Chronic Disease Risk Reduction

Please join us for smoke-free dining and in congratulating businesses for providing a smoke-free atmosphere for their customers and for their employees.

Kansas Indoor Clean Air Act    Frequently Asked Questions

The following is provided for general informational purposes only and is not to be used as a defense in any proceeding related to enforcement. Persons wanting legal advice as to the specific application of the law to their situation should contact their legal counsel and or local authorities who are charged with enforcement.

What is the purpose of the law?
The purpose of the Kansas Indoor Clean Air Act is to protect the public health by reducing exposure to secondhand smoke in public places and places of employment.

What does the law cover?
Effective July 1, 2010, smoking will be prohibited in most of the following indoor locations in Kansas:

· Places of employment

· Restaurants

· Bars

· Within 10 feet of any doorway, open window and air intake of establishments where smoking is prohibited

Are there any exceptions to the law?
Yes. The following locations are exempt from the Indoor Clean Air Act:

· Tobacco shops that derive not less than 65 percent of gross receipts from the sale of tobacco

· Gaming floors of lottery gaming facilities or racetrack gaming facilities

· Up to 20 percent of hotel/motel sleeping rooms

· Designated indoor areas of private outdoor recreational clubs (i.e. golf clubs, hunting clubs) where minors are prohibited.

· Designated smoking areas of adult care homes and long-term care facilities.

· 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 at www.KSsmokefree.org.

o    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.

Does this affect day care homes?
Yes.  While smoking is already prohibited in day care homes when children not related to the owner are present, the Indoor Clean Air Act adds an additional penalty for violators.  In addition to any civil fine which may be levied, any day care home that violates any provision of this act may also be subject to criminal punishment.

Does this law affect tobacco self-service displays?
Effective July 1, 2010 it will be unlawful to sell cigarettes or tobacco products by a self-service display (an area openly accessibly to consumers without the assistance of a salesperson) except in a vending machine that is permitted by law.  

Is there a distance requirement away from doors where smokers can smoke outside?
Yes, smoking is prohibited within 10 feet of any doorway, open window and air intake of establishments where smoking is prohibited.

Are signs required and where can they be obtained?
Effective July 1, 2010, businesses that prohibit smoking will be required to post signs that have the international no smoking symbol and state that smoking is prohibited by state law.  These signs are available for free by download or mail upon request at www.KSsmokefree.org.

What are the penalties for breaking the law?
Fines, for owners/operators and smokers:

· 1st violation = not more than $100

· 2nd violation within 1 year = not more than $200

· 3rd and additional violations within 1 year = not more than $500 per violation

· Each individual smoking in an establishment where smoking is prohibited is a separate violation for the business.

How will this law be enforced? 
Local law enforcement (police or sheriff) have the authority to enforce the Kansas Indoor Clean Air Act.  Violators will be guilty of a cigarette or tobacco infraction (see fines above).

What about outdoor environments?
Smoking is prohibited within 10 feet of any doorway, open window and air intake of establishments where smoking is prohibited. Businesses may choose to allow smoking in outdoor areas that are at least 10 feet from doorways, open windows and air intakes.

What about local smoke-free air laws?
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.

Is smoking allowed in private offices or break rooms?
No.

Can people smoke in a business when it is NOT open to the public such as after hours, on weekends, or on holidays?
No. Smoking is prohibited at all times in businesses that are not exempt.

Is smoking allowed in Class A or B Clubs like VFWs or American Legions?
It depends if the club meets the exemption requirements.  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 will be able to allow smoking.  The notification form and directions are available at www.KSsmokefree.org.

What steps do businesses need to take to comply with the law?
Visit the Business toolkit (link) for more details for businesses.

Where do I send a complaint?
Complaints/reports of violations should be directed to your local law enforcement office (police or sheriff).

How are the materials for implementation of the Indoor Clean Air Act being paid for?
The materials for the implementation of the Indoor Clean Air Act are being paid for by contributions of partner organizations and through federal funding. State funds are not being used.

What resources are available to help people quit smoking?
The Kansas Tobacco Quitline, 1-800-QUIT-NOW (784-8669), provides free, private, one-on-one phone counseling to any Kansan ready to quit tobacco use. Smokers, spit-tobacco users, family and friends of tobacco users, and health professionals can call the Quitline for help and information. Quitting tobacco use is the best thing you can do for your health.  Intake is available 7 days a week, 24 hours a day.

A Quitline counselor will help you:

· Set a quit date to help your chance of success

· Learn ways to cope with cravings and withdrawal

· Change your habits related to smoking or chewing

· Avoid weight gain and other side effects

· Find other local support

· Get support whenever you are tempted to smoke or chew

Because of health concerns, more and more diners are requesting clean, healthy air in the restaurants they patronize.   Exposure to secondhand smoke can lead to heart attacks and cancer in adult nonsmokers.  Children routinely exposed to secondhand smoke are more likely to have reduced lung function, twice as many respiratory infections, and more cases of asthma.

In typical smoking sections in restaurants, customers are exposed to  nearly 2 times more secondhand smoke than in a typical office, in a bar 4 to 6 times more.  The only way to protect patrons is to eliminate all smoking indoors or build a completely  enclosed room with a separate ventilation system.

Smoke-free policies in restaurants  are important in protecting the health of youth.  Over 50% of Americans under age 35 are or have been employed in the food service industry.

 80% of adult Kansans do not smoke and the majority  prefer  smoke-free dining.