§ 1481a. Short title

This Act may be cited as “The Virgin Islands Smoke-free Act” or “The Smoke-free Act”.

§ 1482. Definitions

When used in this chapter, the term (1) “Bar” means an indoor establishment devoted to serving alcoholic beverages for on-premises consumption and where the serving of food is only incidental to the consumption of those beverages. Bar includes taverns, nightclubs, lounges or cabarets. (2) “Business” means any sole proprietorship, partnership, joint venture, corporation or other […]

§ 1483. Prohibition

(a) Except as provided in section 1484, smoking is prohibited in the Virgin Islands in: (1) enclosed areas of public places; (2) enclosed areas of places of employment; (3) any outdoor service or waiting line and in, and within twenty feet from any point of any service or waiting line; and (4) and within twenty […]

§ 1484. Exceptions

(a) The prohibition in section 1483 is subject to the following exceptions: (1) Smoking is not prohibited in any private club as defined under section 1482, paragraph (6), or in any cigar factory, as defined in section 1482, paragraph (4) if no member is under 18 years old is present while any club member is […]

§ 1485. Prohibited condition of employment: smoking by employees outside the course of employment

(a) (1) This chapter may not be construed as allowing an employer or agent of an employer to require, as a condition of employment, that an employee or prospective employee refrain from smoking or using tobacco products outside the course the employee’s employment, or to otherwise discriminate against an employee with respect to compensation, terms, […]

§ 1486. Posting of signs

(a) 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 must be clearly and conspicuously posted at every entrance of and inside every public place and place of employment where smoking is prohibited under this […]

§ 1487. Responsibilities of proprietors

The proprietor shall take the following measures to prevent smoking in public places or places of employment. The proprietor shall: (1) Post signs in accordance with section 1486; (2) Remove matches, cigarette lighters and ashtrays from areas where smoking is prohibited; (3) Request of any person observed or believed to be smoking in an area […]

§ 1488. Nonretaliation

No employer may retaliate against an employee, applicant or customer for exercising any right provided by this chapter.

§ 1489. Intent

(a) (1) In any area or establishment where smoking is not prohibited, nothing in this chapter prohibits a proprietor of an establishment from voluntarily establishing nonsmoking portions or designating the entire establishment as smoke-free. (2) Nothing in this chapter prohibits proprietors of places of employment from providing an outdoor smoking space for their employees; except […]

§ 1491. Administration; enforcement

(a) (1) The Commissioner of Health is the designated person and the Department of Health is designated lead department responsible for administration and enforcement of the provisions of this chapter. However, every peace officer may enforce this chapter pursuant to 5 V.I.C. § 3562(1). (2) The Commissioner of Health shall promulgate regulations necessary to carry […]

§ 1493. Private action

(a) (1) Any person may maintain an action for declaratory and equitable relief against a proprietor to restrain any violation of this chapter. On a prima facie showing of a violation of this chapter, the court shall grant preliminary equitable relief to restrain any further violation hereof. No bond is required for an action under […]

§ 1494. Government buildings, places of employment

The Department of Health shall investigate complaints of violations of this chapter at government buildings or places of employment and all other noncommercial public places. (a) The Department of Health may cite any department, agency, or instrumentality of the Government of the Virgin Islands not in compliance with this chapter. Any department, agency, or government […]

§ 1495. Inspection of places

(a) (1) The Department of Health, Department of Licensing and Consumer Affairs or Fire Services on its own initiative, or by the request of the Commissioner of Health, shall inspect any public place or place of employment, subject to the provisions of this chapter for compliance. (2) Inspections must be during hours of operation or […]

§ 1496. Penalties

(a) (1) A person who smokes in an area where smoking is prohibited under section 1483 and where a no-smoking sign has been posted in conformity with this chapter commits an infraction that is a civil offense punishable by a fine in an amount not less than $100 and not more than $250 for each […]

§ 1497. Education

(a) (1) The Department of Health, in conjunction with the Department of Licensing and Consumer Affairs, shall conduct seminars to educate business proprietors, employers and employees about the health and economic effects of smoking, tobacco use and exposure to secondhand smoke. Successful completion of a seminar, as demonstrated by a passing score on a test […]

§ 1498. Severability

The provisions of this chapter are severable. If any provision of this chapter or the application the provision is declared by a court of competent jurisdiction to be invalid or unconstitutional, the declaration does not affect the validity of the chapter as a whole or any provision of the section other than the part declared […]

§ 1499. Other applicable laws

This chapter may not be interpreted or construed to permit smoking where it is otherwise restricted by other applicable laws.