Effective July 1, 2010, smoking will be prohibited in most of the following indoor locations in Kansas:
o Public places
o Places of employment
o Restaurants
o Bars
o Within 10 feet of business entrances and air intakes
* Effective July 1, 2010, businesses will be required to post signs stating that smoking is prohibited by state law. These signs are available for free by download or mail upon request.
* Fines, for owners/operators and smokers:
o 1st violation = not more than $100
o 2nd violation within 1 year = not more than $200
o 3rd and additional violations within 1 year = not more than $500 per violation
o Each individual smoking in an establishment where smoking is prohibited is a separate violation for the business.
* The following locations are exempt from the Indoor Clean Air Act:
o Tobacco shops that derive not less than 65% of gross receipts from the sale of tobacco
o Gaming floors of lottery gaming facilities or racetrack gaming facilities
o Up to 20% of hotel/motel sleeping rooms
o Designated indoor areas of private outdoor recreational clubs (i.e. golf clubs, hunting clubs) where minors are prohibited.
o Designated smoking areas of adult care homes and long-term care facilities
o Class A and B private clubs licensed before January 1, 2009, that notify the Secretary of the Kansas Department of Health and Environment by September 28, 2010, of their intent to allow smoking. The notification form and directions are available by clicking here.
+ A Class A club is a nonprofit social, fraternal or war veteran's club operated for the exclusive use of members and their families and guests. A Class B club is operated for profit by a corporation, partnership or individual. Both Class A and B clubs are licensed by the Director of the Kansas Alcoholic Beverage Control (ABC), a division of the Kansas Department of Revenue.
* Day care homes third or subsequent violations shall be grounds for suspension of license, certificate of registration or temporary permit.
* Effective July 1, 2010, it will be unlawful to sell cigarettes or tobacco products by a self-service display except in a vending machine that is permitted under HB 2221, Sec. 7, subsection (t) or in a tobacco specialty store. This ensures tobacco products are safely placed behind the counter in places where minors may have access.
* Where local clean indoor air laws have provisions stricter than the state law, these local provisions will prevail. Where local laws have provisions less strict than the state law, state law provisions will prevail effective July 1, 2010.
For more information : KSsmokefree@kdheks.gov / 785-296-0682
