NON-SMOKER PROTECTION ACT

SB1325/HB1851

Effective October 1, 2007

This new law prohibits smoking in all enclosed public places, including restaurants and workplaces. Listed here are some of the basic points of the legislation:

Smoking is prohibited in all enclosed public places within the state of Tennessee;

Exemptions

• Age-restricted venues (21 and over venues at all times)
• 25% of hotel/motel rooms rented and designated as smoking
• All premises of any manufacturer, importer, or wholesales of tobacco products, all premises of any tobacco leaf dealer or processor, and all tobacco storage facilities
• Non-enclosed areas of public places, including open air patios, porches or decks; any area enclosed by garage type doors on one (1) or more sides when all such doors are completely open; and any area enclosed by tents or awnings with removable sides or vents when all such sides or vents are completely removed or open
• Nursing homes and long term care facilities licensed pursuant to title 68, chapter 11
• Private businesses with three or fewer employees where, at the discretion of the business owner, smoking may be allowed in an enclosed room not accessible to the general public
• Private clubs; provided that such exemption shall not apply to any entity that is established solely for the purpose of avoiding compliance with this part
• Private homes, private residences and private motor vehicles
• Retail tobacco stores that prohibit minors on their premises

Definitions

“Age Restricted Venue” means a legal establishment that affirmatively restricts access to its buildings or facilities, or enclosed areas within its buildings or facilities, at all times to persons who are twenty-one (21) years of age or older by requiring each person who attempts to gain entry to such buildings or facilities.

“Enclosed Area” means all space between a floor and ceiling that is enclosed on all sides by solid walls or windows, exclusive of doorways, which extend from floor to ceiling.

“Place of Employment” means an enclosed area under the control of a public or private employer that employees normally frequent during the course of employment.

“Private Club” means any club or organization that does not permit the general public access to its facilities or activities. 

“Public Place” means an enclosed area to which the public is invited including, but not limited to, banks, educational facilities, health care facilities, hotel and motel lobbies, Laundromats, public transportation facilities, reception areas, restaurant, retail food production and marketing establishments, recreational facilities, retail service establishments, retail stores, shopping malls, sports arenas, theaters, places of employment and waiting rooms.

“Restaurant” means an eating establishment, including, but not limited to, coffee shops, cafeterias, sandwich stands, and private and public school cafeterias, which gives or offers for sale food to the public, guests, or employees, as well as kitchens and catering facilities in which food is prepared on the premises for serving elsewhere.  The term “restaurant” shall include a bar area within the restaurant.

"Retail tobacco store" means a retail store that derives its largest category of sales from tobacco products and accessories;

Signage

“No Smoking” signs or the international “No Smoking” symbol, consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a red bar across it, shall be clearly and conspicuously posted at every entrance to every public place and place of employment where smoking is prohibited by this part by the owner, operator, manager, or other person in control of that place.

Enforcement

The law shall be enforced by the Tennessee Department of Health in those enclosed public places otherwise regulated by the Department of Health.  The law shall be enforced by the Tennessee Department of Labor and Workforce Development in those enclosed public places otherwise regulated by the Department of Labor and Workforce Development.

A person who knowingly smokes in an area where smoking is prohibited by the provisions of this part shall be subject only to a civil penalty of fifty dollars ($50).

A person who owns, manages, operates or otherwise controls any public place where smoking is prohibited pursuant to the provisions of this part and who knowingly fails to comply with any provision of this part shall be subject to the following:

            (1) For a first violation in any twelve-month period, a written warning from the department of health or        department of labor and workforce development, as appropriate;

            (2) For a second violation in any twelve-month period, a civil penalty of one hundred dollars ($100); and

            (3) For a third or subsequent violation in any twelve-month period, a civil penalty of five hundred dollars ($500).

Each day on which a knowing violation of this part occurs shall be considered a separate and distinct violation.