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. |
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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. |
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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. |
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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. |
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Age Requirement of Child (#)
The age requirement of the children that are required to be in the vehicle for the smoking ban to apply. |
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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. |
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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. |
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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. |
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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. |
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Bars
Bars are stand-alone establishments that primarily serve alcohol for consumption on the premises. |
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Bingo Halls
The level of restriction in the law on smoking in bingo halls. Bingo Hall means a facility where the bingo or beano games of chance are conducted. - No Provision: There is no provision in the law that requires any type of restriction on smoking within bingo halls.
- None: The provision in the law clearly states that smoking is permitted within bingo halls.
- Designated Areas: The law clearly requires designated smoking areas within bingo halls. (Designated areas do not have to be separately enclosed).
- Separate Ventilated Areas: The law clearly requires that smoking areas must have separate ventilation to the outside for bingo halls.
- Banned: The law clearly states that smoking is prohibited within bingo halls.
- No Such Gaming: This type of gaming, or gaming facility, is not permitted under state law.
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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. |
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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. |
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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. |
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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. |
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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. |
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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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Casinos
Casinos means inside of a casino or gaming facility where games of chance are conducted against the house. Also known as Class III gaming. Casinos do not include Native American owned casinos, pari-mutuel facilities, and do not include “social gaming” among friends for fun, or at gambling set up at city, county, or state fairs. Stand alone card rooms and slot-only facilities are also not included. - No Provision: There is no provision in the law that requires any type of restriction on smoking on casino gaming floors.
- None: The provision in the law clearly states that smoking is permitted on a casino gaming floor.
- Designated Areas: The law clearly requires designated smoking areas on a casino gaming floor. (Designated areas do not have to be separately enclosed).
- Separate Ventilated Areas: The law clearly requires that smoking areas must have separate ventilation to the outside of a casino gaming floor.
- Banned: The law clearly states that smoking is prohibited on a casino gaming floor.
- No Such Gaming: This type of gaming, or gaming facility, is not permitted under state law.
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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. |
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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 $2.80. |
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Cigars Tax
Yes: A provision in the law clearly states that an excise tax is levied on cigars.
No: The law does not state that there is an excise tax levied on cigars. |
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Cigars Tax ($ Each)
Tax on tobacco products rolled in tobacco leaf and weighing more than 3 pounds/1000. |
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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. |
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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. |
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Distance From Entrances/Exits (ft)
Entrances/Exits means the minimum distance (in feet) from any entrance/exit (i.e. doors, windows, openings to a building) where smoking is permissible. |
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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. |
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Enclosed Arenas
Enclosed Arenas means venues used for entertainment or sporting events, including concert halls, pavilions, stadiums, and other similar places where the general public assembles to engage in or witness sporting and/or other performing events. - None: Smoking is permissible in enclosed arenas.
- Designated Areas: Smoking is permitted in designated areas.
- Separate Ventilated Areas: Smoking is permitted in an enclosed room with independent ventilation that does not allow smoke to infiltrate other indoor areas.
- Banned: Smoking is not permitted in any area of enclosed arenas.
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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. |
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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. |
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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. |
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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. |
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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.
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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.
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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.
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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. |
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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.
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Government Worksites
Government worksites are work areas that are owned, leased, or operated by the state. |
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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. |
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Grocery Stores
Grocery Stores means retail food production and marketing establishments or outlets or supermarkets where food is sold to the public. - None: Smoking is permissible in grocery stores.
- Designated Areas: Smoking is permitted in designated areas.
- Separate Ventilated Areas: Smoking is permitted in an enclosed room with independent ventilation that does not allow smoke to infiltrate other indoor areas.
- Banned: Smoking is not permitted in any area of grocery stores.
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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. |
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Hospital Campuses
Hospital Campus means the buildings, facilities, and grounds of a hospital. - None: Smoking is permissible on a hospital campus.
- Designated Areas: Smoking is permitted in designated areas (i.e. a specific outdoor area where smoking is permitted).
- Banned: Smoking is not permitted in any area of a hospital's campus.
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Hospitals
Hospitals means the buildings and facilities of an institution licensed or certified as a hospital by the state which provides services including inpatient care and diagnosis and the treatment or habilitation of the disabled or injured. - None: Smoking is permissible in hospitals.
- Designated Areas: Smoking is permitted in designated areas.
- Separate Ventilated Areas: Smoking is permitted in an enclosed room with independent ventilation that does not allow smoke to infiltrate other indoor areas.
- Banned: Smoking is not permitted in any area of hospitals.
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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.
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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. |
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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. |
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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. |
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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.
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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. |
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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. |
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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. |
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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.
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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. |
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Little Cigars Tax
Yes: A provision in the law clearly states that an excise tax is levied on little cigars.
No: The law does not state that there is an excise tax levied on little cigars. |
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Little Cigars Tax ($ per pack of 20)
Tax on tobacco products rolled in tobacco leaf resembling cigarettes and weighing no more than 3 pounds/1000. |
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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. |
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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. |
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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. |
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Malls
Malls means retail or professional establishments connected by public walkways or hall areas where goods and services are sold to the public. - None: Smoking is permissible in malls.
- Designated Areas: Smoking is permitted in designated areas.
- Separate Ventilated Areas: Smoking is permitted in an enclosed room with independent ventilation that does not allow smoke to infiltrate other indoor areas.
- Banned: Smoking is not permitted in any area of malls.
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Manufacturer's Price
A tax equal to a percent of the manufacturer's price on smoked tobacco, other than cigarettes, and smokeless tobacco includes the manufacturer's invoice price, list price, sales price, etc. These are the cost of the tobacco products to the manufacturer. |
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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. |
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Maximum Size Near Churches (sq. ft.)
The maximum size, in square feet, the tobacco billboard can be when located near a church. |
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Maximum Size Near Schools (sq. ft.)
The maximum size, in square feet, of a tobacco billboard when it is located near a school. |
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Mental Health - Outpatient Facilities
Outpatient Mental Health Treatment Facility means a facility that treats patients with mental health illnesses, but who do not stay overnight in the facility. - None: Smoking is permissible in an outpatient mental health treatment facility.
- Designated Areas: Smoking is permitted in designated areas (i.e. a patient's room (with a physician's permission)).
- Separate Ventilated Areas: Smoking is permitted in an enclosed room with independent ventilation that does not allow smoke to infiltrate other indoor areas.
- Banned: Smoking is not permitted in any area of an outpatient mental health treatment facility.
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Mental Health - Residential Facilities
Residential Mental Health Treatment Facility means a facility that treats patients with mental health illnesses and who reside in the facility during treatment - None: Smoking is permissible in a residential mental health treatment facility.
- Designated Areas: Smoking is permitted in designated areas (i.e. a patient's room (with a physician's permission)).
- Separate Ventilated Areas: Smoking is permitted in an enclosed room with independent ventilation that does not allow smoke to infiltrate other indoor areas.
- Banned: Smoking is not permitted in any area of a residential mental health treatment facility.
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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. |
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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. |
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Minimum Distance Away from Churches (ft)
The minimum distance away, in feet that the tobacco billboard must be from a church. |
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Minimum Distance Away from Schools (ft)
How far away from school property must one be to smoke. |
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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. |
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Minimum Number Required
The actual number of employees required for the policy to be in effect. |
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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. |
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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. |
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Minimum Seating Capacity Number
The actual number of seating necessary for the policy to be in effect. |
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New
This column displays legislation that has been enacted but will not be effective until a later date. |
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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. |
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No Provision
No Provision means the law is silent, or does not state that a condition must be met. |
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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. |
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Over-the-Counter
Tobacco products are sold in face-to-face transactions direct to an individual consumer. |
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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. |
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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. |
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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. |
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Penalty to School
Whether or not the law states there is a penalty to the school for violating requirements of the smoking laws. - Yes: Law clearly states there is a penalty for schools who fail to comply with smoking laws.
- No: Law does not state there is a penalty for schools who fail to comply with smoking laws.
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Penalty to School (Type)
The type of penalty stated in the law levied on the school for the first failure to comply with smoking laws. |
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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. |
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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. |
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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). |
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Percent Smokefree Seating
The percentage of seats that must be designated as nonsmoking. |
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Percent Value
Smoked tobacco, other than cigarettes, and smokeless tobacco products tax collected at the manufacturer, wholesale, or retail level as a percentage of the product price. |
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Per Ounce
One ounce of smokeless tobacco is taxed at a set price in cents. |
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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. |
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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. |
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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. |
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Prisons
Prisons means correctional facilities and state institutions used for the confinement of persons convicted, sentenced, or detained by law enforcement and/or judiciary decree. - None: Smoking is permissible in prisons.
- Designated Areas: Smoking is permitted in designated areas.
- Separate Ventilated Areas: Smoking is permitted in an enclosed room with independent ventilation that does not allow smoke to infiltrate other indoor areas.
- Banned: Smoking is not permitted in any area of prisons.
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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.
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Private Worksites
Private worksites are places of work other than a building leased, owned, or operated by the state. |
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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. |
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Public Transportation
Public Transportation means a public conveyance, including aircraft, buses, passenger cars, subways, trains, transit vehicles, any other vessels or vehicles used by the public, or in a station or terminal for transportation passengers that is owned or operated by a transit authority or an entity providing service on behalf of a transit authority that is used for the purpose of providing departures originating in the state and carrying passengers on a regulated schedule. - None: Smoking is permissible in public transportation.
- Designated Areas: Smoking is permitted in designated areas.
- Separate Ventilated Areas: Smoking is permitted in an enclosed room with independent ventilation that does not allow smoke to infiltrate other indoor areas.
- Banned: Smoking is not permitted in any area of public transportation.
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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. |
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Racetrack Casinos
Racetrack casinos means areas inside of a racetrack facility area or off-track areas reserved for Class III gaming. Also known as "Racinos." Pari-mutuel only facilities are not included. - No Provision: There is no provision in the law that requires any type of restriction on smoking on racetrack casino gaming floors.
- None: The provision in the law clearly states that smoking is permitted on racetrack casino gaming floors.
- Designated Areas: The law clearly requires designated smoking areas within racetrack casinos. (Designated areas do not have to be separately enclosed).
- Separate Ventilated Areas: The law clearly requires that smoking areas must have separate ventilation to the outside of racetrack casino gaming floors.
- Banned: The law clearly states that smoking is prohibited on racetrack casino gaming floors.
- No Such Gaming: This type of gaming, or gaming facility, is not permitted under state law.
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Renewal Frequency (years)
A provision in the statute specifies how frequently, in years, the retail license must be renewed or when a license expires. |
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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. |
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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.
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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.
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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.
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Restaurants
Restaurants are establishments that serve food for consumption on the premises. Restaurants include patron areas, bar areas, and employee areas. |
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Restaurant Bar
Bar areas of a restaurant. |
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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. |
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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). |
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Restriction in Effect Indoors
Description of when the law applies for indoor areas. - None: The law does not have a time or place restriction.
- During school hours: The restriction applies only during a specified time frame (i.e. 6 a.m. to 3 p.m.).
- When students are present: The restriction applies only in the presence of school children.
- At all times: The restriction applies at all times.
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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. |
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Restriction in Effect on Bus
Description of when the law applies for school buses. - None: The law does not have a time or place restriction.
- During school hours: The restriction applies only during a specified time frame (i.e. 6 a.m. to 3 p.m.).
- When students are present: The restriction applies only in the presence of school children.
- At all times: The restriction applies at all times.
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Restriction in Effect Outdoors
Description of when the law applies for outdoor areas. - None: The law does not have a time or place restriction.
- During school hours: The restriction applies only during a specified time frame (i.e. 6 a.m. to 3 p.m.).
- When students are present: The restriction applies only in the presence of school children.
- At all times: The restriction applies at all times.
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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. |
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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. |
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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. |
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Retailer's Price
A tax equal to a percent of the retail price on smoked tobacco, other than cigarettes, and smokeless tobacco includes the retail sales price, cost price, product value, purchase price, etc. These are the cost of the tobacco products to the retailer. |
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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. |
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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.
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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.
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Smokefree Campus
Whether or not smoking is banned in all indoor AND outdoor school facilities. - Yes: The law prohibits smoking in all indoor and outdoor school facilities.
- No:There are no provisions in the law that clearly address smoking in/on school property OR smoking is prohibited in either indoor or outdoor locations but is not prohibited in the other.
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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. |
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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. |
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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. |
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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. |
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Substance Abuse - Outpatient Facilities
Outpatient Substance Abuse Treatment Facility means a facility that treats chemically dependent patients, but who do not stay overnight in the facility. - None: Smoking is permissible in an outpatient substance abuse treatment facility.
- Designated Areas: Smoking is permitted in designated areas (i.e. a patient's room (with a physician's permission)).
- Separate Ventilated Areas: Smoking is permitted in an enclosed room with independent ventilation that does not allow smoke to infiltrate other indoor areas.
- Banned: Smoking is not permitted in any area of an outpatient substance abuse treatment facility.
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Substance Abuse - Residential Facilities
Residential Substance Abuse Treatment Facility means a facility that treats chemically dependent patients who reside in the facility during treatment. - None: Smoking is permissible in a residential substance abuse treatment facility.
- Designated Areas: Smoking is permitted in designated areas (i.e. a patient's room (with a physician's permission)).
- Separate Ventilated Areas: Smoking is permitted in an enclosed room with independent ventilation that does not allow smoke to infiltrate other indoor areas.
- Banned: Smoking is not permitted in any area of a residential substance abuse treatment facility.
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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 |
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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. |
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Tobacco Education Required in Curriculum
Whether or not the state law requires schools to provide tobacco education to students. - Yes: The law requires tobacco education to be taught to students.
- No: that the law does not require tobacco education to be taught to students.
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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.
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Type of Restriction Indoors
The type of restriction inside school buildings. - None: Smoking is permissible in schools.
- Designated Areas: Smoking is permitted in designated areas (i.e. a teacher's lounge).
- Separate Ventilated Areas: Smoking is permitted in an enclosed room with independent ventilation that does not allow smoke to infiltrate other indoor areas.
- Banned: Smoking is not permitted in any area of school buildings
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Type of Restriction in Employee Area
The level of restriction in the law on smoking in areas reserved for employees, separate from patrons. |
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Type of Restriction in Patron Area
The level of restriction in the law on smoking in areas frequented by patrons. |
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Type of Restriction Outdoors
The type of restriction outside of school buildings and on school property. - None: Smoking is permissible outside of school buildings/on school property.
- Designated Areas: Smoking is permitted in designated areas (i.e. a specified distance or out of sight from students).
- Banned: Smoking is not permitted in any area outside school buildings and on school property.
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Type of Restriction on Bus
The type of restriction on school buses. - None: Smoking is permissible on school buses.
- Banned: Smoking is not permitted on school buses.
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Type of Restriction (Summary)
The overall level of restriction in the law on smoking within indoor areas. |
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Type of Tax
Smoked tobacco, other than cigarettes, and smokeless tobacco tax is levied in cents per ounce or on one of three levels: to the manufacturer, to the wholesaler, or to the retailer. The manufacturer is the first owner of the tobacco products; the wholesaler is the first distributor of the tobacco products; the retailer is the first seller of the tobacco products (to the public). In some cases the language in the law does not specifically state whether the manufacturer, the wholesaler, or the retailer is responsible for the tax. In these cases the exact language in the law is provided (e.g., product value, factory list price, cost). |
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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. |
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Vending Machines — Licensure
Coin or token operated machine that dispenses tobacco products. |
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Weight Requirement of Child (#)
The weight requirement of the children that are required to be in the vehicle for the smoking ban to apply. |
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Wholesaler's Price
A tax equal to a percent of the wholesale price on smoked tobacco, other than cigarettes, and smokeless tobacco includes the wholesale cost, cost price, purchase price, sales price, etc. These are the cost of the tobacco products to the wholesaler. |
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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. |