Title 19, Health

[§328J-12] Penalties. (a) A person who smokes in an area where smoking is prohibited by this chapter shall be guilty of a violation and fined not more than $50 to be deposited into the general fund. The district courts may assess costs not to exceed $25 for issuing a penal summon…

[§328J-13] Public education. The department shall engage in a public education program to explain and clarify the purposes and requirements of this chapter to the public, and to guide owners, operators, and managers in their compliance with it. The program may include but is not …

[§328J-14] Other applicable laws. This chapter shall not be interpreted or construed to permit smoking where it is otherwise restricted by other applicable laws. [L 2006, c 295, pt of §2]

[§328J-15] County ordinances. (a) Nothing in this chapter shall be construed to supersede or in any manner affect a county smoking ordinance; provided that the ordinance is at least as protective of the rights of nonsmokers as this chapter. (b) Nothing in this chapter shall prohi…

[§328J-16] Cigarette sales from vending machines and by lunch wagons prohibited. (a) The sale or distribution at no charge of cigarettes by the following methods is prohibited: (b) Violations of subsection (a), including placement of a cigarette vending machine in a location othe…

[§328J-17] Distribution of sample cigarette or tobacco products, cigarette or tobacco promotional materials, and coupons redeemable for cigarette or tobacco products or promotional materials. (a) It is unlawful for any person to distribute samples of cigarette or tobacco products…

§328J-18 Placement of cigarettes and tobacco products. (a) Except as otherwise provided under this section, a retailer may sell cigarettes, smokeless tobacco, and all other tobacco products only in a direct, face-to-face exchange between the retailer and the consumer. Examples of…

[§328J-2] Prohibition in facilities owned by the State or the counties. Smoking shall be prohibited in all enclosed or partially enclosed areas, including buildings and vehicles owned, leased, or operated by the State or any county. [L 2006, c 295, pt of §2]

[§328J-3] Prohibition in enclosed or partially enclosed places open to the public. Smoking shall be prohibited in all enclosed or partially enclosed areas open to the public, including but not limited to the following places:

[§328J-4] Prohibition in enclosed or partially enclosed places of employment. Smoking shall be prohibited in all enclosed or partially enclosed areas of places of employment. [L 2006, c 295, pt of §2]

[§328J-5] Prohibition in sports arenas, outdoor arenas, stadiums, and amphitheaters. Smoking shall be prohibited in the enclosed or partially enclosed areas and in seating areas of sports arenas, outdoor arenas, stadiums, and amphitheaters. [L 2006, c 295, pt of §2]

[§328J-6] Presumptively reasonable distance. Smoking is prohibited within a presumptively reasonable minimum distance of twenty feet from entrances, exits, windows that open, and ventilation intakes that serve an enclosed or partially enclosed area where smoking is prohibited. Ow…

§328J-7 Exceptions. Notwithstanding any other provision of this chapter to the contrary, the following areas shall be exempt from the provisions of sections 328J-3, 328J-4, and 328J-5:

[§328J-8] Declaration of establishment as nonsmoking. (a) Notwithstanding any other provision of this chapter, an owner, operator, manager, or other person in control of an establishment, facility, or outdoor area may declare that an entire establishment, facility, or outdoor are…

[§328J-9] Signs. Clearly legible signs that include the words "Smoking Prohibited by Law" with letters of not less than one inch in height or the international "No Smoking" symbol, consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a red…