Smoking is prohibited in all public places and places of employment within the State of Arizona.[i] The term “public place” refers to all enclosed area to which the public is invited or in which the public is permitted. These include airports, banks, bars, common areas of apartment buildings, condominiums or other multifamily housing facilities, educational facilities, entertainment facilities or venues, healthcare facilities, hotel and motel common areas, laundromats, public transportation facilities, reception areas, restaurants, retail food production, marketing establishments, retail service establishments, retail stores, shopping malls, sports facilities, theaters, and waiting rooms. A private residence is generally not considered as a “public place” unless it is used as a child care, adult day care, or health care facility.[ii]
“Places of employment” means an enclosed area under the control of a public or private employer that employees normally frequent during the course of employment. These include office buildings, work areas, auditoriums, employee lounges, restrooms, conference rooms, meeting rooms, classrooms, cafeterias, hallways, stairs, elevators, health care facilities, and private offices. It also includes vehicles owned and operated by the employer during working hours when the vehicle is occupied by more than one person. A private residence is not a “place of employment” unless it is used as a child care, adult day care, or health care facility.[iii]
The owner, manager, operator or employee of a place where smoking is regulated should inform the person who is smoking in such a place that smoking is illegal and request the person to stop smoking immediately.[iv]
The laws of Arizona generally prohibit smoking in places of employment. The employer should communicate the rules prohibiting smoking in places of employment to all existing employees and to all prospective employees upon their application for employment.[v]
The employer is also not allowed to discharge or retaliate against an employee because that employee exercises any of the rights relating to smoking given by the law or reports or attempts to prosecute a violation of the regulation regarding smoking.[vi]
Some places are exempted from the regulations regarding smoking. These include private residences, except when used as a licensed child care, adult day care, or health care facility, hotel and motel rooms that are rented to guests and are designated as smoking rooms. Even in such cases, not more than fifty percent of rooms rented to guests in a hotel or motel should be designated as smoking rooms. Smoking is permitted in retail tobacco stores that are physically separated so that smoke from retail tobacco stores does not infiltrate into areas where smoking is prohibited and also in veterans and fraternal clubs when they are not open to the general public.
Smoking is permitted when it is associated with a religious ceremony practiced pursuant to the American Indian Religious Freedom Act of 1978. It is also permitted in outdoor patios so long as tobacco smoke does not enter areas where smoking is prohibited either through entrances, windows, ventilation systems, or other means.
Smoking is permitted during an on stage theatrical performance or during the course of a film or television production if the smoking is part of the performance or production.[vii]
However, the owner, operator, manager, or other person or entity in control of an establishment, facility, or outdoor area can declare the entire place as a nonsmoking area.[viii]
A “No smoking” signs or the international “no smoking” symbol should be clearly and conspicuously posted by the owner, operator, manager, or other person in control of the place that identifies areas where smoking is prohibited and where complaints regarding violations may be registered. Such signs shall be posted at the entrance of the building or structure. The person in charge of the place shall also remove all ashtrays from any area where smoking is prohibited.[ix]
The department of health services can design and implement programs to educate the public regarding the rules relating to smoking prohibition. In case of violation of the law by a person, the department can impose a civil penalty of not less than $ 100, but not more than $ 500 for each violation. In considering whether to impose a fine and in deciding the amount of the fine, the department should consider whether the person has been cited previously and what efforts the person has taken to prevent or cure the violation. Each day that a violation occurs constitutes a separate violation.
The director of the department of health services can issue a notice to the violator that includes the proposed amount of the civil penalty assessment. This can be appealed against by the violator by requesting a hearing. In case of such an appeal, the director shall not proceed further with the assessment until the hearing process is complete. The director shall impose a civil penalty only for those days on which the violation has been documented by the department.[x]
If the violator does not pay the civil penalty imposed on him, the attorney general or a county attorney shall file an action to collect the civil penalty in a justice court or the superior court in the county in which the violation occurred.
The department of health service may also apply for injunctive relief to enforce the provisions in the superior court in the county in which the violation occurred. The court may impose appropriate injunctive relief and impose a penalty of not less than $ 100 but not more than $ 500 for each violation. Each day that a violation occurs constitutes a separate violation. If the superior court finds the violations are willful or evidence a pattern of noncompliance, the court may impose a fine up to $ 5000 per violation.[xi]
A person who smokes in a place where smoking is prohibited is guilty of a petty offense with a fine of not less than fifty dollars and not more than three hundred dollars.[xii]
[i] A.R.S. § 36-601.01
[ii] A.R.S. § 36-601.01
[iii] A.R.S. § 36-601.01
[iv] A.R.S. § 36-601.01
[v] A.R.S. § 36-601.01
[vi] A.R.S. § 36-601.01
[vii] A.R.S. § 36-601.01
[viii] A.R.S. § 36-601.01
[ix] A.R.S. § 36-601.01
[x] A.R.S. § 36-601.01
[xi] A.R.S. § 36-601.01
[xii] A.R.S. § 36-601.01