Protect Local Control

Ensuring Community Rights
To Pass Smokefree Ordinances

Legislative Summary

SB37 - (opt-out provision; workplaces, restaurants and bars) - An Act relating to smoking - Session Adjourned

This bill prohibits smoking in indoor public places and places of employment, including restaurants and bars. Smoking is also prohibited within 10 feet of entrances to places required to be smokefree. Smoking is allowed at cigar-tobacco bars that generate revenue from tobacco products that is at least 20% more than the combined revenue of tobacco and beverages. The bill allows County Commissions to opt the county out of this bill's smokefree requirements. If residents disagree with the County resolution to opt out of the state law, residents have 30 days to set up a petition process to force a ballot vote in order to be able to come back into the smokefree provisions.

  • Preemptive Action


  • Anti-Preemptive Clause


EXEMPTIONS: Smoking is allowed in private homes/ automobiles, except when used for a licensed child care/day care or if a private vehicle is being used for the transportation of children by a licensed health care facility or day care facility; limousines under private hire; 25% of hotel/motel rooms; retail tobacco businesses; cigar-tobacco bars; outdoor areas of businesses; and private clubs.