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Smoking Regulations in Kansas

The Kansas Statutes contains provisions that prohibit smoking in public places. Public place includes enclosed indoor areas open to the public or used by the general public including Banks, bars, food service establishments, retail service establishments, retail stores, public means of mass transportation, passenger elevators, health care institutions or any other place where health care services are provided to the public, medical care facilities, educational facilities, libraries, courtrooms, public buildings, restrooms, grocery stores, school buses, museums, theaters, auditoriums, arenas and recreational facilities.[i]

Smoking is allowed in public places or at public meetings only in designated smoking areas. It shall be unlawful, with no requirement of a culpable mental state, to smoke in an enclosed area or at a public meeting including, but not limited to, public places, taxicabs and limousines,restrooms, lobbies, hallways and other common areas in public and private buildings, condominiums and other multiple-residential facilities, restrooms, lobbies and other common areas in hotels and motels and in at least 80% of the sleeping quarters within a hotel or motel that may be rented to guests, access points of all buildings and facilities not exempted pursuant to subsection, and any place of employment. Each employer having a place of employment that is an enclosed area shall provide a smoke-free workplace for all employees. Such employer shall also adopt and maintain a written smoking policy which shall prohibit smoking without exception in all areas of the place of employment. Such policy shall be communicated to all current employees within one week of its adoption and shall be communicated to all new employees upon hiring. Each employer shall provide a written copy of the smoking policy upon request to any current or prospective employee. However, these provisions shall not apply to out door area of any building or facility beyond the entrances of such building or facility. Smoking is also permitted in privet homes or residences, as long as the home or residence is not used as a day care, hotel or motel rooms rented to one or more guests if the total percentage of such hotel or motel rooms in such hotel or motel does not exceed 20%, a gaming floor of a lottery gaming facility or racetrack gaming facility. Smoking may be permitted in an adult care home and a long term care unit of a medical care facility that is expressly designated as a smoking area by the proprietor or other person in charge of such adult care home and is fully enclosed and ventilated, tobacco shops, a class A or class B club, a private club in designated areas where minors are prohibited.[ii]

The law of Kansas requires posting smoking prohibited signs and designated smoking area signs at the relevant spots in public places.[iii]  Any person who smokes in a non smoking area shall be guilty of a cigarette or tobacco infraction punishable by a fine, not to exceed $100 for the first violation, not exceeding $200 for a second violation within a one year period after the first violation, and not exceeding $500 for a third or subsequent violation within a one year period after the first violation. [iv]

Smoking in the state capitol is prohibited.  Persons are prohibited from smoking in any area, room, hallway, or other place in the state capitol and no area of the state capitol is established as a designated smoking.[v]

Smoking in a medical care facility is also prohibited but smoking area may be established within a licensed long-term care unit of a medical care facility if such smoking area is well-ventilated. The chief administrative officer of each medical care facility is also required to post signs stating that smoking in the medical care facility is prohibited by state law.  Person violating this provision is guilty of a misdemeanor and is punishable by a fine of not more than $ 20 for each violation.  Any person found guilty of failing to post signs as required, is guilty of a misdemeanor punishable by a fine of not more than $ 50.  In addition, the department of health and environment, or local department of health, may institute an action in any court of competent jurisdiction to enjoin repeated violations.[vi]

As per the Administrative regulations in Kansas, a covered entity may also prohibit or impose restrictions on smoking in places of employment.[vii]

[i] K.S.A. § 21-6109

[ii] K.S.A. § 21-6110

[iii] K.S.A. § 21-6111

[iv] K.S.A. § 21-6112

[v] K.S.A. § 21-4016

[vi] K.S.A. § 21-4017

[vii] K.A.R. § 21-34-12

Inside Smoking Regulations in Kansas