipality from adopting an ordinance imposing additional (1) limitations on smoking; (2) duties on employers, owners, operators, and other persons who are subject to the requirements of AS 18.35.306 or 18.35.311 related to smoking; or (3) limitations on smoking in an outdoor area at a municipal park […]

Sec. 18.35.340. Civil complaints; penalties.

(a) The commissioner shall develop and maintain a procedure for processing reports of violations of AS 18.35.301, 18.35.306, 18.35.311, and 18.35.326. (b) If, after investigating a report made under this section, the commissioner determines that a violation has occurred, (1) the commissioner may file a civil complaint in the district court to enforce the provisions […]

Sec. 18.35.341. Citations; penalty.

(a) A peace officer may issue a citation for a violation of AS 18.35.301, 18.35.311, or 18.35.326 committed in the officer’s presence or for a violation of AS 18.35.306. The provisions of AS 12.25.175 – 12.25.230 apply to the issuance of a citation under this subsection. (b) An employee of the department designated by the […]