Since 2003, the law has protected millions of New Yorkers from daily exposure to deadly second-hand smoke and the diseases it causes. The law saves lives and money. Studies show that in the first year alone, the expansion of the law resulted in about 3,800 fewer hospitalizations for heart attack, saving about $56 million in health care costs.1,2 Question: I know I have to ban smoking in my restaurant, but can I build a smoking room with a separate entrance to my restaurant and limit access to this room to smokers, who are twenty-one (21) years of age or older? A restaurant is a public place and the law prohibits smoking in public places. Access to the entire restaurant should be limited to individuals, including employees twenty-one (21) years of age or older, to qualify for an exemption. Question: What are the penalties for violating the smoking ban? Answer: A person who knowingly smokes in an area where smoking is prohibited is liable to a civil penalty of $50. A company that does not knowingly comply with the requirements of this law is subject to the following: owners, managers or employees must remind them of the law and explain to them that they must go out to smoke or vape. If a customer refuses to comply with the law, use common sense; the purpose of the law is to protect others from the harmful effects of second-hand smoke. (B) `tobacconist` means any commercial establishment the principal purpose of which is the sale of tobacco products, including but not limited to cigars, pipe tobacco and smoking accessories; (4) Retail or wholesale tobacco shops and private smoking rooms. For the purposes of this paragraph, the following definitions apply: (B) the date of adoption by the Occupational Safety and Health Standards Council of a regulation (i) reducing the permissible exposure of workers to tobacco smoke in the environment to levels that prevent anything but insignificant adverse effects on exposed workers, or (ii) by the Federal Environmental Protection Agency; that establishes a standard to reduce permissible exposure to tobacco smoke in the environment to a level of exposure that prevents anything but insignificant adverse effects on exposed persons. Nothing in this paragraph shall be construed as (i) replacing or rendering unenforceable any condition or restriction on smoking areas that has been made applicable to certain types of commercial facilities by another paragraph of this subdivision, or (ii) applying in place of any otherwise applicable paragraph of that subdivision that has become ineffective. No.
If a company does not comply with the law, an employee or member of the public can contact the local health department or county health department to file a complaint. Owners, managers or operators of a space open to the public, restaurant, bar or other business covered by the Act must make reasonable efforts to prevent smoking and vaping. Replaces local laws This act replaces and eliminates local laws, ordinances and regulations regarding smoking in closed workplaces. However, the law does not replace local authorities to regulate work environments that are exempt from legal application and to require the provision of break rooms for smokers and non-smokers. Nor does it prevent employers from adopting more restrictive smoking bans in the workplace. 6404.5(a)The legislator notes and declares that the regulation of smoking in the workplace is a matter of national interest and concern. The Legislative Assembly intends to pass this article to ban smoking tobacco products in all (100 percent) enclosed workplaces in this state, as discussed in this article, thereby eliminating the need for local governments to adopt workplace smoking bans in their respective jurisdictions. Parliament also intends to create a uniform national standard to restrict and prohibit smoking tobacco products in enclosed workplaces, as outlined in this section, in order to reduce workers` exposure to tobacco smoke in the environment to a level that prevents anything but insignificant adverse effects on exposed workers. and also to eliminate the confusion and distress that may arise from the adoption or application of different local smoking restrictions in the workplace. Notwithstanding any other provision of this section, Parliament intends that any area that is not defined as a “workplace” under paragraph (d) or where smoking tobacco products is not regulated under paragraph (e) be subject to local smoking tobacco products regulations. Question: To allow smoking, can a facility be non-smoking during the day and limit access to 21 or more people at night? Answer: No, an institution must restrict access to clients aged 21 and over at all times in order to be exempt from this law. Question: Are bars exempt? Answer: To be exempted under this Act, an institution must restrict access to persons 21 years of age or older at all times.
This means that bars in restaurants, bowling alleys and hotels must be non-smoking, unless the entire property restricts access to people aged 21 and over at all times. Smoking and vaping are allowed in the following areas or stores: The ICAA is a complaints-based law. This means that enforcement actions take place only on the basis of a complaint from a citizen, including employees of the company. Question: What version of the Smoke-Free Workplaces Act was passed by both the House of Representatives and the Senate and signed by Governor Bredesen? Answer: The House Bill 1851 was passed by the state House of Representatives. The original wording of the bill has been changed and completely replaced with stricter requirements for smoke-free workplaces. This amendment is Amendment No. 2 of the House of Representatives. The Senate Bill was passed by the State Senate in 1325. The wording of this bill has been amended and replaced with language that reflects Bill HB1851. If they are intended for smokers, there must also be a sufficient number of break rooms to accommodate non-smokers. However, the law does not require employers to provide smoking areas or break rooms for smokers or to provide non-smokers with break rooms where they are not intended for smokers. Yes.
Smoking and vaping are allowed in restaurants, bars, conference rooms of hotels and motels, dining rooms, convention halls and other similar facilities ONLY if the closed areas are used exclusively for the purpose of inviting the public to try tobacco products or electronic cigarettes, and serving food and beverages is incidental for this purpose. A permanent establishment may not allow more than two days per calendar year for these events. (e) Subparagraphs 13 and 14 (d) shall not be construed as requiring employers to provide reasonable accommodation for smokers or to provide break rooms for smokers or non-smokers.
