This act shall be known and may be cited as the “Smoking in Public Places Act”.
As used in this act:
1. “Educational facility” means a building owned, leased or under the control of a public or private school system, college or university;
2. “Health facility” means an entity which provides health services, including but not limited to hospitals, nursing homes, long-term care facilities, kidney disease treatment centers, health maintenance organizations and ambulatory treatment centers;
3. “Licensed premises” means any portion of a building, structure, room or enclosure located on real estate which is owned, leased used, controlled or operated by a licensee authorized by the Alcoholic Beverage Laws Enforcement Commission to sell liquor for consumption on the premises, but shall not include a separate or enclosed lounge or bar area as specified in Section 598 of Title 37 of the Oklahoma Statutes, service organizations or fraternal beneficiary societies which are exempt under Section 501 (c) (8) (10) or (19) of the Internal Revenue Code, a licensed premises that is part of a bowling alley area, or racetrack licensed by the Oklahoma Racing Commission;
4. “Meeting” means a meeting as defined in the Open Meeting Act, Section 304 of Title 25 of the Oklahoma Statutes;
5. “Public body” means a public body as defined in the Open Meeting Act, Section 304 of Title 25 of the Oklahoma Statutes;
6. “Public place” means:
a. an enclosed, indoor area owned or operated by a state or local governmental agency and used by the general public or serving as a place of work for public employees or a meeting place for a public body, including an office, educational facility, health facility, auditorium, arena, meeting room or public conveyance, or
b. an enclosed, indoor area which is not owned or operated by a state or local governmental agency which is used by the general public and which is;
(1) an educational facility,
(2) a health facility,
(3) an auditorium,
(4) an arena,
(5) a theater,
(6) a museum,
(7) a restaurant,
(8) licensed premises,
(9) a concert hall, and
(10) any other facility during the period of its use for a performance or exhibit of the arts;
7. “Restaurant” means any eating establishment with a seating capacity of fifty persons or more; and
8. “Smoking” means the carrying by a person of a lighted cigar, cigarette, pipe or other lighted smoking device.
B. Public place shall not include a private, enclosed room or office occupied exclusively by a smoker or smokers, even if the room or enclosed office may be visited by a nonsmoker.
A. No person shall smoke in a designated nonsmoking area in a public place, at a meeting of a public body, in a nursing facility licensed pursuant to the Nursing Home Care Act, or in a child care facility, during hours of operation, licensed pursuant to the Oklahoma Child Care Facilities Licensing Act. A nursing facility licensed pursuant to the Nursing Home Care Act may designate smoking areas for residents and their guests. Nursing facilities may designate smoking areas for employees if such designated areas are in separate rooms that are not used by residents.
B. A health facility may prohibit all smoking in such facility or may designate smoking and nonsmoking areas within the facility.
1. Except as otherwise provided in paragraph 2 of this subsection, an educational facility which offers an early childhood education program or in which children in grades kindergarten through twelve are educated shall prohibit smoking, the use of snuff, chewing tobacco or any other form of tobacco product in the buildings and on the grounds of the facility by all persons including, but not limited to, full-time, part-time, and contract employees, during the hours of 7:00 a.m. to 4:00 p.m., during the school session, or when class or any program established for students is in session.
2. Career and technology centers may designate smoking areas outside of buildings, away from general traffic areas and completely out of sight of children under eighteen (18) years of age, for use by adults attending training courses, sessions, meetings or seminars.
3. An educational facility may designate smoking areas outside the buildings for the use of adults during certain activities or functions, including, but not limited to, athletic contests.
D. This section shall not apply to a room, hall or building used for a private function if the seating arrangements are under the control of the sponsor of the function and not under the control of the state or local governmental agency or the person who owns or operates the room, hall or building, or to a licensed premises that is a part of a bowling alley area, or to a racetrack licensed by the Oklahoma Racing Commission.
E. This section shall not apply to areas in which prisoners are housed in municipal jails, county jails as defined in Section 502 of Title 57 of the Oklahoma Statutes.
This section shall not apply to a separate or enclosed bar area of a licensed premises, as provided in Section 241 of Title 37 of the Oklahoma Statutes, which has as its main purpose the selling or serving of low-point beer for consumption on the premises.
F. Nothing in this section shall be construed to prohibit educational facilities from having more restrictive policies regarding smoking and the use of other tobacco products in the buildings or on the grounds of the facility.
A. Smoking and nonsmoking areas shall be designated by the state or local governmental agency or the person who owns or operates a public place, except in a public place in which smoking is prohibited by law. Existing physical barriers and ventilation systems shall be used to minimize smoke in both smoking and adjacent nonsmoking areas.
B. In the case of a public place consisting of a single room, the state or local governmental agency or the person who owns or operates the single room shall be in compliance with this act if an area of the room is reserved and posted as a nonsmoking area.
The state or local governmental agency or the person who owns or operates a public place shall, at a minimum do the following in order to prevent smoking in nonsmoking areas:
1. Post signs which state that smoking in that public place is prohibited in designated nonsmoking areas, pursuant to this act; and
2. Ask smokers to refrain from smoking upon request of a client or employee suffering discomfort from the smoke or who has hypersensitivity to smoke.
The State Board of Health shall promulgate rules and regulations necessary to implement the provisions of this act. The Oklahoma State Board of Examiners for Nursing Home Administrators shall establish and adopt a policy to effectuate compliance with the Smoking in Public Places Act, Section 1-1521 et seq. of this title, which shall be applicable to nursing homes and long-term care facilities.
The State Legislature by adopting this act intends to preempt any other regulation promulgated to control smoking in public places and to standardize laws that governmental subdivisions may adopt to control smoking. Cities and towns may enact and enforce laws prohibiting and penalizing conduct under provisions of this act, but the provisions of such laws shall be the same as provided in this act and the enforcement provisions under such laws shall not be more stringent than those of this act.
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D. All buildings, or portions thereof, owned by an educational facility as is defined in the Smoking in Public Places and Indoor Workplaces Act shall be designated as nonsmoking as provided for in Section 1-1523 of Title 63 of the Oklahoma Statutes. All campuses, buildings and grounds, or portions thereof, owned or operated by an institution within The Oklahoma State System of Higher Education may be designated as tobacco free, including smoking or smokeless tobacco, by the institution upon adoption of a policy stating the tobacco restrictions for the institution and an intent to enforce the penalty for violations as set forth in subsection N of this section.
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N. Any person who knowingly violates this act is guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine of not less than Ten Dollars ($10.00) nor more than One Hundred Dollars ($100.00).