2023 Connecticut General Statutes › Title 19a - Public Health and Well-Being › Chapter 368m - Nuisances and Public Places › Section 19a-342. (Formerly Sec. 1-21b). - Smoking prohibited. Exceptions. Signs required. Penalties.

(a) As used in this section:
(1) “Smoke” or “smoking” means the burning of a lighted cigarette, cigar, pipe or any other similar device, whether containing, wholly or in part, tobacco, cannabis, or hemp;
(2) “Any area” means the interior of the facility, building or establishment and the outside area within twenty-five feet of any doorway, operable window or air intake vent of the facility, building or establishment;
(3) “Cannabis” means marijuana, as defined in section 21a-240; and
(4) “Hemp” has the same meaning as provided in section 22-61
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(b) (1) Notwithstanding the provisions of section 31-40q, no person shall smoke: (A) In any area of a building or portion of a building, owned and operated or leased and operated by the state or any political subdivision of the state; (B) in any area of a health care institution, including, but not limited to, a psychiatric facility; (C) in any area of a retail establishment accessed by the general public; (D) in any restaurant; (E) in any area of an establishment with a permit issued for the sale of alcoholic liquor pursuant to section 30-20a, 30-21, 30-21b, 30-22, 30-22c, 30-28, 30-28a, 30-33a, 30-33b, 30-35a, 30-37a, 30-37e or 30-37f, in any area of an establishment with a permit for the sale of alcoholic liquor pursuant to section 30-23 issued after May 1, 2003, and, on and after April 1, 2004, in any area of an establishment with a permit issued for the sale of alcoholic liquor pursuant to section 30-22a or 30-26 or the bar area of a bowling establishment holding a permit pursuant to subsection (a) of section 30-37c; (F) in any area of a school building or on the grounds of such school; (G) within a child care facility or on the grounds of such child care facility, except, if the child care facility is a family child care home, as defined in section 19a-77, such smoking is prohibited only when a child enrolled in such home is present during customary business hours; (H) in any passenger elevator; (I) in any area of a dormitory in any public or private institution of higher education; (J) in any area of a dog race track or a facility equipped with screens for the simulcasting of off-track betting race programs or jai alai games; (K) in any room offered as an accommodation to guests by the operator of a hotel, motel or similar lodging; (L) in any area of a correctional facility or halfway house; or (M) in any area of a platform or a shelter at a rail, busway or bus station, owned and operated or leased and operated by the state or any political subdivision of the state. For purposes of this subsection, “restaurant” means space, in a suitable and permanent building, kept, used, maintained, advertised and held out to the public to be a place where meals are regularly served to the public, “school” has the same meaning as provided in section 10-154a and “child care facility” has the same meaning as provided in section 19a-342a.
(2) Subdivision (1) of this subsection shall not apply to the following: (A) Public housing projects, as defined in subsection (b) of section 21a-278a; (B) any classroom where demonstration smoking is taking place as part of a medical or scientific experiment or lesson; (C) notwithstanding the provisions of subparagraph (E) of subdivision (1) of this subsection, the outdoor portion of the premises of any permittee listed in subparagraph (E) of subdivision (1) of this subsection, provided, in the case of any seating area maintained for the service of food, at least seventy-five per cent of the outdoor seating capacity is an area in which smoking is prohibited and which is clearly designated with written signage as a nonsmoking area, except that any temporary seating area established for special events and not used on a regular basis shall not be subject to the smoking prohibition or signage requirements of this subparagraph; (D) any medical research site where smoking is integral to the research being conducted; or (E) any tobacco bar, provided no tobacco bar shall expand in size or change its location from its size or location as of December 31, 2002. For purposes of this subdivision, “outdoor” means an area which has no roof or other ceiling enclosure, “tobacco bar” means an establishment with a permit for the sale of alcoholic liquor to consumers issued pursuant to chapter 545 that, in the calendar year ending December 31, 2002, generated ten per cent or more of its total annual gross income from the on-site sale of tobacco products and the rental of on-site humidors, “tobacco product” means any substance that contains tobacco, including, but not limited to, cigarettes, cigars, pipe tobacco or chewing tobacco, except “tobacco product” does not include cannabis.
(c) In each room, elevator, area or building in which smoking is prohibited by this section, the person in control of the premises shall post or cause to be posted in a conspicuous place signs stating that smoking is prohibited by state law. Such signs, except in elevators, restaurants, establishments with permits to sell alcoholic liquor to consumers issued pursuant to chapter 545, hotels, motels or similar lodgings, and health care institutions, shall have letters at least four inches high with the principal strokes of letters not less than one-half inch wide.
(d) Any person found guilty of smoking in violation of this section, failure to post signs as required by this section or the unauthorized removal of such signs shall have committed an infraction. Nothing in this section shall be construed to require the person in control of a building to post such signs in every room of the building, provided such signs are posted in a conspicuous place in the building.
(e) Nothing in this section shall be construed to require any smoking area inside or outside any building or the entryway to any building or on any property.
(f) The provisions of this section shall supersede and preempt the provisions of any municipal law or ordinance relative to smoking effective prior to, on or after October 1, 1993.
(P.A. 74-126, S. 1–3; P.A. 77-284; P.A. 79-410; P.A. 83-27; 83-242; P.A. 84-546, S. 5, 173; P.A. 87-201; 87-589, S. 63; P.A. 93-110, S. 2, 5; 93-304; 93-368, S. 2; 93-435, S. 62, 95; P.A. 02-110, S. 1; P.A. 03-45, S. 1; 03-235, S. 2; June 30 Sp. Sess. P.A. 03-3, S. 33; P.A. 04-9, S. 1; P.A. 17-146, S. 35; P.A. 18-167, S. 7; P.A. 19-13, S. 17; P.A. 21-175, S. 12; June Sp. Sess. P.A. 21-1, S. 86.)
History: P.A. 77-284 defined “smoking”, prohibited smoking in health care institutions, elevators, classrooms and government buildings and meetings except where noted and clarified sign posting requirements; P.A. 79-410 amplified previous restrictions, added restrictions for restaurants and food stores and exempted signs in elevators, restaurants and health care institutions from size requirements; P.A. 83-27 amended Subsec. (d) by replacing the penalty provision of a fine of not more than $5 with the provision that violation of the section is an infraction; P.A. 83-242 amended Subsec. (b) to provide nonsmoking rooms to persons in health care institutions and to require restaurants to post signs indicating the availability of nonsmoking areas and added Subsec. (e) to expand the penalty for restaurants in violation of any requirement; P.A. 84-546 made technical changes in Subsecs. (d) and (e); P.A. 87-201 added Subsec. (b)(5) to expand the prohibition against smoking in public schools and renumbering the remaining Subdiv. accordingly; P.A. 87-589 amended new Subdiv. (5) to authorize designation of more than one smoking area; P.A. 93-110 deleted Subsec. (e) re demerit item deductions for restaurants in violation of Subsec. (b)(4); P.A. 93-304 amended Subsec. (a) to define “smoking area”, amended Subsec. (b) to prohibit smoking except in a smoking area, deleting prior detailed provisions re smoking in college classrooms, health care institutions and public school buildings and substituting general exemption for correctional facilities, dormitory rooms, psychiatric facilities and public housing projects and added Subsec. (f) to specify that smoking areas are not required and Subsec. (g) re preemption and supersedence of municipal laws and ordinances; P.A. 93-368 amended Subsec. (g) to include any municipal law or ordinance effective after October 1, 1993, among those superseded and preempted; P.A. 93-435 substituted reference to Sec. 21a-278a for reference to Sec. 21a-278, effective June 28, 1993; Sec. 1-21b transferred to Sec. 19a-342 in 1999; P.A. 02-110 added Subsec. (b)(7) prohibiting smoking in any dormitory in any public institution of higher education and made technical changes; P.A. 03-45 amended Subsec. (a) by deleting provisions re smoking areas, replaced former Subsec. (b) with new Subsec. (b), expanding areas where smoking is prohibited and expanding exceptions to smoking prohibition, added new Subsec. (c) allowing smoking in limited number of hotel or motel guest rooms, redesignated existing Subsecs. (c) to (f) as Subsecs. (d) to (g) and amended redesignated Subsec. (d) by adding provision re establishment with permits to sell alcoholic liquor, hotels, motels or similar lodgings; P.A. 03-235 amended Subsec. (b)(1)(E) to delete reference to Sec. 30-37c and to prohibit smoking in the bar area of a bowling establishment holding a permit issued pursuant to Sec. 30-37c(a) on and after April 1, 2004; June 30 Sp. Sess. P.A. 03-3 added Subsec. (b)(1)(I) prohibiting smoking at dog race tracks and facilities for simulcasting off-track betting race programs or jai alai games on and after April 1, 2004; P.A. 04-9 amended Subdiv. (b)(1) by making a technical change; P.A. 17-146 amended Subsec. (b)(2) by making a technical change in Subpara. (D), adding new Subpara. (G) re medical research site, and redesignating existing Subpara. (G) re tobacco bar as Subpara. (H), and amended Subsec. (e) by adding provision re section not to be construed to require person in control of building to post signs in every room of building; P.A. 18-167 amended Subsec. (b)(1)(A) by adding provision prohibiting smoking in any partially enclosed shelter on a rail platform or bus shelter; P.A. 19-13 amended Subsec. (b)(1) by replacing “while school is in session or student activities are being conducted” with “or on the grounds of such school” in Subpara. (F), adding new Subpara. (G) re child care facility, redesignating existing Subparas. (G) to (J) as new Subparas. (H) to (J), and adding provisions defining “school” and “child care facility”; P.A. 21-175 amended by Subsec. (b)(1) by deleting “partially enclosed shelter on a rail platform or bus shelter” in Subpara. (A), adding Subpara. (K), codified by the Revisors as Subpara. (M), re platform or shelter at rail, busway or bus station and making a technical change; June Sp. Sess. P.A. 21-1 amended Subsec. (a) by designating existing definition of smoke as Subdiv. (1) and redefining the same, adding Subdiv. (2) defining “any area”, Subdiv. (3) defining “cannabis” and Subdiv. (4) defining “hemp”, amended Subsec. (b)(1) by adding “area of a” in Subparas. (A) and (I), adding reference to psychiatric facility in Subpara. (B), replacing “food store” with “establishment accessed by the general public” in Subpara. (C), replacing “within” with “in any area of” in Subpara. (F), adding “during customary business hours” in Subpara. (G), deleting provision re prohibition on arrest for violation if no sign in elevator re smoking prohibition in Subpara. (H), deleting reference to “April 1, 2004” in Subpara. (J), adding Subpara. (K) re room offered for accommodation and Subpara. (L) re correctional facility or halfway house, amended Subsec. (b)(2) by replacing reference to this section with reference to Subsec.(b)(1), deleting former Subparas. (A) and (B) re correctional facilities and psychiatric facilities, redesignating existing Subparas. (C) and (D) as Subparas. (A) and (B), deleting former Subpara. (E) re employee smoking rooms, redesignating existing Subparas. (F) to (H) as Subparas. (C) to (E), redefining “tobacco product” to exclude cannabis and making a technical change, deleted former Subsec. (c) re operator of hotel, motel or lodging, redesignated existing Subsecs. (d) to (g) as Subsecs.(c) to (f), amended Subsec. (d) by making technical changes and amended Subsec. (e) by replacing “in” with “inside or outside” and adding references to entryway and on any property.