Last updated: November 26, 2019
Duties / Penalties
Post signs
The law requires that managers, owners, and lessees post signs where smoking is prohibited. The sign should read “[a]ny person who fails to comply with this notice shall be prosecuted and may be liable to a fine” and include a no smoking symbol.
The law does not specify that a phone number must be provided to report violations. Any manager, owner or lessee who fails to post such a sign is subject to a fine not exceeding $10,000, a term of imprisonment not exceeding three years, or both. For a second or subsequent offense, the individual is subject to a fine not exceeding $20,000, a term of imprisonment not exceeding four years, or both. Licenses can also be revoked.
The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to the duty on business owners/employers/supervisors to post signs. The law could better align by providing guidance on means to report violations.
Remove ashtrays
The law imposes a duty on the manager, owner or lessee of a public place, or an employer or a person in control at a workplace, to ensure that no ashtrays are placed within any area where smoking is prohibited. However, the law contains no penalties for violations of this duty.
The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines in that it imposes a duty on persons responsible to remove ashtrays. However, to more fully align, the law should impose penalties for violations of this duty.
Steps to require a person to stop smoking (e.g., warn, discontinue service, call authorities)
The law imposes penalties on any managers, owners or lessees who authorize or consent to smoking in enclosed public places, enclosed workplaces, public conveyances or other places where the law does not permit smoking.
Any manager, owner or lessee who authorizes or consents to smoking on the premises is subject to a maximum fine of $3000, a term of imprisonment of no more than 18 months, or both. For a second or subsequent offense, the individual is subject to a maximum fine of $5000, a term of imprisonment of no more than two years, or both. Licenses can also be revoked.
The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines in that it imposes a range of penalties. To more fully align, the law should specify the steps an owner, manager, or person responsible must take to require a person to stop smoking.
Not to smoke where prohibited
The law imposes a duty on smokers not to smoke where prohibited. Violators are subject to a maximum fine of $5000, a term of imprisonment of up to two years, or both. For a second or subsequent offense, an individual is subject to a maximum fine of $10,000, a term of imprisonment of up to three years, or both.
The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines by imposing penalties upon any smoker who smokes in any place where smoking is prohibited.