sentence offenders to at least one hour of cleaning up     provisions. Reference Dates 1941 and 1957. UTAH
litter. Signs must be posted by the Department of     CODE ANN. Sections 41-6-114(e), 41-6-l 14.1 6 41-6-
Transportation notifying the public of the statutory      114.2(1981).

Vermont

Limitations on Smoking In Public Places

o Smoking is prohibited in mills, factories, barns, stables,
or other outbuildings belonging to another person and in
public buildings in which the person in control has posted
no-smoking signs. One who violates this section is sub-
ject to a fine up to $5. Reference Date 1892. VT. STAT.
ANN. Title 20, Section 2752 (1968).

o Each employer shall establish a smoking policy in places
of employment. Reference Date 1971. VT. STAT. ANN.
Title 18, Chapter 28 subch. 2 (Supp. 1987).

Regulation of Sale to and Use of Tobacco Products by
Minors

o Furnishing cigars, snuff, or tobacco in any form to one
under 17 years of age is prohibited without the written
consent of the minor's parent or guardian. Maximum fine
is $20. The person who controls a place where tobacco
is sold is required to post a copy of Section 1308 provided
by the Secretary of State. Failure to post the copy is
punishable b a fine up to $5. Reference Dates 1888 and
1900. VT. S f AT. ANN. Tile 13, Sections 1308 8 1309
(1974).

Schools and School Health Education

o A minimum courseof study includes instruction about the
health and societal effects of tobacco and is required to

be taught in public and approved private schools, as well
as in home study programs. Reference Date 1969. VT.
STAT. ANN. Title 16, Section 906 (Supp. 1984).

Commerce

Minors under 16 years of age are not to be employed in
a tobacco manufacturing plant, except that minors over
14 years enrolled in vocational studies may be so
employed provided the Commissioner of Labor and In-
dustry has inspected and approved the safety of the
workplace. Reference Date 1910. VT. STAT. ANN. Title
21, Sections 437 & 438 (1978).

Each wholesale dealer and distributor of tobacco
products must obtain a license from the Vermont Com-
missioner of Taxes. Reference Date 1959. VT. STAT.
ANN. Tile 32, Section 7731 (1981).

Taxatlon

Virginia

Regulations of Sale to and Use of Tobacco Products by
Minors

. The sale of tobacco products to minors under 16 years of
age is prohibited. This provision does not apply to cigaret-
tes sold in vending machines where a notice is posted.
  Reference Date 1986. VA. CODE Section 18.2-371.2
  (Supp. 1987).

Cornmew

Taxation

o The tax rate per pack is 2.5$ and was last changed in
  1966. The Tobacco Institute, The Tax Burden on Tobac-
  co: Historical Compilation, 1986, vol. 27, p. 9.

The tax rate per pack is 17~ and was last changed in
1983. The Tobacco Institute, The Tax Burden on Tobac-
co: Historical Compilation, 1986, vol. 21, p. 9.

The exemption for cigarettes from the sales and use tax
is repealed, making sales of cigarettes subject to that tax.
Reference Date 1969. VT. STAT. ANN. Title 32, Sections
5965,5967,5968,5970,9741 & 9744 (Sups. 1986).

Any person who transports or distributes cigarettes within
the State of Virginia must obtain a permit from the Depart-
ment of Taxation. Reference Date 1950. VA. CODE
Section 58.1-l 014 (1984).

o The Cigarette Sales Below Wholesale Cost Act is
repealed. This bill amended VA. CODE Sections 59.1-
285 to 59.1-293 which was later repealed by Act 1986 Ch.
474.

Health and Safety Regulations

o Smoking is prohibited in food-producing workrooms.
Violation by a person, business, or corporation is punish-

113


able by a fine of between $25 and $300. Reference Date       .
1950. VA. CODE Sections 3.1-379 8 3.1381 (1983).

o Discarding lighted smoking material from a vehicle in or
near forest land, brushland, or fields is prohibited. Viola-
tion of this section is punishable by a fine between $10
and $100 or imprisonment for up to 30 days for each
separate offense or both. Violation leading to causing a
fire can also create liability for costs of fighting the fire.
Reference Dates 1919 and 1954. VA. CODE Sections
10-64.1 &lo-67(1978).

When it is determined that a fire hazard exists, smoking
is prohibited within 300 feet of forest lands, brushlands,
or fields. This section is punishable by afine between $10
and $500, imprisonment for up to 30 days, or both for
each separate offense. Reference Date 1954. VA. CODE
Sections 27-54.1 & 27-54.4 (1965).

o Smoking is prohibited L. __.. - . . . . . .__ _--. _._ - -
             wound mines near flammable or
combustible materials. Smoking or carrying smokers'
articles is prohibited in or near oil houses, explosive
magazines and other hazardous mine areas. Reference
Date 1950. VA. CODE Sections 45.1-39(c), 45.1-44(j) &
45.1-98(a) (1980).

Washington

Llmltatlons on Smoklng In Public Places

o Smoking is prohibited in public places, except in desig-
nated smoking areas. Public place means that portion of
any building or vehicle used by and open to the public,
regardless of whether the building or vehicle is owned in
whole or in part by private entities, the State of
Washington or other public entity. Public places include,
but are not limited to, elevators, public conveyances or
transportation facilities, museums, concert halls,
theaters, exhibition halls, indoor sports arenas, hospitals,
nursing homes, health care facilities or clinics, enclosed
shopping centers, retail stores, retail service estab-
lishments,financial institutions, educational facilities, tick-
et areas, public hearing facilities, state legislative cham-
bers and immediately adjacent hallways, public
restrooms, libraries, restaurants, waiting areas, lobbies,
reception areas, and office workplaces. Intentional viola-
tions of Washington's Clean Indoor Air Act are punishable
by fines up to $100. Reference Date 1985. WASH. REV.
CODE ANN. Sections 70.160.010 to 70.160.100 &
70.160.900 (West Supp. 1988).

o Unlawful bus conduct, a misdemeanor, includes smoking
or carrying lighted smoking materials on municipal transit
vehicles if the person knows that such conduct is
prohibited and is likely to cause harm to others. Refer-
ence Date 1984. WASH. REV. CODE ANN. Section
9.91.025 (Supp. 1985).

Regulatlon of Sale to and Use of Tobacco Products by
Mlnors

o Furnishing cigars, cigarettes, cigarette papers, wrappers,
or tobacco in any form to one under 18 years of age
constitutes a gross misdemeanor, and it is no defense
that the person violating this provision believed that the
minor was an agent for another. Reference Date 1971.
WASH. REV. CODE ANN. Section 26.28.080 (Supp.
1985).

Commerce

No person shall engage in the business of a distributor or
subjobber of tobacco products without receiving a certifi-
cate of registration from the state. Reference Date 1961.
WASH. REV. CODE ANN. Section 82.26.050 (1981).

Changes have been made to the regulation of the
cigarette industry to eliminate predatory cigarette pricing.
Reference Date 1957. WASH. REV. CODE ANN. Sec-
tions 19.91.010, 19.91.300, 82.24.500 & 82.24.510 to
82.24.560 (West Supp. 1988).

iaxatlon

The tax rate per pack is 3le and was last changed in
1986. The Tobacco Institute, The Tax Burden on Tobac-
co: Historical Compilation, 1986, vol. 21, p. 9.

The cigarette tax statutes are consolidated into one chap-
ter. In addition, various tax rates and surtax rates on
cigarettes have been consolidated. Reference Date
1961. WASH. REV. CODE ANN. Sections 82.24.020,
82.24.060, 82.24.265 & 82.32.270 (West Supp. 1988).

Cigarette tax enforcement procedures and policies are
provided. Reference Date 1961. WASH. REV. CODE
ANN. Sections 82.24.110, 82.24.130, 82.24.135 &
82.24.145 (West Supp. 1988).

An additional tax of 4 mills per cigarette and an additional
tax of 16 3/4 percent of the wholesale price of tobacco
products have been levied. The moneys collected will go
into the water quality account. Reference Date 1986.
WASH. REV, CODE ANN. Sections 70.146.010 to
70.146.080 & 70.146.900, 82.24.027 and 82.32.390
(West Supp. 1988).

114


Health and Safety Regulations

. During closed season, any person who starts a fire in
forest, brush, range, or grain areas by throwing away
lighted smoking materials and who fails to extinguish the
fire immediately may be fined from $25 to $100 or im-
prisoned for up to two months upon conviction. One who
willfully tampers with posted warning notices may also be
punished in the same manner. Smoking in forest or brush
areas during closed season except in areas free of inflam-
mable materials is prohibited. Every conveyance
operated in flammable areas must contain a smoking
materials disposal receptacle and must have a copy of
the no-smoking provision posted. Operators of saw mills

and logging camps must also post notices. Violation of
the no-smoking notice and provisions constitutes a mis-
demeanor. Reference Date 1911. WASH. REV. CODE
ANN. Sections 76.04.210 & 76.04.300 (1962).

o Carrying lighted pipes within five feet of mine explosives
is prohibited unless explosives are in a closed receptacle.
Reference Date 1917. WASH. REV. CODE ANN. Sec-
tions 78.40.473 & 78.40.675 (1962).

o Smokers' articles are prohibited in mines. Reference
Date 1917. WASH. REV. CODE ANN. Section 78.40.699
(1962).

Llmitatlons on Smoklng in Public Places

o Anyone who has lighted smoking materials or who lights
smoking materials after entering a factory, business es-
tablishment, mill, or workshop where no-smoking notices
are posted commits a misdemeanor, punishable by a fine
of $20 to $100 for each violation. Reference Date 1919.
W.VA. CODE Section 21-3-8 (1981).

o All owners or other persons responsible for the operation
of any vehicles operated for the public transportation of
eight or more persons must post no-smoking signs con-
spicuously in the vehicles. Smoking is'prohibited in any
vehicle in which a no-smoking sign is posted. Violation of
this section constitutes a misdemeanor punishable by a
fine of not less than $20 nor more than $100. Reference
Date 1985. W.VA. CODE Section 8-27-l Oa (Supp. 1987).

Regulation of Sale to and Use of Tobacco Products by
Minors

o Selling, giving or furnishing cigars, cigarettes, cigarette
papers, or tobacco in any form to one under 18 years of
age is prohibiied and is punishable by a fine between $10
and $25 for the first violation. and between $25 and $300
for each subsequent violation. Reference Date 1891.
W.VA. CODE Sections 16-9A-1 to 16-9A-5 (Supp. 1987).

o Smoking or possession of cigarettes, cigarette papers or
any other form prepared to be filled with smoking tobacco
for cigarette use by one under 18 years of age is
prohibited, and is punishable by a fine up to $5, provided
that the minor is immune from prosecution if he discloses
the person, firm or corporation who provided the cigaret-
tes. Reference Date 1913. W.VA. CODE Section 16-9-5
(1985).

Schools and School Health Education

o Smoking cigarettes on school grounds or in school build-
ings is prohibited. Violation is punishable by a fine of from

West Virginia

$1 to $5 for each offense. Reference Date 1913. W.VA.
CODE Sections 16-9-7 to 16.9A-4 (Supp. 1987).

Regulation of Advertising Practices

o Any outdoor billboard advertisement for snuff and chew-
ing tobacco products must display one of three health
warnings. Reference Date 1891. W.VA. CODE Section
16-9A-5 (Supp. 1987).

Commerce

o Manufacturing tobacco in one's home is prohibited. The
State Commissioner of Labor is charged with enforce-
ment of industrial homework provisions. Violation con-
stitutes a misdemeanor, and permits may be suspended
or revoked. Reference Date 1939. W.VA. CODE Sections
21-7-1 to21-7-11 (1981).

Taxation

o The tax rate per pack is 174: and was last changed in
1978. The Tobacco Institute, The Tax Burden on Tobac-
co: Historical Compilation, 1986, vol. 21, p. 9.

Health and Safety Regulations

o Discarding lighted smoking materials on forest land,
private roads, highways, and railroad right-of-ways is
prohibited. Violation constitutes a misdemeanor. Refer-
ence Date 1929. W.VA. CODE Section 20-3-6 (1981).

o Smoking in and around coal mine surface structures is
restricted to areas where it will not cause a fire or ex-
plosion. Reference Date 1958. W.VA. CODE Section
22-2-53 (1981).

o Smoking and smokers' articles are prohibited in coal
mines. The mine operator must conduct frequent
searches of those entering or already in the mine. Refer-
ence Date 1887. W.VA. CODE Section 22-2-57(b)
(1981).

115


Wisconsin

Limitations on Smoking In Public Places

. Wisconsin's Clean Indoor Air Act prohibits smoking in
public conveyances, educational facilities, inpatient
health care facilities, indoor theatres, offices, public pas-
senger elevators, restaurants, retail stores, public waiting
rooms, and public buildings. Exceptions include smoking
areas designated by posted notices, offices occupied
exclusively by smokers, rooms used for private functions
under the sponsor's control, restaurants where the liquor
sales account for more than 50 percent of the receipts or
where the seating capacity is less than 50 persons,
privately owned offices, prisons, and manufacturing
plants. If the person in control of a building willfully fails
to comply with provisions regulating designating and
posting notices of smoking areas on or after April 1,1985,
a $25 forfeiture may be levied. After July 1, affected
parties or government officials may sue to enjoin
repeated violations. Reference Date 1983. WIS. STAT.
ANN. Section 101.123 (West Supp. 1984).

Schools and School Health Education

o All elementary and secondary schools are required to
provide education regarding tobacco as part of the
Department of Education's critical health care education
program. Reference Date 1977. WIS. STAT. ANN. Sec-
tion 115.35(l) (West Supp. 1984).

Commerce

* lt is unlawful for a person to manufacture cigarettes in
Wisconsin or sell cigarettes in Wisconsin as a distributor,
jobber, vending machine operator, or multiple retailer
without first obtaining the proper permit to perform such
operations from the Department of Justice. Reference
Date 1965. WIS. STAT. ANN. Section 139.34 (West
1974).

. The retail cigarette license in Milwaukee is good for one
year. Reference Date 1897. WIS. STAT. ANN. Section
134.65 (West Supp. 1987).

Taxatlon

o The tax rate per pack is 3Oe and was last changed in
1987. The Tobacco Institute, "Cigarette Tax Data," 1987.

. Several technica? and minor policy changes in regard to
beverages, fuel, alcohol, and tobacco products taxes
have been made. It is illegal to possess untaxed tobacco
products. Reference Date 1953. WIS. STAT. ANN. Sec-
tions 78.40 to 139.86 (West Supp. 1987).

Health and Safety Regulations

Any person who, by smoking or attempting to light or
smoke tobacco products, negligently sets fire "to any
bedding, furniture, curtains, drapes, house or any
househoM fittings" or any part of the public abode is
subject to a fine between $50 and $250, or imprisonment
between 10 days and six months or both, together with
court costs. Notices to this effect must be posted in each
sleeping room. Reference Date 1947. WIS. STAT. ANN.
Section 50.58 (West Supp. 1984).

Ventilation requirements for public buildings and work
places that establish the mandatory minimum quantities
of outside air to be supplied to indoor areas may not be
waived by the Labor Department unless smoking is
prohibited and the owner demonstrates that the air quality
is equivalent to that provided by outside air. The Depart-
ment is responsible for enforcing compliance. Reference
Date 1980. WIS. STAT. ANN. Section 101.025 (West
Supp. 1984).

* Cigars are not to be manufactured in shops located below
ground floors. Reference Date 1899. WIS. STAT. ANN.
Section 167.22 (West 1974).

Wyoming

Commerce

Health and Safety Regulations

. Every wholesaler who sells or offers to sell cigarettes in
the Stats of Wyoming must have a license to do so.
Reference Date 1951. WYO. STAT. Section 39-6-l 02
(1985).

9 Discarding "a burning substance" from a vehicle is
punishable by imprisonment up to six months or a fine up
to $750 or both. Reference Date 1982. WYO. STAT.
Section 6-3-l 07 (1983).

Taxation

. The tax rate per pack is 8~ and was last changed in 1967.
The Tobacco Institute, The Tax Burden on Tobacco:
Historical Compilation, 7986, vol. 21, p. 9.

116

9 Smoking around mine surface flammables storage areas
is restricted to places where a fire or explosion will not be
caused. Reference Date 1903. WYO. STAT. Section
30-2-602 (1983).


LOCAL ORDINANCES AND REGULATIONS

In addition tothe National focus on smoking and health issues,
State and city legislatures are increasing efforts to implement
theirown regulations. Twenty cities with the highest population
count were examined for local ordinances covering issues on
smoking and health. The cities were (in alphabetical order by
city): Baltimore, Maryland; Boston, Massachusetts; Chicago,
Illinois; Columbus, Ohio; Dallas, Texas; Detroit, Michtgan;
Houston, Texas; Indianapolis, Indiana; Jacksonville, Florida;
Los Angeles, California; Memphis, Tennessee; Milwaukee,
Wisconsin; New York, New York; Philadelphia, Pennsylvania;
Phoenix, Arizona; San Antonio, Texas; San Diego, California;
San Francisco, California; San Jose, California; and
Washington, D.C.

Due to the magnitude and complexity of tracking local crdinan-
ces and regulations, and the mechanisms each municipality
uses to codify legislation, this compilation represents a sam-
pling of local legislative efforts. State laws may existpertaining
to issues on smoking and health; however, this compilation
only reflects local ordinances and regulations on the city
records through January 1988.' The ordinances and regula-
tions have been categorized into the following five topic areas:
Smoking in Public Places; Smoking Regulations in the
Workplace; Public Safety Regulations; Municipal Tobacco
Taxation; and Regulation of Cigarette Sales to Minors.

I. Smoking in Public Places

Baltlmore, Maryland

Smoking on streetcars, trackless trolleys, or buses is a mis-
demeanor punishable by a $10 maximum fine (Baftimore,
MD., Code Article 19, Section 142 (1983). Ord. No. 169
(1945)).

Boston, Massachusetts

Smoking is restricted in public buildings and in public places
(City of Boston Code, Ordinances, Title 2, Section 362 (1980)).
Regulations pertaining to smoking include such places as:
theaters, public halls, special halls, miscellaneous halls,
places of assembly, public buildings, schools, colleges,
universities, factories, workshops, mercantile establishments,
wharves, docks, warehouses, and passenger and freight
elevators (Boston Fire Prevention Code, Ordinances, Chapter
28, Article 30, Sections 30.01 to 30.06 (1979)). Fines for
violation are not less than $10 nor greater than $50.

Chlcago, llllnols

It is a misdemeanor to smoke on any public conveyance
holding more than seven passengers (Chicago, IL., Code
Section 193-7.10 (1955)). It is illegal to smoke on any public
elevator, and in retail stores employing more than 15 persons
(excluding food areas, waiting rooms, restrooms, executive
offices, beauty parlors, and areas where merchandise is not
exposed), (Chicago, IL., Code Section 193-7.9 (1948)). Smok-
ing is prohibited in theaters, churches, and schools (Chicago,
IL., Code Sections 90-91 (a)-(g) (1980)).

Columbus, Ohlo

Smoking is prohibited in retail stores (Columbus, OH., Code
Section 18.1, Ord. No. 237-48) theaters, halls, and
auditoriums (Columbus, OH., Code Section 1016 (1919) Ord.
No. 22240 (1919)).

Dallas, Texas

Smoking is prohibited in transit system vehicles, public
elevators, conference and meeting rooms, city buildings (ex-
cluding Love Field, Convention Center, and Reunion Arena),
hospital rooms, libraries, museums, posted areas, nonsmok-
ing areas of restaurants seating 50 persons or more (excluding
bars), retail stores, theaters, and primary and secondary
schools (Dallas, TX., Ord. No. 18961 (1985)). Fines for
violation range from $25 to $250.

Detroit, Mlchlgan

Smoking is prohibited in elevators (Detroit, MI., Code Section
19-3-96, Ord. No. 314-H (1979)).

Houston, Texas

Smoking is prohibited in public places (Houston, TX., Code
Section 21-237(a)). Public places include, but are not limited
to: vehicles of public transportation (such as trains, buses,
and ferries), elevators, governmental facilities, gymnasiums,
concert halls, auditoriums, health care facilities (including
hospitals, nursing homes, doctors' offices, dentists' offices,
and laboratories), libraries, museums, art galleries, theaters,
meeting rooms, convention centers, hotels, motels,

' An ordinance adopted by the Chicago City Council on May 25,1988 falls outside this survey period. This ordinance bans or restricts smoking
in a variety of public places and limits smoking in the workplace.

117


restaurants with a seating capacity of more than 50 persons,
commercial establishments (excluding bars), restrooms, retail
establishments (excluding tobacco retail shops), educational
facilities from day care through college, and public areas of
airports (Houston, TX., Code Section 21-236, Ord. No.
86.1311 (1986)).

indianapolls, Indiana

Smoking is prohibited in streetcars, buses, elevators, public
conveyances, hospital beds, hotel beds, retail selling estab-
lishments, and educational occupancies (Indianapolis, IN.,
Code Section 12-126, Ord. No. 120 (1972)). Smoking is
regulated in public service areas of government buildings and
public assembly areas of local government buildings. Penal-
ties for violation include a $25 fine, attending a free no-smok-
ing clinic, or three hours community service in a cancer ward
(Indianapolis, IN., Code Section 20-203 (1987)).

Jacksonviii8, Florida

Smoking is prohibited in public libraries and in the Veterans
Memorial Coliseum except in restrooms and designated
smoking areas. Smoking is allowed by performers as part of
a theatrical production or during private gatherings or affairs
not open to the general public. Violation is punishable by a fine
not more than $25, imprisonment for up to 10 days, or both.
(Jacksonville, FL., Code Section 614.125, Supp. 4 (1983)). In
places of assembly where the Fire Marshall deems it a public
hazard, smoking is also prohibited. in such cases, regulation
signs must be posted marking the area nonsmoking (Jackson-
ville, FL., Code Section 447.202 (1983)).

Los AngSi8S, California

Smoking is prohibited in health care facilities, public meeting
and assembly rooms, and retail food marketing estab-
lishments (Los Angeles, CA., Code Section 41.50, Ord. No.
159498 (1984)). Additional smoking prohibitions are provided
in arenas, gymnasiums, libraries, restaurants having aseating
capacity of over 50 persons, areas of primary and secondary
schools normally occupied by children, theaters, polling
places, airport, train, or bus depot waiting areas or ticket lines,
and day care facilities (Ord. No. 162989 (1987)).

M8mphiS, TSnn8SS88

Smoking is prohibited in many public areas including: Mem-
phis Area Transit Authority buses, elevators, Mid South
Coliseum, Auditorium South Hall, Dixon Meyers Hall, hospital
lobbies, hospital waiting rooms, hotels, Cook Convention Cen-
ter, public and private restaurants, merchandising stores with
more than five employees, and theaters (Memphis, TN., Code
Section 20-215, Ord. No. 3517 (1986)).

Milwaukee, WiScOnSin

Smoking is prohibited on public buses (Milwaukee, WI.. Code
Section 98-l 5 (1979)) and in theaters (Milwaukee, WI., Code
Section 105-49 (1943)).

New York, New York

Smoking is prohibited in ticketing, boarding, and waiting areas
of public transportation facilities, in buses, subways, vans,
taxicabs, elevators, concert halls, auditoriums, arenas, in
public health care facilities including hospitals, clinics, physi-
cal therapy facilities, convalescent homes, and homes for the
aged, in public areas of hotels and motels with 25 or more
employees, in libraries, museums, galleries, convention halls,
in public meeting places, restaurants with a seating capacity

of 50 or more persons, restrooms, retail stores employing
more than five employees or accommodating more than 150
customers, in pre-primary, primary, and secondary schools, in
colleges, trade schools, theaters, places of religious assemb-
ly, and in banks employing more than 15 employees (New
York, NY., Code Section 17-503 (1988)).

Phiiad8iphia, Pennsyivani8

Smoking is prohibited in any public transportation vehicle, in
any place of public assembly seating more than 100 persons,
and in any retail store designed to accommodate more than
30 persons, or where more than 25 persons are employed
(Philadelphia, PA., Code Section 10-602, enacted in 1943,
1947, and 1948).

Phoenfx, Arizona

Smoking is banned from public places, defined in Section
23-103 to include public transportation vehicles, taxicabs,
elevators, enclosed public buildings, government buildings,
auditoriums, indoor sports facilities, offices of health care
professionals, pharmacies, public areas of hotels and motels,
restaurants, restrooms, retail stores, grocery stores, shopping
malls, public and private schools, theaters, airport service
lines, airport waiting lounges, financial institutions, and child
care centers. Fines for violation range from $25 to $100
(Phoenix, AZ., Code Section 23-l 05 (1986)).

San Antonio, Texas

Smoking is prohibited in bus and train facilities, taxicabs,
elevators, conference rooms, meeting rooms, or any public
service areas of city buildings, concert halls, cultural facilities,
hospital or nursing home corridors, hospital rooms, nonsmok-
ing areas of restaurants, retail stores, service establishments,
department stores, grocery stores, clothing stores, shoe
stores, hardware stores, laundromats, hair salons, barber
shops, public primary and secondary schools, motion picture
theaters, airport facilities, banks, and savings and loan
facilities (San Antonio, TX., Code Ch. 28.5, Section 2, Ord.
No. 62781, passed Par. 24 (1986)).

San Diego, Cailfornla

Smoking is prohibited on public conveyances, elevators,
governmental and educational agencies, pharmacies, health
facilities, hospital rooms, psychiatric facilities, libraries,
museums, galleries, public assembly halls, restaurants with a
seating capacity of more than 20 persons must provide non-
smoking sections, restrooms, retail stores, retail service
establishments, food markets, retail food production estab-
lishments, educational facilities, and theaters. Any person
violating the Act is subject to fines from $10 to $100 (San
Diego, CA., Code Section 45.0103 (1983), Ord. No. 11459
(1974)).

San Francisco, California

Smoking is prohibited in lobbies, waiting areas, restrooms,
and dining areas of restaurants that are specified as nonsmok-
ing areas. Owners are required to allocate adequate amounts
of space as nonsmoking areas and must inform all patrons of
nonsmoking areas (San Fransico, CA., Code Part II, Ch. V.
Article 19A, Ord. No. 298-83 (1983)).

San Jose, California

Smoking is prohibited during public meetings of government
officials, any room, chamber, or place Where entertainment
events, lectures, or athletic events are held, in public areas of

118


health care facilities, including hallways, waiting rooms, and
lobbies, in patient rooms by nonpatients, in nonsmoking areas
of restaurants with a capacity to serve more than 50 persons,
in retail stores, public elevators, and in theaters (San Jose,
CA., Code Section 944.101 to 944-080, Ord. No. 20364
(1980)).

assembly room owned or leased by the District of Columbia,
in hallways, wafting rooms, and lobbiesof heafth carefacilities,
in patient rooms, in educational facilities, libraries, in non-
smoking areas of restaurants with a seating capacity of more
than 50 persons, in retail stores, in nursery, elementary and
secondary schools, day carecenters, and institutions of higher
education (District of Columbia, Cod8 Section 6-912 to Sec-

Washington, D.C.
Smoking is prohibited on public passenger vehicles seating
12 or more passengers, in elevators, in any public hearing or

tion 6-917 (1979) amended January 1988, Section 7-100,
eff e&e March 29, 1988).

II. Smoking Regulations In The Workplace

Boston, Massachusetts

Personnel of the Department of Health and Hospitals, Emer-
gency Medical Services Ambulance Service are forbidden to
smoke while engaged in patient care or while driving (MA.
Gen. Laws, Chapter 111 C, 1st Edition, Rules, Regulations
and Standard Operating Procedures, 1.8.3.6. (1981)).

Dallas, T8X8S

Employers are required to implement a written policy that
protects nOnsmOk8rS from second-hand smoke and to estab-
lish a procedure for addressing employee complaints. The
employer may us8 existing structural barriers and ventilation
systems to create a nonsmoking area, and need not incur
additional expenditures. The employer must provide con-
spicuous signs to mark the nonsmoking area. An employer
may not discharge, discriminate, or retaliate against an
employee who exercises his rights under the Ordinance (Dal-
las, TX., Code Section 41-6 to Section 41-9, Ord. No. 19648
(1987)).

Houston, Texas

Employers are required to implement and maintain a written
smoking policy to accommodate the desires of smokers and
nonsmokers in the workplace (Houston, TX., Code Section
21-239, Ord. No. 86-l 131 Section 2 (1986)).

Los Ang8le8, Cailfornk

Employers are required to adopt, implement, and maintain a
written smoking policy. The policy must provide that
employers will try to accommodate the desires of both
smokers and nonsmokers in the event of a dispute. An
employer need not make additional expenditures to create
structural or physical modifications in the workplace. A mini-
mum of two-thirds of a lounge orcafeteria must be a nonsmok-
ing area; restrooms and employee medical f@ities must be
nonsmoking areas. Employers must inform employees of the
smoking polfcy and post signs in nonsmoking areas, An
employer who makes reasonable efforts to develop and
promulgate a smoking policy shall be deemed in compliance
with the law (Los Angeles, CA., Code Section 41.50, Ord. No.
159, 498 (1994)).

New York, tbw York

Employers with ov8r 15 employees are required to implement
and adopt a written smoking policy that provides for a proce-
dUr8 to resolve a diSpUt8 When an employ88 desires to work
in a smoke-free workplace. The policy must also provide

nonsmoking areas, including 50 percent of all lunchrooms,
employee medical facilities, auditoriums, classrooms, con-
ference rooms, meeting rooms, hallways, elevators, 50 per-
cent of each employee lounge, restrooms, and any employee
work area designated by the employee as a nonsmoking area.
Employers must furnish 8aCh employee with a copy of the
smoking policy, and post signs in no-smoking areas. Private
enclosed offices occupied by smokers are excepted. An
employer is prohibited from dismissing, demoting, suspend-
ing, or taking any disciplinary action against an employ88 who
exercises his or her rights Under the smoking policy (New
York, NY., Code Section 17-504 (1988)).

Phoenix, Arizona

Employers are required to adopt, implement, and maintain a
written smoking policy that makes use of existing ventilation
and partitions to accommodate the preferences of smoking
and nonsmoking employees. Employers are not required to
incur expendftures or make structural changes, but if an
accommodation between smokers and nonsmokers cannot
be reached, the preference of nonsmokers must prevail. One-
haff of all lounges, restrooms, employee medical facilities,
hallways, stairways, elevators, conference rooms, meeting
rooms, auditoriums, and classrooms must be nonsmoking
areas. The employer must announce the smoking policy to
employees, post the smoking policy in a conspicuous area,
and post signs in all nonsmoking areas. An employer is
prohibited from terminating or disciplining an employee when
th8 employee makes a complaint about smoking in the
workplace (Phoenix, AZ., Code Section 23-106, Ord. No. 2865
(1986)).

San Antonio, T8Xa8

An employer must adhere to certain guidelines when desig-
nating all or part of the workplace as a nonsmoking area. An
employer is required to have and implement a written policy
that conforms to Chapter 28.5 of the Houston Code. The
employer must make the written policy available for employee
inspection, and the nonsmoking areas must be marked by
conspicuous "No-Smoking" signs (San Antonio, TX., Cod8
Ch. 28.5 Section 4, Ord. No. 62791 (1986)).

San Dkgo, California

Smoking is prohibited in places of employment except in
designated smoking areas. Employers are required to use
existing physical barriers and partitions to minimize the effects
of cigarette smoke, but need not incur any additional expense

119


for physical or structural changes. An employer who develops
a smoking policy in good faith is deemed in compliance with
the Act. Unless the area is designated as a smoking area, a
worker may not smoke in lounges, conference rooms,
cafeterias, or work areas. Private offices are exempt from the
prohibition, and employers must clearly mark all nonsmoking
areas (San Diego, CA., Code Section 45.0101 to Section
45.0111 (1986)).

San Francisco, California

Employers are required to adopt, maintain, and implement a
written smoking policy in offices. The policy must require
employers to use existing partitions and ventilation to reduce
the effects of second-hand smoke. While employers need not
incur expenditures to accommodate the desires of smokers
and nonsmokers, the preference of nonsmokers must prevail
if a solution is not reached. The employer must announce the
smoking policy, post it in a conspicuous place, and clearly

mark the nonsmoking area with signs. Offices occupied ex-
clusively by smokers are exempt from the Act (San Francisco,
CA., Code Section 1003, Ord. No. 298-83 (1983)).

San Jose, Callfornla

Employers are required to adopt, implement, and maintain a
written smoking policy, and the employer must give preference
to the requests of nonsmokers. Smoking is prohibited in
restrooms, hallways, elevators, conference rooms, meeting
rooms, employee medical facilities, classrooms, auditoriums,
and two-thirds of each employee lounge. Any employee may
designate his or her immediate work area as a nonsmoking
area. All employers are required to communicate the smoking
policy to employees'and to post signs in nonsmoking areas.
An enclosed workplace occupied exclusively by smokers is
exempt (San Jose, CA., Code Section 944.120, Ord.. No.
21830 (1984)).

Baltimore, Maryland

Smoking is prohibited on wharves and piers and in sheds.
Smoking is prohibited on any vessel or near a vessel where
explosives are being unloaded (Baltimore, MD., Code Article
10, Section 45 (1983)). Smoking is prohibited in or on cars
containing explosives, or in the vicinity of explosives, aboard
vessels, cars, or barges (Baltimore, MD., Code Article 10,
Section 82, Ord. No. 336 (1913)).

Boston, Massachusetts

Smoking is prohibited in factories, workshops, mercantile
establishments, or warehouses where the material being
handled in and about the structure may readily be ignited by
smoking materials or where such structures are of a
combustible construction or if they are considered a fire
hazard (Boston Fire Prevention Code, Ordinances, Chapter
28, Article 30, Sections 30.01 to 30.06 (1979)).

Chicago, llllnols

Smoking is prohibited where certain dangerous substances
are kept. Smoking is prohibited in lumberyards (Chicago, IL.,
CodeSection 90-91(g) (1980)), in publicassemblyunitswhere
combustible contents are kept (Chicago, IL., Code Section
90-91 (e) (1980)), in "hazardous use rooms" (Chicago, IL.,
Code Section 90-91 (1980)) and in storage rooms where any
highly flammable materials are kept (Chicago, IL.. Code Sec-
tion 92-56 (1977)).

Columbus, Ohio

Smoking is prohibited in any room used for dry cleaning
(Columbus, OH., Code Section 18.42, Ord. No. 215-42
(1942)).

Dallas, Texas

Smoking is restricted around certain food products. Smoking
is prohibited by workers in food product establishments (Dal-
las, TX., Code Section 17-3.3(b) (1985)) and by workers
engaged in processing milk or milk products (Dallas, TX.,
Code Section 26-7, Item 2Op (1961)).

III. Public Safety Regulations

Detroit, Mlchlgan

Smoking is prohibited where combustible fibers are stored
(Detroit, MI., Code Section 19-347(2) (1979)), and in areas
containing dust producing operations (Detroit, MI., Code Sec-
tion 1 g-3-47(3) (1979)). Using acigarette to set fire to any hotel
furnishings is prohibited (Detroit, MI., Code Section 42-2-9
(1964)).

Houston, Texas

Smoking is prohibited near oil wells or oil tanks (Houston, TX.,
Code Section 31-66) within 50 feet of an automobile accident
(Houston, TX., Code Section 8-l 89) and by drivers of subur-
ban buses (Houston, TX., Code 46-147).

Indlanapolls, lndlana

Smoking is prohibited in the area of explosives (Indianapolis,
IN., Code Section 12-240(b) & Section 12-248 (1972)), in any
room containing a dusty atmosphere (Indianapolis, IN., Code
Section 12-196(3) (1972)) in any room where film is handled
(Indianapolis, IN., Code Section 12-432 (1972)), in any room
where flammable materials are kept (Indianapolis, IN., Code
Section 12-378 (1972)), and in finishing rooms or any area
used for the storage of flammable finishes (Indianapolis, IN.,
Code Section 12-310 (1982)).

Jacksonville, Florida

Smoking is prohibited in the area of explosives and facilities
for mixing blasting agents (Jacksonville, FL., Code Section
431 .106, Section 431 .107, Section 431.109, Section 435.914.
& Section 431 .112 (1983)), in any room containing a dusty
atmosphere, such as lumberyards and woodworking plants
(Jacksonville, FL., Code Section 434.103 & Section 441.103
(1983)) in any room where flammable materials are kept
(Jacksonville, FL., Code Section 435.607 (1963)), in any area
where conditions are such as to make smoking a hazard, i.e.,
any areas of piers, wharves, warehouses, stores, industrial
plants, institutions, buildings under construction, places of
assembly, or places where combustible materials are stored
or handled (Jacksonville, FL., Code Section 447.202 (1983)),

120


and in finishing rooms or any area used for the storage of
flammable finishes (Jacksonville, FL., Code Section 434.103
8 Section 435.607 (1983)). Where smoking is permitted, there
shall be provided suitable, noncombustible ash trays or match
receivers (Jacksonville, FL., Code Section 446.114 (1983)).

Los Angeles, Callfornla

Smoking is prohibited in any public garage or on the premises
of any auto fueling station (Los Angeles, CA., Code Section
57.100.37).

New York, New York

Smoking is prohibited on any vessel storing petroleum oil, in
any warehouse, shed, dock, pier, bulkhead, or wharf (New
York, N.Y., Code Section C19-168 (1976)) or in any room
where food is processed, prepared, or packaged (New York,
N.Y., Code Section 81.27 (1981)). Disposal of any cigarette
within any building, boat, car, or common carrier, except in
ashtrays, is prohibited (New York, NY., Code Section 19-168
(1976)).

San Antonio, Texas

Smoking is restricted around fuel in airports (San Antonio, TX.,
Code Section 3-61 (1984)) or within 50 feet of a plane being
refueled (San Antonio, TX., Code Section 3-113 (1964)). San

Antonio has adopted the Texas Department of Health Rules
on Food Sanitation, which prohibits employees from smoking
while engaged in food preparation, food service, or dishwash-
ing (San Antonio, TX., Ord. No. 59746 (1984)).

San Dlego, Callfornla

Smoking is prohibited near fuel in airports (San Diego, CA.,
Unified Port District Code Section 5.05 (1964)), within 50 feet
of the landing pad of heliport and helistop locations (San
Diego, CA., Code Section 68.0210 (1970)) in garages (San
Diego, CA., Code Section 55.20.4 (1967)) on any municipal
wharf or in any municipal warehouse (San Diego, CA., Code
Section 63.15.37 (1967)) and within buildings underconstruc-
tion (San Diego, CA., Code Section 68.0131 (1969)).

Smoking is prohibited during and up to four hours after apply-
ing flammable finishes to bowling alleys (San Diego, CA.,
Uniform Fire Code Section 55.26.103 (1984)).

San Jose, California

Smoking is prohibited near airplanes or fuel in airports (San
Jose, CA., Code Section 15.04.160 (1950)) and near any
park, trail, bridle path, or in any fire risk area (San Jose, CA.,
Code Section 1344.130 (1977)).

Chlcago, llllnols

A 1 Oe tax is imposed on each pack of 20 cigarettes sold within
the city. Each tobacco wholesaler is required to collect the tax
from retailers and pay the Comptroller. Wholesalers are re-
quired to make invoices for each sale, file quarterly tobacco
tax returns, and must purchase tax stamps from the
Comptroller before delivery to retailers. Retailers are required
to file a sworn inventory on all cigarettes in their control, and
must file a report showing tobacco purchases within the
proceeding three months. The City Comptroller may appoint
someone to affix the stamps; it is forbidden to alter or forge
any tax stamp. The Act provides several remedies if the tax is
not paid including: seizing cigarettes, bringing legal action, or
revoking all tobacco dealer licenses. The Act provides for $50
to $300 fines for the first offense, $50 to $500 fines for the
second offense, and incarceration for not more than three
months for the third offense (Chicago, IL., Code Sections
178.1-l to 178.1-14 (1982)).

Los Angeles, Callfornb

A tax of two mills ($.002) is imposed per cigarette on all
cigarettes sold within the city limits. Each retailer is required
to obtain a Cigarette Tax Registration Certificate and to
register with the City Comptroller who is responsible for col-
lecting the tax from the retailer and for paying the collected tax
to the city. Retailers are required to keep all necessary records
for four years as proof. All delinquent tax payments are subject
to interest and penalties, and the city may bring legal action
to recover unpaid taxes from retailers or users. The Act
provides a taxpayer with a means of obtaining a tax refund if
the tax was overpaid, wrongly collected, or paid more than

IV. Municipal Tobacco Taxation

once (Los Angeles, CA., Code Section 21.8.1 to 21.8.11, Ord.
No. 127,689 (1964)).

Memphis, Tennessee

A cigarette tax of 1 e is imposed on each pack of 20 cigarettes
sold within the city (Memphis, TN., Code Section 36-41 to
Section 36-52 (1967)). Each wholesaler must add the
cigarette tax to each pack of cigarettes sold to retailers within
the city. The retailer in turn should charge the purchaser. The
wholesaler must affix stamps to cigarettes showing tax pay-
ment before delivery. City officials have access to all pertinent
wholesaler records for determination and collection of the tax.
The Act provides a refund on all unsalable stamps and
provides an exemption for all cigarettes bought by military
personnel on a military establishment.

San Jose, Callfornla

A tax of $.0015 (1 l/2 mills) is imposed on the sale of each
cigarette within the city limits. All cigarette distributors
(wholesalers) must register with the Director of Finance and
must collect and pay the tax to the city. Wholesalers must keep
comprehensive records of all cigarette distribution and retain
the records for three years. The city is authorized to bring an
action to collect the tax. The Act also authorizes harsh penal-
ties for nonpayment of taxes, which increase in the amount
based upon the length of time the tax is outstanding. Criminal
sanctions of a $500 fine or imprisonment for not more than six
months are authorized. The Act provides for a refund, if a tax,
penalty, or interest is overpaid or wrongfully collected (San
Jose, CA., Code Section 4.50.010 to Section 4.50.140
(1967)).

121


Washlngton, D.C.

A tax of 85/l OOe is imposed on each cigarette sold within the
city limits. Wholesalers, retailers, and vending machine
operators are required to obtain licenses from the Mayor.
Retailers are required to affix stamps to cigarette packages to
evidence the tax payment. (All persons are prohibited from
altering or counterfeiting stamps.) Further, all wholesalers,
retailers, and vending machine operators must keep, main-
tain, and preserve all relevant records and books. The Mayor
is authorized to seize cigarettes, vending machines, and

forged stamps for nonpayment of taxes. The Act also provides
for penalties and interest for nonpayment. Certain cigarettes
are exempt from the Act including: cigarettes sofd by the
government, cigarettes possessed by licensed wholesalers
for sale outside the District, cigarettes possessed by con-
sumers, and cigarettes being legally transported within the
District. Provision is made for refund of any tax, penalty, or
interest wrongfully collected. Requirements for transporting
cigarettes within the city limits are specified. (Washington,
D.C., Code Section 47-2401 to Section 47-2418 (1982)).

V. Regulation of Cigarette Sales to Minors

Boston, Massachusetts

ft is prohibited for any person, except at full retail price, to
distribute in or upon any part of the streets, parks, public
grounds, public buildings, other public places within the City
of Boston, any product containing tobacco or nontobacco
cigarette products for any commercial purpose. Violation is
punishable by a fine of $200 (City of Boston Code, Ordinan-
ces, Title 14, Section 270A (1984)).

Chlcago, llllnols

ft is prohibited to sell cigarettes to any person under the age
of 18 years and minors under the age of 18 years are
prohibited from purchasing or accepting delivery of cigarettes.
Sellers are required to post a warning to minors and to request
identification from any person who appears to be less than 18
years of age. Minors are prohibited from misrepresenting their
age to obtain cigarettes (Chicago, IL., Code Section 178-l 9.1
to Section 178-19.5 (1982)).

ft is prohibited to sell cigarettes within 100 feet of schools
(Chicago, IL., Code Section 178-18 (1982)). It is also
prohibited to install a vending machine where minors are
employed, unless the machine is under constant adult super-
vision (Chicago, IL., Code Section 178-23 (1982)). Vending
machine owners or operators are required to post a warning
to minors of the illegality of purchasing cigarettes (Chicago,
IL., Code Section 178-l 8 (1982)).

Detrolt, Mlchlgan

ft is prohibited to furnish cigarettes to minors and minors are
prohibited from buying, receiving, possessing, or using
cigarettes. Minors are also prohibited from misrepresenting
their age to obtain cigarettes. It is prohibited to persuade,
counsel, or advise any minor to smoke cigarettes (Detroit, MI.,
Code Section 11-3-l to Section 1 l-3-3 (1964)).

Jacksonville, Florida

ft is prohibited to sell, barter, give, exchange, or otherwise
distribute any cigarette, cigar, pipe, cigarette rolling papers,
tobacco, smoking herb, or any other smoking material, to any
person under the age of 18 years. fgnorance or misrepresen-
tation of the age of a recipient of any of the smoking materials
shall not be a defense to a prosecution. Signs to this effect
shall be prominently posted at all times (Jacksonville, FL.,
Code Section 480.111 (1983)). Violation shall be punishable
by $500 fine, 90 days in jail, or both.

Mlhwaukeo, Wlsconsln

ft is prohibited to sell cigarettes to a minor under the age of 16
years, and illegal for any person to permit a minor to smoke
on premises occupied by the person (Milwaukee, WI., Code
Section 106-30 (1956)).

San Dlego, Csllfornla

R is illegal for any person underthe age of 18 years to possess
or use tobacco (San Diego, CA., Code Article 8, Section 58.04
(1900)). Further, it is unlawful for any person to sell tobacco
to a minor (San Diego, CA., Ord. No. 58 (1890)).

San Jose,, $Zallfornla

R is prohrbtted to maintain or operate a cigarette vending
machine within 100 feet of a public playground or school (San
Jose, CA., Code Section 6.70.110 (1960)). In places having
vending machines, a responsible employee must supervise
the use of the machine and ensure that it is not operated by
minors (San Jose, CA., Code Section 6.70.120 (1960)).

Weshlngton, D.C.
lt is prohibited to sell cigarettes to any minor under the age of
16 years (Washington, D.C., Code Section 22-1120 (1891)).

122


Public Places

1 Buses, Streetcars. Trollevs

2 Cabs
3 Elevators
4 Government Burldrngs
5 GvmnasrumslArenas

6 Health Care Facrlrtres
7 Rotels

8 Librarres
9 Museums
t0 Meetinas-Convention Halls

II Posted Areas
12 Publrc Places

13 Restaurants
14 Restrooms

  _ _ _ _ _
15 Retail/Grocery Stores
16 Schools

17 Theatres
18 Voting Places
19 Admrnistratwe Areas
20 Airports

2 I Churches

22 Banks
23 Child Care Faerlrtres

24 Warehouses & Factortes

123


Smoking in the Workplace   5

,9 Emnlovee Smoklna Area

30
31
32

I~      _ _- - _ - -
34 Nonsmoking Arec
"r .I-

     _-,-. _ _                   I
  b0 od Faith Exceptron         I
HOI. . _ , _, _ _
   IWOVS Fkwators. Slairways
              
Lounges or Waitir 1g Rooms
33 Non Strrlcture Change Required
           I Required
53 lvotlce to tmplovees Required
36 Restrooms
         `rohlbited
               ds of N/S

37 Retallatlon P
38 Preference for Demon
39 slgl -
40 Ver

%lation Pat-iltion Separation
;

     ,.
41 Wrl
42 Crimlna

1    --e
A5 Medico

A6 Limrted to OffiCeS

124


Drwers
- -.
Dusty Atmospheres
Explosives. Trucks - Vessels
Falmc

A7
48
A9
SO
51
52
53
54
55
56
57
58
59
60
61
62
63
64
65
66
67

Airports and Hongars
Bakeries
Combustible Fibers
Dtsposal of Cigarettes

FirefIghters
Hotels
Milk Products
Near Fuel
nil Tanks
_.- -
Parks
Vehicle Accidents

Vessels

Warehouses. Garages, Shops
Wharves. Sheds. PlerS
Combustibles. generally
Food Productsltstablishment
Butldlngs under Constructlon

Safety Regulations

125


68
69
70
71
72
73
74
75
76
77
78
79
80
81
82
83
84
85

86
87
88

89
90
91
92
93
94
95
94

Tobacco Taxation

Refunds
Reglstratlon and Permits
Stamps Required
lax Imposed
Wholesalers Exempt

Sale and Use by Minors  II

Age Misrepresentation
Identificatcon Required
Persuading, Counseling. Advwng     I

Possession
Premises Owner

126


The following is a detailed explanation of legislation cited in the narrative section with letter and number codes for use with the
charts accompanying that section.

Baltimore, Maryland

Al

A53

A62

A63

A64

MD. Ann. Code Article 19, Section 142 (1963)

Carrying a lighted, smoking instrument on a street car,
trackless trolley, or bus is unlawful; violation is a mis-
demeanor punishable by a $10 maximum fine for each
violation.

MD. Ann. Code Article 10, Section 62, Ord. No. 336
(1913)

Prohibits smoking in or on cars containing explosives
or in the vicinity of explosives, aboard vessels, cars, or
barges.

MD. Ann. Code Article 10, Bectlon 45 (1983)

Prohibits smoking on any vessel or near a vessel
unloading explosives. Violation is punishable by a fine
of $5 to $25.

MD. Ann. Code Article 10, Bectlon 45 (1983)

Prohibits smoking in any warehouse on any wharf or
pier.

MD. Ann. Code Article 10, Section 45 (1983)

Prohibits smoking on any wharf, shed, or pier.

Boston, MaSSaChuS8ttS

83

84

B 10

Bll

MA. Fire Prevention Code, Ordinances, Chapter 28,
Article 30, Section 38.01 to 30.06 (1979)

Smoking is prohibited in passenger and freight
elevators.

MA. Fire Prevention Code, Ordinances, Chapter 28,
Article 30, Section 30.01 to 30.06 (1979)

Smoking is restricted in public buildings and at public
meetings.

MA. Fire Prevention Cod., Ordinances, Chapter 28,
Article 30, Bection 30.01 to 30.06 (1979)

Smoking is prohibited in public halls, special halls,
miscellaneous halls, and places of assembly.

MA. Fire Prevention Code, Ordinances, Chapter 28,
Article 30, Section 30.01 to 30.08 (1979)

Violation is punishable by a fine of not less than $10
nor more than $50.

B 16

816

B 17

819

B 24

B 51

B63

B 64

MA. Fire Prevention Code, Ordinances, Chapter 28,
Article 30, Section 30.01 to 30.06 (1979)

Smoking is prohibited in schools, colleges, and univer-
sities.

MA. City of Boston Code (CBC) Ordinances,
Chapter 16, Title 2, Section 362 (1980)

The Boston School Department shall institute an
educational program in all junior and senior high
schools in the city on the harmful effects of smoking.

MA. Fire Prevention Code, Ordinances, Chapter 28,
Article 30, Section 30.01 to 30.06 (1979)

Smoking is prohibited in theatres.

MA. City of Boston Code, Ordinances, Title 14,
Section 270A (1984)

No person shall distribute except at full retail price, any
product containing tobacco or nontobacco cigarette
products for any commercial purpose in or upon any
part of the streets, parks, or public grounds.

MA. Fire Prevention Code, Ordinances, Chapter 28,
Article 30, Section 30.01 to 30.06 (1979)

Smoking is prohibited in factories, workshops, mercan-
tile establishments, and warehouses.

MA. Ctty of Boston, Department of Heaith and
Hospitals, Emergency Medical Service, Rules,
Regulations, and Standard Operating Procedures
1.8.3.6.

Department personnel are forbidden to smoke while
engaged in patient care or while driving.

MA. Fire Prevention Code, Ordinances, Chapter 28,
Article 30, Section 30.01 to 30.06 (1979)

Smoking is prohibited in factories, workshops, mercan-
tile establishments, and warehouses.

MA. Fire Prevention Code, Ordinances, Chapter 28,
Article 30, Section 30.01 to 30.06 (1979)

Smoking is prohibited in factories, workshops,
wharves, docks, and warehouses.

127


Chicago, Illinois

Cl

IL. Sat. Ch. 193, Section 193-7.10 (enacted 1955)
(amended 1975)

Prohibits smoking or carrying a lighted smoking instru-
ment in any street car, elevated train, subway or any
public conveyance holding more than seven pas-
sengers. Violation is punishable by a fine of $50 to
$300 for each offense.

C3

IL. Stat. Ch. 193, Section 193-7.9 (enacted 1948)
(amended 1975)

Prohibits carrying or smoking a lighted cigarette on
public elevators. Violation is punishable by a fine of
$25 to $250 for each offense.

c4

IL. Stat. Code Section 90-91(b) (1980)

Cl5

Prohibits smoking in every institutional building except
in the administration office on the first floor and in
designated smoking rooms.

IL. Stat. Code Section 193-7.9 (1948)

Cl6

c 17

Prohibits smoking in any retail store in which more than
15 persons are employed. Areas set apart for sewing
food or beverages, waiting rooms, restrooms, execu-
tive offices, beauty parlors, and areas where merchan-
dise is not exposed are excluded. Violation is
punishable by a fine of $25 to $250.

IL Code Sectlon 90-91(d) (1980)

Prohibits smoking in schools.

IL Code Sectlon 9G91 (c) (1980)
Prohibits smoking in theaters except in smoking
rooms.

c 20

c 21

C56

IL. Coda Section 90-91 (d) (1980)

Prohibits smoking in hangars.

IL. Code Section 90-91 (d) (1960)

Prohibits smoking in churches.

IL. Coda Sectlon 9Cl-91 (a) (1960)
Prohibits smoking in any "hazardous room."
IL Coda Sectlon 92-56 prohibits smoking in any
highly flammable material storage room. See also
Section 129.14 and Section 172.19.

C63  IL. Code Sectlon 90-91 (g) (1980)
  Prohibits smoking in any lumberyard or lumber
   storehouse.

C65

C68

c 70

c 71

C 72

c73

C77

C80

IL. Code Section 90-91 (e) (1980)

Prohibits smoking in any public assembly unit where
combustible contents are kept.

IL Code Sectlon 178.1-11(a) (1982)

Provides that if any person fails to pay the tax, cor-
porate counsel may bring an action for payment of the
tax on behalf of the city. The mayor may revoke all city
license of the tax evader (including tobacco dealers
license).

IL. Code SectIon 178.1-7 (1982)

Provides that tobacco wholesalers must make an in-
voice for each sale of cigarettes and provides that
tobacco wholesalers must file a quarterly cigarette tax
return showing all tobacco sales by him within the city
and to persons outside the city.

Section 178.1-2(b) provides that each tobacco
wholesaler must purchase tax stamps from the comp-
troller before delivery to the retailer.

IL. Code Sectlon 178.1-8 (1982)

Prohibits walking, altering, or forging any cigarette tax
stamp with intent to defraud.

IL. Code Section 178.1-l .4 (1982)

Fine for first offense is $50 to $300, for second offense
is $50 to $500 (within a 180 day period); third offense
is a misdemeanor punishable by incarceration for not
more than six months.

IL. Code Sectlon 178.1-5 (1982)

Provides that every retail tobacco dealer must file a
sworn inventory of all cigarettes within his control
within 10 days of the effective date of the ordinance.
The inventory must be filed with the director of revenue
and must be accompanied by a report showing all
cigarette purchases within the preceeding three
months. The retail dealer must then pay taxes on the
unstamped cigarettes.

IL. Code Section 178.1-7 (1982)

Requires wholesale dealers to make a triplicate in-
voice showing date of delivery, number of packages,
and name of the purchase.

IL. Code Sectlon 178.1-4 (1982)

Provides that the city comptroller shall appoint some
person (wholesaler) to affix tax stamps to any
cigarettes under his control.

128


C 81

C65

C 87

c 91

c 93

c 94

c95

C96

IL. Code Section 178.1-2 (1982)

Imposes a 1Oe tax on each 20 cigarettes. The
wholesaler shall pay the comptroller, the retailer shall
pay the wholesaler, and the purchaser shall pay the
retailer.

IL. Code Sectlon 178.1-l 2 (1982)

The comptroller may seize any cigarettes and vending
machine when tax on the cigarettes has not been paid,
or stamps affixed.

IL Code Section 176-19.1 (1982)

Requires a seller to request identification from any
person he believes or has reason to believe is under
18 years of age. Repeated or knowing failure to re-
quest identification will result in revocation of tobacco
sales license.

IL. Code Section 178-l 9 (1982)

Prohibits the sale of cigarettes to any minor under 18
years of age.

Section 178:18 prohibits any person from selling
cigarettes within 100 feet of any school.

IL. Code Section 178-l 9.2 (1982)

Requires every seller of tobacco products to post a
warning stating that persons under 18 years of age are
subject to a $500 fine for purchasing cigarettes or for
misrepresenting their age.

IL Code Section 178-23 (1982)

Provides that no cigarette vending machine shall be
installed where minors under 18 years of age are
employed unlessthe machine is under constant super-
vision by a responsible adult. Further provides that
each vending machine must exhibit a sign stating that
it is unlawful to sell cigarettes to anyone under 18 years
of age.

IL Code Sectlon 178-19 (1982)

Prohibits minors under 18 years of age from purchas-
ing or accepting delivery of cigarettes. Violation is
punishable by a fine of $50 to $500.

IL Code Sectbn 178-19.3 (1982)

Prohibits minors from misrepresenting their age, or
from using another's identification card, for the pur-
pose of obtaining cigarettes.

Columbus, Ohio

D15

OH. Code Section 81, Ord. No. 23748 (1919)

Prohibits smoking in retail stores employing 25 or more
persons or designed to accommodate 200 or more
persons. Restrooms are excluded.

D 17

OH. Code Section 1016 (Code of 1919)

Prohibits smoking in theaters, halls, auditoriums, and
public buildings. Violation is punishable by a fine of $5
to $500.

D65

Columbus, Ohio, City Bulletin (July 26,198O) Prohibits
smoking in public theaters and auditoriums.

OH. Code Section 18.42, Ord. No. 215-42 (1942)

Prohibits smoking in any rooms used for dry cleaning.

Dallas, Texas

El

E2

E3

E4

E6

E8

TX. Code Sectlon 41-2(a)(6) (1985)

Prohibits smoking in any transit system vehicle. Viola-
tion is punishable by a fine of $25 to $200.

TX. Code Sectlon 41-2(a)(6) (1985)

Prohibits smoking in any transit system vehicle. Viola-
tion is punishable by a fine of $25 to $200.

TX. Code Sectlon 41-2(a)(l) (1985)

Prohibits smoking in any public elevator. Violation is
punishable by a fine of $25 to $200.

TX. Code Sectlon 41-2(a)(3) (1985)

Prohibits smoking in any conference room, meeting
room, or public service facility owned, operated, or
managed by the city. Love Field, Dallas Convention
Center, Reunion Arena, concert halls, cultural
facilities, and common areas of city-owned theaters
are excluded.

TX. Code Section 4%2(c)(l 812) (1985)

Gives hospital patients the right to choose whether to
be in a no smoking room. Requires employees or
visitors to obtain express approval from a patient
before smoking in the patient's room.

TX. Code Section 41-2(a)(b) (1985)

Prohibits smoking in libraries.

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El1

El2

El3

El5

El6

El7

E 27

E 33

TX. Code Sectlon 41-2(a)(6) (1985)

Prohibits smoking in museums.

TX. Code Sectlon 41-2(a)(3) (1985)

Prohibits smoking in conference rooms and meeting
rooms.

TX. Code Sectlon 41-2(a)(5) (1985)

Prohibits smoking in any area posted by the owner of
a hospital, nursing home, retail establishment, or ser-
vice establishment.

TX. Code Section 41-2 (1985)

Specifies the areas where publicsmoking is prohibited
in Dallas.

TX. Code Sectlon 41-4 (1985)

Food product establishments must have separate
smoking and nonsmoking areas. The areas must be
separated by four feet of space. The areas must be
adequately ventilated. All non-dining areas of res-
taurants must be designated as nonsmoking areas.
Establishments seating less than 50 persons; estab-
lishments with gross sales of alcohol of greater than
70 percent; and a separated bar area of a food
products establishment are excepted. Violation is
punishable by fines of $25 to $250.

TX. Code Section 41-2(a)(4) (1985)

Prohibits smoking in retail or service establishments
serving the general public including grocery stores,
department stores, and drug stores. Love Field, Dallas
Convention Center, Reunion Arena, and common
areas of theaters, concert halls, cultural facilites, and
common areas of city-owned theaters are excepted.

TX. Code Sectlon 41-2(a)(6) (1985)

Prohibits smoking in public, primary, or secondary
schools. Violation is punishable by fines of $25 to
$250.

TX. Code Sectlon 41-2(a)(6) (1985)

Prohibits smoking in enclosed theaters. Violation is
punishable by fines of $25 to $250.
TX. Code Section 41-6(1)(D) (1987)

Provides that the employer must establish a procedure
for addressing 8mpby88 CCmphintS.

TX. Code Sectlon 41-6(l)(c) (1987)

Provides that the employer need use only existing
structural barriers and ventilation system.

E34

E 37

E39

E40

E 41

E42

E 57

E66

TX. Code Sectlon 41-6(l)(c) (1987)

Provides that the employer shall designate a non-
smoking area to minimize nonsmokers involuntary ex-
posure to second-hand smoke.

TX. Code Sectlon 41-6(3) (1987)

Prohibits an employer from discharging, retailing, or
discriminating against an employee who: 1) files a
complaint or institutes a proceeding; 2) testifies in an
instituted procedure; or 3) exercises a right given by
this chapter.

TX. Code SectIon 41-6(2) (1987)

Provides that conspicuous signs must be posted in a
nonsmoking area.

TX. Code Sectlon 41-6(l)(c) (1987)
Requires nonsmoking areas to be created using the
existing structural barriers and ventilation.

TX. Code Section 41-6(l) (1987)

Provides that employers implement a written smoking
policy that protects nonsmokers from second-hand
smoke.

TX. Code Sectlon 41 .l (1987)

Violation is punishable by a fine of $50 to $500.

TX. Code Section 26-7 (Item 20~) (1961)

Prohibits the us8 of tobacco by any person engaged
in processing milk or milk products.

TX. Code Se&Ion 17-3.3(b) (1985)

Prohibits persons who work in food product estab-
lishmentsfrom smoking. (While preparing food or while
occupying an area used for food preparation).

Detroit, Michigan

F3  Ml. Code Sect/on 193-96 (1979).
  Prohibits smoking in any elevator within the City of
    D8trOit.

F 49  MI. Code Section 19-3-47(2) (1979)
  Prohibits smoking in any area where combustible
    fibers are stored.

F 52  MI. Code Section 19-3-47(3) (1979)
  Prohibits smoking in areas containing dust producing
  or dust-agitating operations.

130


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F86

F 89

F 91

F 92

F 96

Ml. Code Section 44-2-B (1964)

Prohibits using a cigarette or cigar to set fire to any
furnishings in a hotel.

Ml. Code Section 11-3-l (1964)

Prohibits any person from persuading, counseling, or
advising any minor to smoke cigarettes. First offense
is punishable by a fine not to exceed $25 or imprison-
ment not to exceed 30 days. The second offense is
punishable by a fine not to exceed $100 or imprison-
ment not to exceed 60 days.

Ml. Code Section 11-3-3 (1964)

Makes it unlawful for any minor to buy, receive, or
possess cigarettes.

Ml. Code Section 11-3-l (1964)

Prohibits any person from selling, furnishing, or giving
away cigarettes to minors.

MI. Code Section 11-3-3 (1964)

Prohibits minors from using cigarettes.

MI. Code Section 11-3-2 (1964)

Prohibits any minor from misrepresenting his age to
obtain cigarettes.

Houston, Texas

Gl  TX. Code Sectbn 21-237(a) (1986)

   Prohibits smoking in public places including vehicles
   of public transportation such as trains, buses, or fer-
   ries. (See Section 21-236). Taxicabs and limosines are
   exduded.

G 3  TX. Code Sectbn 21-237(a) (1986)

   Prohibits smoking in public places including elevators.
   (See Section 21-236).

G 4  TX. Code Sectlon 21-237(a) (1986)

   Prohibits smoking in public places including
   governmental facilities. (See Section 21-236).

G 5  TX. Code Section 21-237(a) (1996)

   Prohibits smoking in public places including gym-
   nasiums, Concert halls, and auditoriums. (See Section
   21-236).

G 6  TX. Code Sectbn 21-237(a) (1986)

  Prohibits smoking in public places including health
   care facilities, i.e., hospitals, nursing homes, doctors'
   and dentists offices, and laboratories. (See Section
  21-236). Lobbies and reception areas are excluded.

131

G7

G8

GB

GlO

G12

G13

G 14

G 15

G16

G17

G 20

TX. Code Section 21-237(a) (1986)

Prohibits smoking in public places including hotels and
motels. (See Section 21-236). Hotel and motel sleep-
ing rooms rented to guests are excluded.

TX. Code Sectlon 21-237(a) (1966)

Prohibits smoking in public places including libraries.
(Se8 Section 21-236).

TX. Code Se&on 21-237(a) (1966)

Prohibits smoking in public places including museums
and art galleries. (See Section 21-236).

TX. Code Sectlon 21-237(a) (1986)

Prohibits smoking in public places including meeting
rooms and convention centers. (See Section 21-236).
The Convention center exhibition area is excluded.

TX. Code Section 21-237(a) (1986)

Institutes a general prohibition on smoking in public
places. (Se8 other Summaries for details).

TX. Code Sectlon 21-237(a) (1986)

Prohibits smoking in public places including res-
taurants (prohibition applies to all commercial estab-
lishments). (See Section 21-236). Lounge bar,
restaurant bar, and restaurants with a seating capacity
of less than 50 persons are excepted.

TX. Code Section 21-237(a) (1986)

Prohibits smoking in public places including
restrooms. (See Section 21-236).

TX. Code Sectlon 21-237(a) (1966)

Prohibits smoking in public places including retail
establishments. (Applies to all commercial
establishments). (Se8 Section 21-236). Tobacco
specialty retail shops are excluded.

TX. Code Section 21-237(a) (1986)

Prohibits smoking in public places induding education-
al facilities. (See Section 21-236). (Applies to day car8
through colleges).

TX. Code Se&on 21-237(a) (1966)

Prohibits smoking in public pIaCes including theaters.
(See Section 21-236). Lobbies are eXCepted.

TX. Code Sectlon 21-237(a) (1986)

Prohibits smoking in public places including airports.
(See Section 21-236).


G 41  TX. Code Sectbn 21-239, Ord. No. 86-1311, Sectbn
   2 (1986)

Requires 8mpby8fS to implement and maintain a writ-
ten smoking policy to accommodate the desires of
Smokers and nonsmokers.

G 51  TX. Code Sectlon 46-147

   Prohibits drivers of suburban buses from smoking.

G 59  TX. Code Section 3166

   Provides for no-smoking signs to be placed on each
   oil well, storage tank, or batt8ry of tanks within the city
    limits.

G 61  TX. Code S&Ion 8-l 89

   Prohibits any person from igniting a match, lighter, or
   flammable object within 50 feet of a Vehicle accident.

Indianapolis, Indiana

Hl

H3

H4

H6

H7

HlO

H12

IN. Code Sectlon 12-l 26(c) (1972)

Prohibits smoking in any streetcar, bus, elevator, or
public conveyance; taxicabs are excepted.

IN. Code Section 12-l 26(c) (1972)

Prohibits smoking in elevators.

IN. Code Sectbn 20-203 (1987)

Prohibits smoking in any local government building in
all public service areas (any room, corridor, orconfined
area where the public is required to direct or transact
business with local government officials).

IN. Code Section 12-l 26(d)(2) (1972)

Prohibits smoking in bed in a hospital.

IN. Code Sectbn 12-l 26(d)(2) (1972)

Prohibits smoking in bed in a hotel.

IN. Code Sectbn 20-204 (1987)

Prohibits smoking in any public assembly area of any
local government building, except in designated smok-
ing areas (any room regularly used for public meetings
conducted by officials of Indianapolis).

IN. Code S&Ion 20-201 (1987)

Generally restricts smoking in certain public buildings.
(sp8Cifb restrictions on Other summaries.)

H15

H16

H 51

H 52

H 53

H54

H 58

H 65

IN. Code Sectlon 12-l 26(b)(l) (1972)

Prohibits smoking in retail selling establishments.

IN. Code Sectlon 12-l 26(b)(3) (1972)

Prohibits smoking in all `Educational Occupancies" (no
definition provided for th8Se terms in the ordinance).

IN. Code Section 12-246(b) (1972)

Prohibits smoking by any person in Charge of aVehbl8
containing explosives.

IN. Code Section 12-l 96(3) (1972)

Prohibits smoking in rooms containing a dusty atmos-
phere.

IN. Code Se&on 12-240(a) (1972)

Prohibits any person in charge of a vehicle containing
explosives from smoking. Section 12-246 prohibits
smoking while handling 8XpbSiVeS.

IN. Code Sectbn 12-432 (1972)

Prohibits smoking in rooms where film is stored or
handled.

IN. Code Section 12-378 (1972)

Prohibitssmoking in roomswhereflammable materials
are kept.

IN. Code Sectlon 12-310 (1982)

Prohibits smoking in any area used for the storage of
flammable finishes or in any finishing room. Section
12-378 prohibits smoking in all buildings that contain
flammable liquids.

Jackonsville, Florida

15

18

I 11

Jacksonville, FL., Code Sectlon 614.125, Supp. 4
(1 QW

Smoking is prohibited in the Veterans Memorial
Coliseum except in restrooms and designated smok-
ing areas,

Jacksonville, FL., Code Sectlon 614.125, Supp. 4
(1983)

Smoking is prohibited in public libraries.

Jacksonville, FL, Code Section 447.202 (1983)

Smoking is prohibited in places of assembly where the
Fir8 Marshall d88mS it a public hazard, smoking is alsO
prohibited. In such cases, regulation signs must be
posted marking the ar8a nonsmoking.

132


I 17

Jacksonvlll8, FL., Code Section 614.125, Supp. 4
(1983)

Smoking is allowed by performers as part of a theatri-
cal production or during private gatherings or affairs
not open to the general public. Violation is punishable
by a fin8 not more than $25, imprisonment for up to 10
days, or both.

I 24

Jacksonville, FL, Code Sectlon 447.202 (1983)

Smoking is prohibited in any area where conditions are
such as to make smoking a hazard such as any areas
of warehouses, stores, industrial plants, institutions, or
places where combustible materials are stored or
handled.

I 50

Jacksonville, FL, Code Sectlon 446.114 (1983)

Where smoking is permitted, there shall be provided
suitable, noncombustible ash trays or match receivers.

I 51

Jacksonville, FL., Code Section 431.107 (h) (1983)

No person shall smoke, carry matches, or any Other
flame producing device while in or near a vehicle
transporting explosives.

I 52

Jacksonville, FL., Code Section 434.103 & Section
441.103 (1983)

Smoking is prohibited in any room containing a dusty
atmosphere, such as lumberyards and woodworking
plants.

153  Jacksonville, FL., Code Sectlon 431.106, S&Ion
I56  431 .107, Sectlon 431.109, Sectlon 435.914, &
159  Section 431 .112 (1983)

Smoking is prohibited in the area of explosives and
facilities for mixing blasting agents, and in or near a
vehicle transporting explosives.

I 63

Jacksonville, FL, Code Sectlon 447.202 (1983)

Smoking is prohibited in any area where conditions are
such as to make smoking a hazard such as any areas
of war8hous8s, stores, industrial plants, institutions, or
places where combustible materials are stored or
handled.

I64

Jacksonville, FL, Code Sectlon 447.202 (1983)

Smoking is prohibited in any area where conditions are
such as to make smoking a hazard i.e., any areas of
piers. wharves, sheds, warehouses, stores, industrial
plants, institutions, or places where combustible
materials are Stored or handled.

I 65

Jacksonville, FL., Code S&Ion 434.103 & 435.607
(1983)

Smoking is prohibited in any room where flammable
materials are kept.

Smoking is prohibited in finishing rooms or any area
used for the storage of flammable finishes.

I 67  Jacksonville, FL, Code Section 447.202 (1983)

   Smoking is prohibited in any area where conditions are
   such as to make smoking a hazard such as any areas
   of industrial plants, institutions, and buildings under
    construction.

I 86  Jacksonville, FL, Code Sectlon 486.111 (1983)

   lt is prohibited to sell, barter, give, exchange or other-
   wise distribute any cigarette, cigar, pipe, cigarette roll-
   ing papers, tobacco, smoking herb, or any other
   smoking material, to any person under the age of 18
   years. Ignorance or miSrepr8S8ntatiOn of the age of a
   recipient of any of the smoking materials shall not be
   a defense to a prosecution.

I 90  Jacksonvlile, FL, Code Sectlon 488.111 (1983)
I 91

ft is prohibited to sell, barter, give, exchange, or Other-
wise distribute any cigarette, cigar, pipe, cigarette roll-
ing papers, tobacco, smoking herb, or any other
smoking material, to any person under th8 age of 18
years. lgnOrariC8 or misrepresentation Of th8 age Of a
recipient of any of the smoking materials shall not b8
a defense to a prosecution.

I B3  Jacksonville, FL, Code Section 488.111 (1983)

   Signs reflecting the sale and use of tobacco products
   to minors shall be prominently posted at all times.
   Violation shall be punishable by $500 fine, 90 days in
   jail, or both.

Los Angeles, California

55

J6

J8

J 10

Los Angeles, CA. Ordinance 162989 (approved
1987) (amending Section 41.50 of Los Angeles,
CA., Code)

Prohibits smoking in public arenas, gymnasiums, or
other building designed for observing sports events.
Lobbies are excepted.

Los Angeles, CA. Code Section 41.50 (as amended
by Ord. No. 159498 (1984))

Prohibits smoking in health care facilities open to
visitors. Enclosed awas, set aside and designated as
smoking areas are excepted.

Los Angeles, CA. Code Section 41.50 (as amended
by Ord. 162989 (1987))

Prohibits smoking in indoor areas of public libraries.

Los Angeles, CA. Code Section 41.50 (as amended
by Ord. 159498, (1984))

Prohibits smoking in meeting and assembly places
open to the general public as participants or

133


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J 13

515

J16

J 17

J 18

J 20

J 23

J 25

spectators. A smoking area permitted by the statute is
excepted.

CA. Code Sectlon 41.50 (1984)

Institutes a general prohibition on public smoking in
specified areas. (See other summaries for details).

CA. Code Sectlon 41.50 (as amended by Old.
162989 (1987))

Prohibits smoking in certain areas of restaurants
having a seating capacity of greater than 50 parsons.
Bars and rooms being used for private functions are
excluded.

CA. Code Sectlon 41.50 (as amended by Old.
159498 (1984))

Prohibits smoking in any retail food marketing estab-
lishments including grocery stores and supermarkets.
Areas set aside for serving food and drink, restrooms,
offices, and areas not open to the public are excepted.

CA. Code Sectlon 41.50 (as amended by Ord.
162989 (1987))

Prohibits smoking in areas of private elementary and
private secondary schools normally occupied by
children.

CA. Code Sectlon 41.50 (as amended by Ord.
162989 (1987))

Prohibits smoking in any building open to the public for
the primary purpose of exhibiting any motion picture,
stage production, musical recital, or other event open
to public spectators.

CA. Code Sectlon 41.50 (as amended by Ord.
162989 (1987))

Prohibits smoking in any indoor polling place.

CA. Code Sectlon 41.50 (as amended by Ord.
162989 (1987))

Prohibits smoking in any airport, train, and bus depot,
waiting areas or ticket lines.

CA. Code Sectlon 41.50 (as amended by Ord.
162989 (1987))

Prohibits smoking in any private day care facility or any
private residences licensed as a private day care
facility.

CA. Code Section 41.50 (amended by Ord. No. 159,
498 (1984))

Provides for nonsmoking areas of not less than two-
thirds of the seating capacity or floor space of
cafeterias and lunchroo,ms.

J 27

J 30

J 32

J 33

J 34

J 35

J 36

J 39

J 41

CA. Code Section 41.50 (enacted by Old. 159,498
(19W)

The employer must provide a statement that, in any
dispute arising between smokers and nonsmokers, an
effort will be made to accommodate the desires of both
parties.

CA. Code Sectlon 41 SO (amended by Ord. 159,498
(1 W)

Provides that an employer who makes reasonable
efforts to develop and promulgate a policy regarding
smoking and nonsmoking shall ba deemed in com-
pliance with the act. Designating the entire workplace
as a smoking area is excepted.

CA. Code Sectlon 41 SO (amended by Ord. 159,498
(19W)

Provides that a minimum of two-thirdsof a lounge must
be a nonsmoking area.

CA. Code Sectlon 41.50 (amended by Ord. 159,498
(1 W)

An employer need not incur any expense to make
structural or physical modifications in providing smok-
ing areas.

CA. Code Sectlon 41 SO (amended by Ord. 159,498
(1 WI

Institutes a general requirement that certain areas of
the workplace be designated as nonsmoking areas.

CA. Code Sectlon 41.50 (amended by Ord. 159,498
(1 W)

Requires that the employer communicate the smoking
policy to employees within three weeks after date of
adoption, and to future employees at the time of entry
into employment.

CA. Code Sectlon 41.50 (amended by Ord. 159,498
(1 fw)

Prohibits smoking in restrooms in the workplace.

CA, Code Sectlon 41.50 (amended by Ord. 159,498
(1-w

Requires the employer to post no-smoking signs in
nonsmoking areas.

CA. Code Sectlon 41.50 (amended by Ord. 159,498
(1 gw

Requires employers to adopt, implement, and maintain
a written smoking policy containing minimum require-
ments (listed in other summaries).

134


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J 58

J 68

J 69

J 76

577

J 78

J 79

J 81

CA. Code Section 41.50 (amended by Ord. 159,498
(1964))

An employerwhofailsto adopt asmoking policyorwho
fails to post signs in any area designated under this
Attici as a nonsmoking area shall be in violation of
this Article. Violation is punishable as a misdemeanor.

CA. Code Section 41.50 (amended by Ord. 159,498
(1-w

Prohibits smoking in nurses aid stations or other similar
facilities for treatment of employees.

CA. Code Sectlon 57.100.37

Prohibits smoking in any public garage or on auto
fueling station premises.

CA. Code Sectlon 21.8.11 (1964)

Provides that the city may recover unpaid tax from any
user or retailer of cigarettes who has not complied with
the ordinance.

CA. Code Sectlon 21.8.3 (1964)

Provides that the retailer shall collect the tax from the
purchaser at the time of purchase. The retailer is then
liable to the city for the amount collected.

CA. Code Sectlon 21.8.6 (1964)

Provides that delinquent tax payments are subject to
interest and penalties as provided in Section 21.05 for
delinquency in payment of business tax.

CA. Code Section 21.8.9 (1964)

Provides that every retailer of cigarettes must keep all
records necessary to determine the amount of the tax
for a period of four years. The city clerk has the right
to inspect the records.

CA. Code Sectlon 21.8.10 (1984)

Provides for a tax refund if the tax was overpaid, paid
more than once, or wrongly collected.

CA. Code Sectlon 21.8.5 (1964)

Provides that each retailer must register with the city
clerk and obtain a "Cigarette Tax Registration Certifi-
cate." The certifiiate must state the retailer's name,
address of the retailer's place of business, and the date
the certificate was issued. The certificate must be
posted in a conspicuous place.

CA. Code Section 21.8.2 (1964)

Provides that a tax is imposed on cigarettes in the city
of Los Angeles in the amount of two mills per cigarette
($.002) from September 30, 1967.

Memphis, Tennessee

Kl

K3

K5

K6

K7

KIO

Kll

K12

K13

K15

K16

K70

TN. Code Sectlon 20-25 (1986)

Prohibits smoking on all Memphis Area Transit
Authority buses. Violation is punishable by a fine of up
to $50.

TN. Code Sectlon 20-25 (1966)

Prohibits smoking on all public elevators. Violation is
punishable by a fine of up to $50.

TN. Code Section 20-25 (1986)

Prohibits smoking in Mid South Coliseum, the
Auditorium South Hall, and the Dixon-Meyers Hall, and
the Auditorium stage area. Lobbies are excepted.

TN. Code Sectlon 20-25 (1986)

Prohibits smoking in hospital lobbies and waiting
rooms.

TN. Code Section 20-25 (1986)

Prohibits smoking in hotels.

TN. Code Section 20-25 (1986)

Prohibits smoking in Cook Convention Center.

TN. Code Sectlon 20-25 (1966)

Prohibits smoking in areas designated as nonsmoking
areas in hospital lobbies and waiting rooms.

IN. Code Sectlon 20-25 (1966)

Institutes a general prohibition in certain public areas.
(See other summaries for specific areas).

TN. Code Sectlon 20-25 (1986)

Prohibits smoking in all public and private restaurants.
Restaurants with adequate nonsmoking areas, and
rooms being used for private functions are excepted.

TN. Code Section 20-25 (1986)

Prohibits smoking in all enclosed public areas of any
merchandising store with more than five employees.
Owner may establish a smoking area in nonshopping
areas; tobacco stores are excluded.

TN.Code Section 20.25(1986)

Prohibits smoking in theaters.

TN. Code Sectlon 36-43 (1967)

Provides that the wholesaler should add the cigarette
tax for cigarettes sold by retailers within the city. The
retailer should charge the tax paid to the consumer.

135


K75

K77

K78

K80

K 81

TN. Code Section 36-51 (1967)

Exempts cigarettes bought by military personnel in any
military establishment from taxation.

TN. Code Section 36-49 (1967)

Provides that city officials have access at all
reasonable times to all records of wholesalers which
are pertinent to determination and collection of the tax.

TN. Code Sectlon 36-47 (1967)

Provides a refund on unsellable stamps or for stamps
on unsellable products.

TN. Code Sectlon 36-46 (1967)

Requires the wholesaler to affix stamps showing the
tax payment on each pack of cigarettes before delivery
to the retailer.

TN. Code Sectlon 36-42 (1967)

Provides for a cigarette tax of 1 e per 20 cigarette pack.

Milwaukee, Wisconsin

Ll

L17

L90

L 91

L 94

WI. Code Sectlon 98-15 (1979)

Prohibits smoking on a public bus operated by the City
of Milwaukee. Violation is punishable by a fine of $10
to $50.

WI. Code Sectlon 105-49 (1943)

Prohibits smoking in theaters or motion picture
theaters. Violation is punishable by a fine of $10.

WI. Code Section lOS-SO(S) (1956)

Makes it illegal for any person to permit a person under
16 years of age to use cigarettes in or upon premises
occupied by him. Violation is punishable by a maxi-
mum fine of $10 for the first offense and $35 for the
second offense.

WI. Code Section 106-30(2) (1956)

Prohibits any person from selling cigarettes to any
minor under 16 years of age. Violation is punishable
by a fine of $25 to $100.

WI. Code Sectlon 10630(4) (1956)

The text was not included only a notice that the or-
dinance was being renumbered. (The ordinance re-
lates to cigarette vending decals and the sale of
tobacco to minors).

New York, New York

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M2

M3

M5

M6

M7

M8

M9

NY. Code Sectlon 17-503 (a)1 (1988)

Prohibits smoking in all public transportation facilities
including ticketing, boarding, and waiting areas of
depots.

NY. Code Sectlon 17-503 (a)(2) (1988)

Prohibits smoking on all public means of mass
transportation, buses, subways, vans, and for-hire
vehicles required to be licensed by the city, i.e., taxi
cabs.

NY. Code Sectlon 17-503 (a)(l5) (1988)

Prohibits smoking on elevators.

NY. Code Section 17-503 (a)(8) (1988)

Prohibits smoking in concert halls and auditoriums.
Adjacent areas designed for smoking are excepted so
long as an area includes no more than 50 percent of
the lobby.

Section 17-503 (a)(lO) prohibits smoking in sports
arenas (including bowling alleys). An adjacent area is
excepted if area does not amount to over 50 percent
of the lobby. This does not apply to the area in the
bowling alley directly behind the scoring area.

NY. Code Section 17-503 (a)(l2) (1988)

Prohibits smoking in public health care facilities includ-
ing hospitals, clinics, physical therapy facilities, con-
valescent homes, and homes for the aged. Offices,
lounges designed for smoking, and areas in dining
rooms where smoking is not otherwise prohibited are
excepted.

NY. Code Section 17-503 (a)(6) (1988)

Prohibits smoking in hotels and motels with 15 or more
employees. Does not apply to private areas. Smoking
area 25 feet from main desk is excepted so long as the
smoking area does not include greaterthan 50 percent
of the lobby.

NY. Code Section 17-503 (a)(7) (1988)

Prohibits smoking in libraries.

NY. Code Sectlon 17-503 (a)(7) (1988)
Prohibits smoking in museums and galleries.

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M 10 NY. Code Section 17-503 (a)(9) (1988)

Prohibits smoking in convention halls. Smoking may
be permitted in a contiguous area so long as it con-
stitutes no more than 50 percent of seating capacity or
floor space; in continguous area so long as it con-
stitutes no more than 50 percent of the lobby; and at
conventions of private groups where persons par-
ticipating are individually identified by the sponsor or
organizer of the convention.

Section 17-503 (a)(1 1) prohibits smoking in public
meeting places when the meeting is conducted for
educational, religious, recreational, or political pur-
poses; private homes are excepted.

M 12  NY. Code Section 17-503 (1988)
  Institutes a general prohibition against smoking in
  specified public places. (See individual summaries for
   specific places).

M 13  NY. Code Section 17-503 (a)(5) (1988)
  Prohibits smoking in restaurants with a seating
  capacity of greater than 50. Bars and a contiguous
  smoking area that does not take up more than 50
  percent of the seating capacity are excepted.
  Proprietor may exceed the 50 percent smoking maxi-
  mum by 10 percent if a party of greater than 6 request
  to be seated and the only available seats are in the
   nonsmoking section.

M 14 NY. Code Section 17-503 (a)(3) (1988)

   Prohibits smoking in public restrooms.

M 15 NY. Code Sectlon 17-503 (a)(4) (1988)
  Prohibits smoking in retail stores which accommodate
  more than 150 persons, or employ more than 15
  people. Tobacco products retail stores are excepted.

M 16 NY. Code Section 17-503 (a)(13), (14)(1988)
  Prohibits smoking in all pre-primary, primary, and
  secondary schools. Areas designated for smoking in
  employee dining areas, lounges, or administrative of-
   fices are excepted.

Section 14 summary: prohibits smoking in all schools
not covered in Section 13, such as colleges. Desig-
nated employee smoking areas such as dining areas,
lunchrooms, and lounges are excepted. Smoking
areas in student dining areas or lounges are excepted
provided that the area does not constitute more than
50 percent of the seating area or floor space.

M 17 NY. Code Section 17-503 (a)(6) (1988)
  Prohibits smoking in theaters. Smoking area of less
  than 50 percent of the lobby is excepted.

M 21  NY. Code Section 17-503 (a)(1 1) (1988)

Prohibits smoking in places of public assembly when
the meeting is being conducted for religious purposes.

M 22  NY. Code Section 17-503 (a)(6) (1988)

Prohibits smoking in business establishments employ-
ing more than 15 employees including banks.

M 25 NY. Code Section 17-504 (b)(5) (1988)

Provides that nonsmoking areas of cafeterias and
lunchrooms shall constitute at least 50 percent of
seating capacity or floor space (whichever is greater).

M 26 NY. Code Section 17-504 (b)(3) (1988)

Prohibits smoking in auditoriums and classrooms.

M 27 NY. Code Section 17-504 (b)(5) (1988)

Provides for establishment of a procedure to resolve
disputes caused by an employee's desire to work in a
smoke-free environment.

M 28 NY. Code Section 17-504 (b)(3) (1988)

Prohibits smoking in conference rooms and meeting
rooms (unless all present consent).

M 29 NY. Code Section 17-504 (b)(l) (1988)

Allows an employee to designate his or her work area
as a nonsmoking area (not less than 8 feet from
smoking area).

M 31  NY. Code SectIon 17-504 (b)(3) (1988)

Prohibits smoking in hallways and elevators.

M 32 NY. Code Section 17-504 (b)(4) (1988)

Requires that at least 50 percent of each employee
lounge be designated as a nonsmoking area.

M 34  NY. Code Section 17-504 (1988)

Requires the establishment of certain nonsmoking
areas in the workplace. (See other summaries for
details).

M 35  NY. Code SectIon 17-504 (1988)

Requires an employer to furnish each employee with
a copy of the smoking policy.

M 36 NY. Code Section 17-504 (b)(3) (1988)

Prohibits smoking in restrooms.

137