[Vision2020] Over reaching LOCAL legislation

[Wayne Price]

Since the local INDOOR smoking ban, is a shoe string off of the Idaho  
INDOOR Clean Air Act,  isn't making OUTDOOR smoking a bit of a legal  
stretch? I'm not sure that the LOCAL GOVERNMENT even has the authority  
under the
Idaho INDOOR Clean Air Act to legislate OUTDOOR smoking outside of the  
parameters set by the state legislation. Looks like the gang of 7 has  
done a bit of overreaching . Looks like this one will cost us money  
when it is brought to the courts.  Specifically: "The twenty-foot  
“halo” around public entrances only applies to indoor shopping malls,  
airport terminals, indoor sports arenas, hospitals, libraries, concert  
halls, and schools. Hotels, restaurants and other retail  
establishments are not subject to the smoking prohibition within  
twenty feet. "  The STATE legislature  it appears, has the last say on  
this one and has already spoken!


Idaho Clean Indoor Air Act
Questions & Answers
Senator Brent Hill

Idaho’s Clean Indoor Air Act that prohibits smoking in public places  
goes into effect on July 1. Since its passage by the 2004 Legislature,  
I have received dozens of calls asking how the law will apply to  
specific situations. The Department of Health and Welfare is in the  
process of promulgating rules, but that process will not be complete  
until well after businesses must comply with the law on July 1.

As author of the Clean Indoor Air Act, I can at least explain the  
legislative intent of the new law. While the final rules may further  
clarify the law, here are my opinions regarding the most commonly  
asked questions:

Q: What is a “public place?”
A: Any enclosed indoor place of business, whether publicly or  
privately owned, to which persons other than employees have general  
and regular access or which the public uses. Examples include: Office  
buildings, all retail stores, restaurants, hospitals, schools, concert  
halls, indoor sports arenas.

Q: So are “designated smoking areas” still permitted in public places?
A: No.

Q: Are there exceptions to the smoke-free rules?
A: Yes. The most notable exceptions are bars and bowling centers.

Q: Does that mean bars and bowling centers must allow smoking?
A: No. Any proprietor can prohibit smoking within a business  
establishment.

Q: Must outdoor (i.e. patio) seating at restaurants also be smoke free?
A: No. The law only covers indoor facilities.

Q: If there is a bar within a restaurant, can smoking be allowed in  
the bar if it is enclosed with walls or glass partitions?
A: No. The law specifically prohibits smoking in bars within  
restaurants, even if they are separately enclosed.

Q: Can a bar that serves food ever allow smoking?
A: Yes, but only if it restricts admittance to adults over age 21 and  
clearly posts at the entrances that smoking is permitted.

Q: What if a “general store” has sections for groceries, dry goods,  
snack bar, fishing gear, etc., and a small area where beer is served?  
Can smoking be allowed in the “bar area?”
A: No. A bar must be a separate facility with a separate outside  
entrance.


Q: What about professional (i.e. legal, accounting, real estate)  
offices?
A: Smoking is not permitted even when clients/customers are not present.


Q: What about manufacturing plants?
A: The law does not prohibit smoking in manufacturing and other  
facilities unless “persons other than employees have general and  
regular access” to the facilities.

Q: I hear smoking will not be allowed within twenty feet of public  
places. Is that true?
A: The twenty-foot “halo” around public entrances only applies to  
indoor shopping malls, airport terminals, indoor sports arenas,  
hospitals, libraries, concert halls, and schools. Hotels, restaurants  
and other retail establishments are not subject to the smoking  
prohibition within twenty feet.

Q: Can airport terminals provide designated smoking rooms?
A: No.

Q: Can hotels still provide “smoking rooms?”
A: Yes, but all common areas must be smoke-free.

Q: What about a small business within my private home?
A: An office or small business, other than a child care facility,  
occupying less than 50% of a private residence, is not required to be  
smoke-free.

Q: Can a business have smoking break rooms for its employees?
A: No. Only very small businesses with five or fewer employees are  
permitted to maintain smoking break rooms, and even they are subject  
to restrictions.

Q: Can a business build a shelter outside its facility where employees  
can smoke?
A: Yes, but it must not share the same ventilation system with the  
public facility.

Q: What do I do if someone is smoking in a public place?
A: No-smoking laws are pretty much self-enforcing. If someone is  
violating the law, they probably just need to be reminded. However,  
you may report the violation to an owner or employee of the business.

Q: What is the business owner’s responsibility?
A: To ask the smoker to either extinguish the smoking material or  
leave the premises. If the smoker refuses, the business may contact  
law enforcement.

Q: Can a city council pass ordinances to prohibit smoking in bowling  
centers and/or bars?
A: Yes. The law specifically permits local municipalities to pass laws  
more restrictive than the state law.

Q: How can a business be sure it is in compliance with the new law?
A: If in doubt, I would suggest you consult an attorney. But be very  
cautious not to stretch the intent of Idaho’s Clean Indoor Air Act.  
You or your attorney can access the legislation at www3.state.id.us/ 
oasis/S1283.html.


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