The Smoke-Free Arizona Act

SMOKESMOKE--FREE ARIZONAFREE ARIZONA

The SmokeThe Smoke--FreeFreeArizona ActArizona Act

Arizona Department of Health ServicesArizona Department of Health Services


The SmokeThe Smoke--Free Arizona ActFree Arizona ActIn November of 2006, the citizens ofIn November of 2006, the citizens ofArizona made their voices heard byArizona made their voices heard bypassing the Smokepassing the Smoke--Free Arizona Act,Free Arizona Act,A.R.S.A.R.S. §§ 3636--601.01, which prohibits601.01, which prohibitssmoking in most enclosed publicsmoking in most enclosed publicplaces and places of employment.places and places of employment. TheTheSmokeSmoke--Free Arizona Act becameFree Arizona Act becameeffective May 1, 2007.effective May 1, 2007.


What is the SmokeWhat is the Smoke--Free Arizona Act?Free Arizona Act?Provides that people will not be subjected toProvides that people will not be subjected tosecondhand smoke in most public places and places ofsecondhand smoke in most public places and places ofemployment.employment.

nn Public places means anPublic places means an enclosedenclosed area to which the public isarea to which the public isinvited or in which the public is permittedinvited or in which the public is permitted

nn Places of employment means anPlaces of employment means an enclosedenclosed area under thearea under thecontrol of a public or private employer that employees normallycontrol of a public or private employer that employees normallyfrequent during the course of employmentfrequent during the course of employment

The Law prohibits smoking inside and within 20 feet ofThe Law prohibits smoking inside and within 20 feet ofentrances, open windows, or ventilation systems of anentrances, open windows, or ventilation systems of anestablishment.establishment.


ExamplesExamples

nn Public PlacesPublic Placesnn AirportsAirportsnn BanksBanksnn BarsBarsnn Health care facilitiesHealth care facilitiesnn Public transportationPublic transportationnn RestaurantsRestaurantsnn Retail storesRetail storesnn Sports facilitiesSports facilitiesnn TheatresTheatres

nn Places of EmploymentPlaces of Employmentnn Office buildingsOffice buildingsnn Work areasWork areasnn Employee loungesEmployee loungesnn RestroomsRestroomsnn Conference andConference and

meeting roomsmeeting roomsnn Private officesPrivate officesnn VehiclesVehicles


Arizona is Not AloneArizona is Not Alone……

Currently, 25 states includingCurrently, 25 states includingArizona, have already passedArizona, have already passedstrong smokestrong smoke--free air laws. Threefree air laws. Threestates have passed smokestates have passed smoke--freefreelaws that will be effective in 2009.laws that will be effective in 2009.

(As of February 2008)(As of February 2008)


Exemptions of theExemptions of theSmokeSmoke--Free Arizona ActFree Arizona Act

nn Private residencesPrivate residences

nn Hotel and motel roomsHotel and motel rooms

nn Retail tobacco storesRetail tobacco stores

nn Veterans and fraternal clubsVeterans and fraternal clubs

nn Outdoor patiosOutdoor patios

nn American Indian ReligiousAmerican Indian ReligiousCeremoniesCeremonies

nn Theatrical performanceTheatrical performance

For more information about the exemptions of the Law please visitsmokefreearizona.org

Tribes are Sovereign Nations.Tribes are Sovereign Nations. The SmokeThe Smoke--Free Arizona Act has no application onFree Arizona Act has no application onIndian reservations.Indian reservations.


Why ItWhy It’’s Important?s Important?n The main purpose of the Smoke-Free Arizona Act is to protect

workers, customers, and the general public from the harmful effectsof secondhand smoke in most enclosed public places and places ofemployment.

n Why is it so important?n 4,000 chemical compounds have been identified in secondhand smoke,

200 are poisons and at least 40 cause cancer 1

n Exposure to the secondhand smoke of just one cigarette per dayaccelerates the progression of atherosclerosis (hardening of thearteries) 2

n Smoke-filled rooms have up to six times the air pollution as a busyhighway 3

n Secondhand smoke is responsible for approximately 3,000 lung cancerdeaths annually in U.S. non-smokers 4

1American Lung Association, www.lungusa.org; 2American Heart Association, www.heart.org;3Centers for Disease Control, It’s Time to Stop Being a passive Victim, 1993; 4CDC Tobacco Usein the U.S., Retrieved Sept. 30, 2003, www.cdc.gov/tobacco/overview/tobus_us.htm.


Requirements for BusinessesRequirements for Businessesnn There are a few simple things that employersThere are a few simple things that employers

and business owners can do to comply with theand business owners can do to comply with theLaw:Law:nn Remove all indoor ashtrays and smoking receptaclesRemove all indoor ashtrays and smoking receptaclesnn Move all outdoor ashtrays and smoking receptacles atMove all outdoor ashtrays and smoking receptacles at

least 20 ft away from entrancesleast 20 ft away from entrancesnn Post the required noPost the required no--smoking signs at every entrancesmoking signs at every entrancenn Inform employees about the LawInform employees about the Lawnn Prohibit anyone from smoking within 20 feet of allProhibit anyone from smoking within 20 feet of all

entrances and inside your place of businessentrances and inside your place of business


SmokeSmoke--FreeFreeArizona SignArizona Sign

RequirementsRequirementsUniversal No-SmokingSymbol RED or thewords “No Smoking”

Smoke-Free Arizona Website

Smoke-Free ArizonaTelephone Number

A.R.S. §§ 36-601.01


CustomCustom--made Signsmade Signs

*Example of an acceptablecustom-made sign

Business proprietors havethe option of orderingsignage free of charge ORcreating their own "nosmoking" signs as long asthey have all the requiredinformation.


Now Available!Now Available!

The purpose of the 20 foot sticker is toremind customers, visitors and

employees that smoking is prohibitedwithin 20 feet of the entrance. Keep inmind that this add-on is not required by

the Law and it does not replace thecurrent Smoke-Free Arizona signs.


Outdoor PatiosOutdoor Patios

nn Smoking is allowed on outdoor patios.Smoking is allowed on outdoor patios. BusinessBusinessowners with food and/or liquor licenses shouldowners with food and/or liquor licenses shouldconsider contacting the county healthconsider contacting the county healthdepartment, the Department of Liquor Licensesdepartment, the Department of Liquor Licensesand Control, the local building department, andand Control, the local building department, andany other applicable authorities before modifyingany other applicable authorities before modifyingor building a new outdoor smoking patio. Otheror building a new outdoor smoking patio. Otherbusiness owners should also consider contactingbusiness owners should also consider contactingany applicable authorities.any applicable authorities.


Outdoor Patios and the 20 Foot RuleOutdoor Patios and the 20 Foot Rulenn If an outdoor patio is less than 20 feet from anyIf an outdoor patio is less than 20 feet from any

entrance of an establishment, a proprietor mayentrance of an establishment, a proprietor maypermit smoking on the outdoor patio only if thepermit smoking on the outdoor patio only if theproprietor uses a method that:proprietor uses a method that:nn Provides a smokeProvides a smoke--free entrance into thefree entrance into the

establishmentestablishmentnn Does not permit tobacco smoke to drift into theDoes not permit tobacco smoke to drift into the

establishment through entrances, open windows,establishment through entrances, open windows,ventilation systems, or other meansventilation systems, or other means

For more information regarding outdoor patios, please visit ourFor more information regarding outdoor patios, please visit our website atwebsite atsmokefreearizona.org, call 1smokefreearizona.org, call 1--877877--AZ STOPS, or contact your county healthAZ STOPS, or contact your county healthdepartment.department.


Education is the KeyEducation is the Keynn ADHS and the county health departments areADHS and the county health departments are

responsible to implement the Smokeresponsible to implement the Smoke--FreeFreeArizona Act by helping businesses (includingArizona Act by helping businesses (includingbars and restaurants) to comply with the Lawbars and restaurants) to comply with the Lawand by educating the general public about theand by educating the general public about thebenefits of the Lawbenefits of the Law

nn The SmokeThe Smoke--Free Arizona tollFree Arizona toll--free informationfree informationline is available 24 hours a day to answerline is available 24 hours a day to answerinquiries from the public and businessesinquiries from the public and businesses

nn Educational presentations and onEducational presentations and on--site visits aresite visits areoften performed by request to help businessesoften performed by request to help businessescomply with the Lawcomply with the Law


ADHS Accepting ComplaintsADHS Accepting Complaints

nn Citizens of Arizona can file complaintsCitizens of Arizona can file complaintsanonymously in the following way:anonymously in the following way:nn Call the SmokeCall the Smoke--Free Arizona Program atFree Arizona Program at

11--877877--429429--66766676nn File a compliant online atFile a compliant online at

www.smokefreearizona.comwww.smokefreearizona.comnn Email the SmokeEmail the Smoke--Free Arizona Program atFree Arizona Program at

[email protected]@azdhs.gov


What Happens to My Complaint?What Happens to My Complaint?nn All complaints are received by ADHS and areAll complaints are received by ADHS and are

referred to the appropriate county healthreferred to the appropriate county healthdepartment for education, compliance, anddepartment for education, compliance, andenforcementenforcement

nn County health departments are in charge ofCounty health departments are in charge ofinvestigating complaints about violations of theinvestigating complaints about violations of theSmokeSmoke--Free Arizona Act. The county healthFree Arizona Act. The county healthdepartments have 15 days after receipt of thedepartments have 15 days after receipt of thecomplaint to conduct an inspection or performcomplaint to conduct an inspection or performeducation activities .education activities .


Complaints, Violations, andComplaints, Violations, andPenaltiesPenalties

nn If a violation is found, the business owner isIf a violation is found, the business owner issubject to fines between $100 to $500 persubject to fines between $100 to $500 perviolation per day or up to $5,000 per violationviolation per day or up to $5,000 per violationper day if a Superior Court determines there is aper day if a Superior Court determines there is apattern of noncompliance.pattern of noncompliance.

nn An individual who smokes where prohibited isAn individual who smokes where prohibited isguilty of a petty offense and may be finedguilty of a petty offense and may be finedbetween $50 to $300between $50 to $300


Contact InformationContact Informationnn For more information, please call us at :For more information, please call us at :

11--877877-- AZSTOPSAZSTOPS (1(1--877877--297297--8677)8677)

Email us at :Email us at :[email protected]@azdhs.gov

nn To file a complaint, please call:To file a complaint, please call:11--877877--4 AZNOSMOKE4 AZNOSMOKE ( 1( 1--877877--429429--6676)6676)

Email us at:Email us at:[email protected]@azdhs.gov

The Smoke-Free Arizona Act

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