I smoke, so how does the NCIAA apply to me?

Smokers play an important role in helping to implement the law. First and foremost, it is now illegal for you to smoke indoors in a facility where smoking has been banned. Even if a "No Smoking" sign is not displayed there, you are still required by law to refrain from smoking. You should also not bring any ashtrays or items used as ashtrays into a facility where smoking is now banned. You may still smoke anywhere outside of a facility where smoking is now banned indoors. You may also still smoke indoors at the following types of businesses:

  1. Areas within casinos where loitering by minors is already prohibited by state law;
  2. Stand-alone bars, taverns, and saloons that do not require a permit to serve food;
  3. Strip clubs and brothels;
  4. Retail tobacco stores;
  5. Private residences, including those which may serve as an office workplace, except if used as a childcare, an adult day care, or a health care facility; and
  6. Hotel and motel rooms, but only if allowed by the facility operator, so please ask the operator first before smoking there.

If you are uncertain about being able to smoke indoors, please ask the owner and/or manager of the facility first before smoking there. Your compliance with the new law helps protect non-smokers and children from the dangers of secondhand smoke. Your compliance also helps merchants meet their responsibilities under the new law. If you are asked by a representative of the business to refrain from smoking inside their facility, please do as they ask. It is the business's responsibility to enforce the new law in their establishment; if you are found smoking indoors at a location where smoking is now banned, then the business itself could be cited and required to pay a fine. You, too, could be found guilty of a misdemeanor, which generally carries a fine imposed by a judge. A person who violates this ban is also liable for a civil penalty of $100 for each violation.

Last modified on 01/09/2015