1.In order to protect the public health and welfare and to recognize the need for
individuals to breathe smoke-free air, smoking is prohibited in all enclosed areas of:
2.Smoking is prohibited within twenty feet [6.10 meters] of entrances, exits, operable
windows, air intakes, and ventilation systems of enclosed areas in which smoking is
prohibited. Owners, operators, managers, employers, or other persons who own or
control a public place or place of employment may seek to rebut the presumption that
twenty feet [6.10 meters] is a reasonable minimum distance by making application to
the director of the local health department or district in which the public place or place
of employment is located. The presumption will be rebutted if the appli
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1. In order to protect the public health and welfare and to recognize the need for
individuals to breathe smoke-free air, smoking is prohibited in all enclosed areas of:
a. Public places; and
b. Places of employment.
2. Smoking is prohibited within twenty feet [6.10 meters] of entrances, exits, operable
windows, air intakes, and ventilation systems of enclosed areas in which smoking is
prohibited. Owners, operators, managers, employers, or other persons who own or
control a public place or place of employment may seek to rebut the presumption that
twenty feet [6.10 meters] is a reasonable minimum distance by making application to
the director of the local health department or district in which the public place or place
of employment is located. The presumption will be rebutted if the applicant can show
by clear and convincing evidence that, given the unique circumstances presented by
the location of entrances, exits, windows that open, ventilation intakes, or other
factors, smoke will not infiltrate or reach the entrances, exits, open windows, or
ventilation intakes or enter into such public place or place of employment and,
therefore, the public health and safety will be adequately protected by a lesser
distance.
3. The following areas are exempt from subsections 1 and 2:
a. Private residences, except those residences used as a child care, adult day care,
or health care facility subject to licensure by the department of health and human
services.
b. Outdoor areas of places of employment, except those listed in subsection 2.
c. Any area that is not commonly accessible to the public and which is part of an
owner-operated business having no employee other than the owner-operator.
d. A cigar lounge that permits the smoking of cigars and pipe tobacco purchased on
the premises, but may not permit the smoking of any other product on the
premises.
(1) An applicant for a certificate to operate a cigar lounge shall report to the
tax commissioner, on a form prescribed by the commissioner, that the
premises in which the cigar lounge will be operated has a humidor; is
enclosed by solid walls or windows, a ceiling, and a solid door; and is
equipped with a ventilation system by which exhausted air is not recirculated
to nonsmoking areas and smoke is not backstreamed into nonsmoking
areas. The commissioner may not require an applicant to report information
regarding income from the sale of cigars and pipe tobacco in an initial
application. Upon receipt of a report asserting compliance with this
paragraph, the commissioner shall issue the applicant a certificate to
operate a cigar lounge.
(2) A cigar lounge asserting the lounge meets the requirements of paragraph 1
shall report to the tax commissioner before February first of each year
following a full calendar year of operation, on a form prescribed by the
commissioner, the revenue from the previous calendar year generated from
the sale of cigars and pipe tobacco as a percentage of annual gross income
from receipts or sales. Upon receipt of a report asserting the cigar lounge
generates fifteen percent or more of the business's annual gross income
from receipts or sales from the sale of cigars and pipe tobacco, the
commissioner shall renew the annual certificate. The commissioner is not
required to confirm the accuracy of information reported but may not renew
a certificate absent supporting documentation from the lounge.
(3) Information reported to the commissioner under this subdivision is subject to
the confidentiality provisions of section 57-39.2-23.
(4) For purposes of this subdivision:
(a) "Cigar" means an individual roll of tobacco which has a wrapper or
cover of whole leaf tobacco; does not contain filler other than tobacco
filler; does not contain binder other than tobacco binder; does not
contain additives other than water; does not contain a filter, tip, or
nontobacco mouthpiece; weighs at least six pounds per thousand
count; and is made by hand, except to allow for the use of a manually
operated machine to assist in bunching, rolling, and binding.
(b) "Cigar lounge" means a business dedicated, in whole or in part, to the
smoking of cigars and pipe tobacco, which has a valid certificate
issued by the tax commissioner.
(c) "Pipe tobacco" has the meaning provided in section 57-36-01.
4. Smoking as part of a traditional American Indian spiritual or cultural ceremony is not
prohibited.
5. No person or employer shall discharge, refuse to hire, or in any manner retaliate
against an employee, applicant for employment, or other person because that person
asserts or exercises any rights afforded by this section or reports or attempts to
prosecute a violation of this section. An employee who works in a setting where an
employer allows smoking does not waive or surrender any legal rights the employee
may have against the employer or any other party. Violations of this subsection shall
be a class B misdemeanor.
6. This section may not be interpreted or construed to permit smoking where it is
otherwise restricted by other applicable laws.
7. Notwithstanding any other provision of this chapter, an owner, operator, manager or
other person in control of an establishment, facility, or outdoor area may declare that
entire establishment, facility, or outdoor area as a nonsmoking place.