|
|
Advertisements Banned on Lottery Tickets
Yes: A provision in the law clearly states that tobacco advertisements
are banned from lottery tickets.
No: The law does not state that tobacco advertisements are banned from
lottery tickets; or, the law contains no language regarding tobacco
advertisements on lottery tickets. |
| |
Advertising Banned on Public Transportation
Yes: A provision in the law states that tobacco advertisements are
banned on public transportation.
No: The law does not state that tobacco advertisements are banned on
public transportation; or, the law contains no language regarding tobacco
advertisements on public transportation. |
| |
Advertising Banned on State Property
Yes: A provision in the law states that tobacco advertisements are
banned on state-owned property.
No: The law does not state that tobacco advertisements are banned on
state-owned property; or, the law contains no language regarding tobacco
advertisements on state-owned property. |
| |
Advertisements Banned on Video Games
Yes: A provision in the law states that tobacco advertisements are
banned from appearing on electronic video games, either in the design or the
appearance on-screen.
No: The law does not state that tobacco advertisements are banned from
appearing on electronic video games, either in the design or the appearance
on-screen; or, the law contains no language regarding tobacco advertisements
appearing on electronic video games. |
| |
Age Requirement of Child (#)
The age requirement of the children that are required to be in the vehicle for
the smoking ban to apply.
|
| |
Any Advertising Restrictions
Yes: A provision in the law states that there is any type of restriction
specifically related to the advertising of tobacco products. The restrictions
may include limitations on billboards, proximity to schools and churches and on
public transportation.
No: The law does not state that there are restrictions related to the
advertising of tobacco products including restrictions regarding billboards,
schools and churches, and public transportation; or, the law contains no
language regarding the restriction of tobacco advertisements. |
| |
Any Advertising Restriction on Tobacco Billboards
Yes: A provision in the law clearly establishes any type of
restrictions, including bans, specifically on tobacco billboard advertisements.
No: The law does not establish or list restrictions specifically on
tobacco billboard advertisements; or, the law contains no language regarding
advertisements on tobacco billboards. Because the STATE System tracks only
tobacco-specific law, general state restrictions on outdoor advertising, are
not recorded here unless they specifically relate to tobacco advertising. |
| |
Banned from Locations
Yes: A provision in the law states that vending machines are not allowed
in areas accessible to youths. Specific areas include bars, factories, and
other places not usually frequented by youths.
No: The law allows vending machines in areas accessible to youths, or
the legislation does not have any wording regarding the placement of vending
machines. |
| |
Banning of Tobacco Billboards
Yes: A provision in the law states that tobacco billboard advertisements
are banned.
No: The law permits tobacco billboard advertisements; or, the law
contains no language regarding tobacco billboard advertisements. |
| |
Bars
Bars are stand-alone establishments that primarily serve alcohol for
consumption on the premises.
|
|
Case Citation(s)
The citations for cases that address matters of related to preemption of local
ordinances on clean indoor air in restaurants, private worksites, and
government worksites are listed in the legal citation format in this field.
Cases that deal solely with enforcement of clean indoor air provisions are not
listed.
|
| |
Case Holding Date(s)
This field provides the date, in an eight-digit format (month/date/year), that
the decision cited in the case citations field was made by the court. This may
be the same as, or earlier than, the publication date of the opinion or order. |
| |
Case Law Available (y/n)
A "Yes" in this field indicates that there is relevant case law that explicitly
relates to the preemption of local clean indoor air ordinances related to
restaurants, private worksites, and government worksites. A "No" indicates that
there is no relevant case law and that the remaining fields should appear
blank.
|
| |
Case Law Comments
This field contains any comments about the status of the case law. When a case
is known to be on appeal to a higher court, this information will be reflected
in the comments. In addition, anything unique about the case law will be
reflected in this field.
|
| |
Case Law Preemption (y/n)
This field reflects whether the holdings explicitly stated by the courts in
available case law indicates that either: yes, the courts state that there is
preemption of more stringent local clean indoor air ordinances applicable to
restaurants, private worksites, and government worksites, or no, the courts
state that more stringent local ordinances are not preempted.
|
| |
Case Summary Text
The case summary text field is reflects a short synopsis of the court
decision(s) related to preemption. If the court decision reflects opinions
about subjects other than clean indoor air preemption in restaurants, private
worksites, or government worksites, this information is not captured. Where
possible, the text for the synopsis is drawn verbatim from the case syllabus or
the court opinion.
|
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Chewing Tobacco (cents per ounce)
The excise tax, in cents per ounce, levied on chewing tobacco. The chewing
tobacco tax is only provided if this amount is different from the excise tax
generally imposed on smokeless tobacco. |
| |
Cigarette Sales — Youth Access
Yes: A provision in the legislation clearly preempts local jurisdictions
from enacting more stringent restrictions than the state legislation, or
restrictions that vary from the state legislation regarding sales to youth OR
there is an omnibus preemption.
No: The legislation clearly states, with anti-preemptive language that
it does not prevent local jurisdictions from enacting more stringent
restrictions than the state legislation, or restrictions that vary from the
state legislation OR contains no language referring to preemption.
|
| |
Cigarette Tax
Total state excise taxes per pack: Taxes are generally levied in mills per
cigarette or mills per pack. Each mill is equal to two cents when the tax is
per pack. If the tax is in mills per pack, the number of mills is multiplied by
two cents.
Total state excise tax per cigarette: Each mill equals 1/10th of a cent. To
arrive at a tax per cigarette multiply the number of mills times 10 and then
multiply that number by the number of cigarettes in a pack (20). Example: If
the tax is .5 mills per cigarette you multiply .5 x 10 = 5 cents and then
multiply 5 x 20 = 100 cents or $1.00. The final answer will be in cents so 280
equals $2.80.
|
| |
Cigarette Vending Machines — Youth Access
Yes: A provision in the legislation clearly preempts local jurisdictions
from enacting more stringent restrictions than the state legislation, or
restrictions that vary from the state legislation regarding vending machines OR
there is an omnibus preemption.
No: The legislation clearly states, with anti-preemptive language that
it does not prevent local jurisdictions from enacting more stringent
restrictions than the state legislation, or restrictions that vary from the
state legislation OR contains no language referring to preemption. |
| |
|
Citation
Standard form used to reference a law. Once a bill has been approved, the law
is then codified in the state statutes (state code). The citation is the
location of that law in the state statutes. Most law libraries, including the
Library of Congress, house the bound statutes for all the states. Current and
historical state statutes are also available through various online legal
research database services. In addition to the provisions of the law, the state
statute will list the legislative history of that bill (to be found in the
state sessions laws) and may also show the enacted date of the bill. This
citation is entered in to the STATE System using The Bluebook: A Uniform System
of Citation (http://www.legalbluebook.com/)* (Harvard Law Review, 1996) as a
standard format.
*Links to non-Federal organizations found at this site are provided solely as a
service to our users. These links do not constitute an endorsement of private
products or services by CDC or the Federal Government. The CDC is not
responsible for the content of the individual organization Web pages found at
these links.
|
| |
Commercial Day Care Centers
A facility that is not within a private home, used to provide care for children
for a period of time during the day. |
| |
Distribution
Yes: A provision in the legislation clearly preempts local jurisdictions
from enacting more stringent restrictions than the state legislation, or
restrictions that vary from the state legislation regarding distributing,
furnishing, or giving tobacco OR there is an omnibus preemption.
No: The legislation clearly states, with anti-preemptive language that
it does not prevent local jurisdictions from enacting more stringent
restrictions than the state legislation, or restrictions that vary from the
state legislation OR contains no language referring to preemption. |
| |
Enforcement Authority
Yes: A provision in the law states that some type of enforcement
authority has been designated to enforce the provisions. This can be a
department, agency, office, governing body or any other entity.
No: The law does not state that an agency, department, office, governing
body, or some other entity has been designated to enforce the provisions of the
legislation. |
| |
Enforcement Authority (Type)
The enforcement authority as stated in the law. If the law does not state that
an agency, department, office, governing body, or some other entity has been
designated to enforce the provisions of the law, this field will be blank. |
| |
Executive Order
Yes: The governor issued an executive order to establish the
restrictions.
No: The governor has not issued an Executive Order to establish smoking
restrictions.
|
| |
Fee per Machine (min/max)
A provision in the statute specifies a dollar amount a person or company must
pay for the machine operator fee. The minimum fee is the least amount a person
or company must pay; the maximum fee is the greatest amount a person or company
must pay. |
| |
Fire-Safe Cigarettes
Whether or not the state law requires that only fire safe cigarettes may be
sold in the state.
-
No:
There is not any provision in the law that clearly addresses fire safe
cigarette sales in the state.
-
Yes: The law requires that only cigarettes that have been established as
fire safe are permitted to be legally sold in the state.
|
Fire-Safe Cigarettes Labeling Requirement
Whether or not the state law requires manufacturers to label their cigarettes
as "fire safe."
-
No:
The law does not require or specify that manufacturers label cigarettes as
"fire safe."
-
Yes: The law requires manufacturers to label cigarettes that have been
approved as fire safe.
|
Fire-Safe Cigarettes Standard
Whether or not the state law requires manufacturers to demonstrate the
cigarettes to be sold in the state adhere to a set standard of fire safety
compliance.
-
No:
The law does not require or specify the fire safety standard manufacturers must
use to establish their cigarettes are fire safe for sale.
-
Yes: The law requires manufacturers to use a fire safe cigarettes
testing standard, such as the testing standard established by the American
Society for Testing and Materials (ASTM), to ensure the cigarettes are
fire-safe.
|
Fire-Safe Cigarettes Standard (Type)
The type of fire safe testing standard manufacturers must use to be approved to
sell fire safe cigarettes in the state. Description of the fire safe cigarette
testing standard required in the law. |
| |
Government Multi-Unit Housing
Government multi-unit housing includes public housing projects and other
multi-unit housing (multi-unit residences, apartments, condominiums, etc.)
owned or operated by a public housing or other government entity.
-
Common areas in multi-unit housing facilities include but are not limited to:
lobbies, stairways, hallways and entrances/exits.
|
Government Worksites
Government worksites are work areas that are owned, leased, or operated by the
state. |
| |
Government Worksite Preemption
Yes: A provision in the legislation clearly prevents local jurisdictions
from enacting more stringent restrictions than the state legislation, or
restrictions that vary from the state legislation with regard to government
worksites.
No: The legislation clearly states, with anti-preemptive language, that
it does not prevent local jurisdictions from enacting more stringent
restrictions than the state legislation, or restrictions that vary from the
state legislation with regard to government worksite, OR contains no language
referring to preemption.
|
| |
Home-based Day Care Centers
A facility used to provide care, within a private residence, for children for a
period of time during the day. |
| |
Hotels and Motels
An establishment that provides temporary lodging to paying guests.
-
Common areas of hotels and motels include, but are not limited to: lobbies,
stairways, hallways and entrances/exits.
-
Casino areas of hotels and motels include, but are not limited to: slots,
blackjack, poker, roulette and other games of chance. Casinos do not include
stand alone card rooms, horse or dog racing tracks, or off-track betting
facilities.
-
Native American Casinos are casinos on federally designated sovereign land that
are owned and operated by the associated tribe.
|
|
Includes Chewing Tobacco
Yes: A provision in the statute states that the required license for
vendors includes the sale of chewing tobacco.
No: The statute does not state that the required license for vendors
includes the sale of chewing tobacco.
|
| |
|
Includes Cigarettes
Yes: A provision in the statute states that the required license for
vendors includes the sale of cigarettes.
No: The statute does not state that the retail license includes the sale
of cigarettes.
|
| |
Includes Both Cigarettes and Chewing Tobacco
Yes: A provision in the statute states that the required license for
vendors includes the sale of cigarettes and chewing tobacco.
No: The required license may include only cigarettes or only chewing
tobacco or there may be no required license for either. |
| |
Level of Offense
Smoking in a vehicle is a primary or a secondary offense.
-
Primary offense:
A driver may be stopped and cited for smoking in a vehicle.
-
Secondary offense: A driver must be stopped for another traffic offense
to be cited for smoking in a vehicle.
|
License Fee (min/max)
A provision in the statute specifies a dollar amount of the license fee. The
minimum license fee is the least amount any retailer must pay to receive a
license for over-the-counter sales. The maximum fee is the greatest amount any
retailer would have to pay to receive a license for over-the-counter sales. |
| |
License Fee Required
Yes: A provision in the statute states that a license or permit fee must
be paid by any person engaged in selling tobacco products over-the-counter or
through vending machines.
No: The statute states that any person engaged in retail sales of
tobacco products is not required to pay a fee to receive the license; or the
statute contains no language regarding a required license fee. |
| |
|
License Required
Yes: A provision in the statute clearly states that any person engaged
in the business of selling tobacco products over-the-counter direct to a
consumer or through vending machines must obtain a license or permit prior to
conducting business.
No: The statute states that persons engaged in the sale of tobacco
products over-the-counter or through vending machines are not required to
obtain a license or permit; or the statute contains no language regarding
retail licenses.
|
| |
License Suspension and/or Revocation
The provision states that a violation of the provisions of the legislation may
result in the suspension and/or revocation of the business license for retail
sale of tobacco products.
-
Suspension:
A provision in the legislation states that a violation of the legislation may
result in the business having its license suspended for a specified period of
time but not revoked.
-
Revocation:
A provision in the legislation states that a violation of the legislation may
result in the business having its license revoked but not suspended.
-
Both:
A provision in the legislation clearly states that a violation of the
legislation may result in the business having its license suspended and
revoked.
-
None: No provision in the legislation stating a violation will result in
suspension or revocation of the business license.
|
|
Limited Placement
Yes: A provision in the law states that vending machines may not be
placed in areas accessible to youth, but the legislation does not specify which
areas are inaccessible to youth OR if the law states that vending machines may
be placed in areas accessible to youth only if certain other restrictions are
in place which may include, but are not limited to, any one or combination of
the following restrictions: supervision, required locking device, placement
banned in schools.
No: The law already bans vending machines from areas accessible to
youths, or the law does not limit the placement of vending machines.
|
| |
Local Government Covered
Yes: A provision in the legislation clearly states that worksites under
the control of political subdivision of the state (e.g. mayor's office) are
covered by the state legislation.
No: The legislation clearly does not state that worksites under the
control of political subdivisions of the state are covered by the legislation;
or, the legislation contains no language relating to local government coverage.
|
| |
Locking Device
Yes: A provision in the law states that vending machines require a
locking device or tokens that must be obtained from the retailer to operate the
machine.
No: The law does not state that vending machines have a locking device
or tokens that must be obtained from the retailer OR the law is silent. |
| |
Machine Operator Fee (min/max)
A provision in the statute specifies a dollar amount a person or company must
pay for the machine operator fee. The minimum fee is the least amount a person
or company must pay; the maximum fee is the greatest amount a person or company
must pay. |
| |
Maximum Percentage of Sleeping Rooms Designated
The maximum percentage of sleeping rooms the law requires to be designated as
smoking or non-smoking in a hotel or motel. This field may be blank if there is
not any provision in the law that clearly requires any type of room
designation. |
| |
Maximum Size Near Churches (sq. ft.)
The maximum size, in square feet, the tobacco billboard can be when located
near a church. |
| |
Maximum Size Near Schools (sq. ft.)
The maximum size, in square feet, of a tobacco billboard when it is located
near a school. |
| |
Minimum Age
Yes: A provision in the law clearly states that there is a minimum age
that an individual must reach before retailers can legally sell cigarettes and
other tobacco products to him/her.
No: The law does not state that there is a minimum age that an
individual must reach before retailers can legally sell cigarettes or other
tobacco products to him/her OR contains no language regarding minimum age of
sale. |
| |
Minimum Age in Years
The minimum age in years that an individual must reach before the retailer can
legally sell cigarettes and other tobacco products to him/her. |
| |
Minimum Distance Away from Churches (ft)
The minimum distance away, in feet that the tobacco billboard must be from a
church. |
| |
Minimum Distance Away from Schools (ft)
The minimum distance away, in feet, a tobacco billboard must be from a school. |
| |
Minimum Number of Employees
Yes: A provision in the legislation clearly specifies that the
restriction on smoking in the worksite is only effective for businesses with
more than a specified number of employees.
No: The legislation does not specify a minimum number of employees
required for the smoking restriction to be effective. |
| |
Minimum Number Required
The actual number of employees required for the policy to be in effect. |
| |
Minimum Percentage of Sleeping Rooms Designated
The minimum percentage of sleeping rooms the law requires to be designated as
smoking or non-smoking in a hotel or motel. This field may be blank if there is
not any provision in the law that clearly requires any type of room
designation. |
| |
Minimum Seating Capacity
Yes: A provision in the legislation clearly specifies that the
restriction on smoking applies only to restaurants with a specified minimum
seating capacity.
No: The legislation does not specify a minimum seating capacity for the
legislation to be in effect. |
| |
Minimum Seating Capacity Number
The actual number of seating necessary for the policy to be in effect. |
| |
New
This column displays legislation that has been enacted but will not be
effective until a later date. |
| |
Non-Retaliation Provision
Yes: A provision in the legislation that states an employee may not be
subject to retaliation for enforcing or attempting to enforce the provisions of
the legislation.
No: The legislation does not state that an employee is protected from
retaliation for enforcing or attempting to enforce the provisions of the
legislation. |
| |
Other Sites
Other sites with smokefree indoor air restrictions include malls, grocery
stores, enclosed arenas, public transportation, hospitals, and prisons. Grocery
stores, in legislative language, refers to all retail stores. |
| |
Over-the-Counter
Tobacco products are sold in face-to-face transactions direct to an individual
consumer. |
| |
|
Penalty (min/max)
A provision in the statute specifies a monetary fine. If the statute states "at
least X amount of dollars," X is the minimum fine and there is no maximum. If
the statute states "up to X amount of dollars," zero is the minimum fine and X
is the maximum fine. If the statute states an exact fine (and not part of a
range), that dollar amount is both the minimum and maximum fine. If the statute
states a range of fines, the lowest stated fine is the minimum and the highest
stated fine is the maximum.
|
| |
Penalty to Business
Yes: A provision in the law that establishes and lists the fines,
imprisonment or other penalties to a business that will result from a first
violation of the legislation.
No: The law does not establish and list the fines, imprisonment, or
other penalties to a business that will result from a first violation of the
legislation. |
| |
Penalty to Business (Type)
The type of penalty to be incurred by the business for the first violation of
the provision of the law. Types of penalties include misdemeanors, fines, petty
offenses, infractions, etc. If there is no penalty to business then this field
will be blank, meaning the law does not establish and/or list the fines,
imprisonment, or other penalties to a business from a violation of the
legislation. |
| |
Penalty to Smoker
Yes: A provision in the legislation clearly establishes and lists the
fines, imprisonment, or other penalties to a smoker for a violation of the
legislation.
No: The legislation does not establish or list the fines, imprisonment
or other penalties to the smoker that will result from a violation of the
legislation. |
| |
Penalty to Youth
Yes: A provision in the law clearly establishes and lists the fines or
other penalties to a youth for illegal purchase, use or possession.
No: The law does not establish or list the fines or other penalties to
the youth that will result from a violation of the legislation. |
| |
Penalty to Youth (Type)
The type of penalty to be incurred by a youth for the first violation of the
provision of the legislation. Types of penalties include misdemeanors, fines,
petty offenses, infractions, etc. This field may be blank if the legislation
does not establish and/or list the fines, imprisonment, or other penalties to a
youth within the sales to youth law(s). |
| |
Percent Smokefree Seating
The percentage of seats that must be designated as nonsmoking. |
| |
Percent Value
Smokeless tobacco products tax collected at the manufacturer or wholesale level
as a percentage of the product price. |
| |
Personal Vehicles
An enclosed self-propelled means of conveyance, such as a car or truck, which
is owned by a private owner for personal use. |
| |
Possession Prohibited
Yes: A provision in the law states that it is illegal for persons who
have not yet reached the legal age of sale to possess cigarettes and other
tobacco products.
No: The law contains no language regarding possess OR the law states
that it is not illegal for youths (or persons who have not yet reached the
legal age of sale) to possess cigarettes and/or other tobacco products in the
course of their employment. |
| |
Preemption
Yes: A provision in the legislation that prevents local jurisdictions
from enacting more stringent restrictions or restrictions that varies from the
state law.
No: The legislation clearly states, with anti-preemptive language that
it does not prevent local jurisdictions from enacting more stringent
restrictions than the state legislation, or restrictions that vary from the
state legislation OR contains no language referring to preemption. |
| |
Private Multi-Unit Housing
Private-owned housing includes apartment buildings, condominiums and other
types of multi-unit housing that are for sale or rent, and owned or operated by
a non-government owner, partnership or corporation.
-
Common areas in multi-unit housing facilities include but are not limited to:
lobbies, stairways, hallways and entrances/exits.
|
Private Worksites
Private worksites are places of work other than a building leased, owned, or
operated by the state. |
| |
Private Worksite Preemption
Yes: A provision in the legislation clearly prevents local jurisdictions
from enacting more stringent restrictions than the state legislation, or
restrictions that vary from the state legislation with regard to private
worksites.
No: The legislation clearly states, with anti-preemptive language, that
it does not prevent local jurisdictions from enacting more stringent
restrictions than the state legislation, or restrictions that vary from the
state legislation with regard to private worksites OR contains no language
referring to preemption. |
| |
|
Purchase Prohibited
Yes: A provision in the law states that it is illegal for persons who
have not yet reached the legal age of sale to purchase cigarettes and other
tobacco products.
No: The law contains no language regarding purchase OR the law states
that it is not illegal for youths (or persons who have not yet reached the
legal age of sale) to purchase cigarettes and/or other tobacco products in the
course of their employment.
|
| |
Renewal Frequency (years)
A provision in the statute specifies how frequently, in years, the retail
license must be renewed or when a license expires. |
| |
Renewal Required
Yes: A provision in the statute clearly states that any person engaged
in selling tobacco products over-the-counter or through vending machines must
periodically renew their license or permit.
No: The statute clearly states that persons licensed to sell tobacco
products over-the-counter or through vending machines are not required to
periodically renew their license or permit; or, the statute contains no
language regarding license renewal or expiration dates. |
| |
Requires a Child in a Safety Seat
Whether or not the law requires a child in a child safety seat in the vehicle
for the smoking ban to apply.
-
Yes:
The law requires a child in a safety seat in the vehicle for the smoking ban to
apply.
-
No: The law does not require a child in a safety seat in the vehicle for
the smoking ban to apply.
|
Requires a Child in the Vehicle
Whether or not the law requires children in the vehicle for the smoking ban to
apply.
-
Yes:
The law requires a child in the vehicle for the smoking ban to apply.
-
No: The law does not require a child in the vehicle for the smoking ban
to apply.
|
Requires More Than One Person in the Vehicle
Whether or not the law requires multiple people in the vehicle for the smoking
ban to apply.
-
Yes:
The law requires more than one person in the vehicle for the smoking ban to
apply.
-
No: The law does not require more than one person in the vehicle for the
smoking ban to apply.
|
Restaurants
Restaurants are establishments that serve food for consumption on the premises.
Restaurants include patron areas, bar areas, and employee areas. |
| |
Restaurant Bar
Bar areas of a restaurant. |
| |
Restaurant Preemption
Yes: A provision in the legislation clearly prevents local jurisdictions
from enacting more stringent restrictions than the state legislation, or
restrictions that vary from the state legislation with regard to restaurants.
No: The legislation clearly states, with anti-preemptive language, that
it does not prevent local jurisdictions from enacting more stringent
restrictions than the state legislation, or restrictions that vary from the
state legislation with regard to restaurants OR contains no language referring
to preemption. |
| |
Restriction in Effect at All Times
Yes: The restriction is always in effect, regardless of whether or not
children are present.
No: The legislation clearly states a time period when the restriction is
not in effect (i.e. when children are present). |
| |
Restriction in Effect Only During Business Hours
Yes: The legislation clearly states a time period when the restriction
is in effect (i.e. during business hours, when children are present).
No: The restriction is always in effect, regardless of whether or not
children are present. |
| |
Restriction on Access
Yes: A provision in the law states that there are some sort of
restrictions on access to vending machines.
No: The law does not have any restrictions regarding access to vending
machines.
|
| |
Restriction on Billboards Near Churches
Yes: A provision in the law establishes restrictions on tobacco
billboard advertisements near churches.
No: The law does not establish or list restrictions on tobacco billboard
advertisements near churches; or, the law contains no language regarding
tobacco billboard advertisements near churches. |
| |
Restriction on Billboards Near Schools
Yes: A provision in the law establishes restrictions on tobacco
billboard advertisements near schools.
No: The law does not establish or list restrictions on tobacco billboard
advertisements near schools; or, the law contains no language regarding tobacco
billboard advertisements near schools. |
| |
Signage Required
Yes: A provision in the law clearly requires the posting of signs on the
premises describing the provisions of the law.
No: The law does not require the posting of signs describing the
provisions of the law or contains no language pertaining to signage. |
| |
Sleeping Room Designation
Whether or not the law requires a certain percentage of sleeping rooms in a
hotel or motel to be designated as smoking or non-smoking rooms.
-
Yes:
A provision in the law clearly establishes a certain percentage of guest
sleeping rooms that are to be designated smoking or non-smoking.
-
No: The law does not require a certain portion of quest sleeping rooms
that are to be designated smoking or non-smoking.
|
Sleeping Room Designation (Type)
The type of room designation the law requires for sleeping rooms in a hotel or
motel.
-
Smoking Room:
The law clearly requires rooms to be designated smoking.
-
Non-Smoking Room: The law clearly requires the rooms to be designated
non-smoking. This field may be blank if there is not any provision in the law
that clearly requires any type of room designation.
|
Smokeless Tax
Yes: A provision in the law clearly states that an excise tax is levied
on smokeless tobacco products.
No: The law does not state that there is an excise tax levied on
smokeless tobacco products.
|
| |
Smokeless Warning Labels on Billboards
Yes: A provision in the law states that warning labels must be placed on
billboard advertisements for smokeless tobacco products.
No: The law does not state that warning labels must be placed on
billboard advertisements for smokeless tobacco products; or, the law contains
no language regarding warning labels on billboard advertisements for smokeless
tobacco products. |
| |
Smokeless Warning Labels on Other Advertisements
Yes: A provision in the law states that warning labels must be placed on
advertisements, other than billboard advertisements, for smokeless tobacco
products.
No: The law does not state that warning labels must be placed on
advertisements for smokeless tobacco products; or, the law contains no language
regarding warning labels on advertisements, other than billboard
advertisements, for smokeless tobacco. |
| |
Snuff (cents per ounce)
The excise tax, in cents per ounce, levied on snuff if different from the
excise tax generally imposed on smokeless tobacco. |
| |
Summary Preemption (y/n)
This variable is calculated by combining the statutory preemption variable and
the case law preemption variable according to the following logic:
| Statutory Preemption |
Case Law Preemption |
Summary Preemption |
| No |
No |
No |
| No |
Yes |
Yes |
| Yes |
No |
No |
| Yes |
Yes |
Yes |
| Yes |
Lower Court: No
Higher Court: Yes |
Yes |
| Yes |
Lower Court: Yes
Higher Court: No |
No |
| No |
Lower Court: Yes
Higher Court: No |
No |
| No |
Lower Court: No
Higher Court: Yes |
Yes |
| Yes |
Two Equal Courts:
One Yes and One No |
Yes |
| No |
Two Equal Courts:
One Yes and One No |
No |
|
| |
Supervision
Yes: A provision in the law states that vending machines are required to
be supervised by an employee of the facility where the vending machine is
placed.
No: The law does not state that an employee of the facility where the
vending machine is located must supervise the vending machines. |
| |
|
Type of Restriction
Indoor air restrictions on smoking range from least restrictive to most
restrictive:
-
None:
There is no provision in the legislation that clearly requires any type of
restriction on smoking for the specified site or a provision in the legislation
clearly states that a specific site may be designated as a smoking area in its
entirety.
-
Designated areas:
The legislation clearly requires designated smoking areas for the specified
site.
-
Separate ventilated areas:
The legislation clearly requires that smoking areas must have separate
ventilation for the specified site.
-
Banned: The legislation clearly states that no smoking is allowed in the
specified site.
|
|
Type of Restriction in Employee Area
The level of restriction in the law on smoking in areas reserved for employees,
separate from patrons.
|
| |
|
Type of Restriction in Patron Area
The level of restriction in the law on smoking in areas frequented by patrons.
|
| |
|
Type of Restriction (Summary)
The overall level of restriction in the law on smoking within indoor areas.
|
| |
Type of Tax
Smokeless tobacco tax is levied either in cents per ounce or on one of two
levels: to the manufacturer or to the wholesaler. The manufacturer is the first
owner of the tobacco products; the wholesaler is the first distributor of the
tobacco products. In some cases the language in the law does not specifically
state whether the manufacturer or the wholesaler is responsible for the tax. In
these cases the exact language in the law is (e.g., product value, factory list
price, cost) is provided.
|
| |
|
Use Prohibited
Yes: A provision in the law states that it is illegal for persons who
have not yet reached the legal age of sale to use cigarettes and other tobacco
products.
No: The law contains no language regarding use OR the law states that it
is not illegal for youths (or persons who have not yet reached the legal age of
sale) to use cigarettes and/or other tobacco products in the course of their
employment.
|
| |
Vending Machines — Licensure
Coin or token operated machine that dispenses tobacco products. |
| |
Weight Requirement of Child (#)
The weight requirement of the children that are required to be in the vehicle
for the smoking ban to apply. |
| |
Written Policy Required
Yes: A provision in the legislation clearly requires that the employer
establish and circulate written policies describing the provisions of the
legislation
No: The legislation does not require written policies that outline the
provisions of the legislation.
|
State Tobacco Activities Tracking and Evaluation (STATE)
System Help
