Smoke Free Arizona

Updated on 4/4/2008

Substantive Policy Statement #SP-087-PHS-EDC: Bars and Restaurants are not Retail Tobacco Stores. The purpose of this substantive policy statement is to notify the public of the Arizona Department of Health Services’ interpretation of the term “retail store” used in A.R.S. § 36-601.01(9), the Department’s interpretation of the term “retail tobacco store” defined in A.R.S. § 36-601.01(10), and the Department’s determination that a “bar” or a “restaurant” as listed in A.R.S. § 36-601.01(9) cannot be either a “retail store” or a “retail tobacco store” under the Smoke-Free Arizona Act. Similarly, an establishment that uses the “retail tobacco store” exception of the Act to permit indoor smoking cannot also be a “bar” or a “restaurant” under the Act.

Overview

Smoking is no longer allowed in most enclosed public places and places of employment including (but not limited to):

Restaurants, bars, grocery stores, or any establishment that serves food
Employee lounges, training rooms, and private offices in your bar or restaurant
Company-owned or employer-owned vehicles when operated during working hours if the vehicle is occupied by more than one person
Enclosed common areas such as restrooms, hallways, event rooms, stairways, or elevators in your establishment
Tribes are Sovereign Nations. The Smoke-Free Arizona Act does not apply to businesses located on Indian reservations.
Local units of government may enact ordinances that are more restrictive than the Smoke-Free Arizona Act. Local ordinances, if more stringent, remain in effect after the implementation of the Smoke-Free Arizona Act.
Click here to view a complete list of exemptions.

For more information, contact …

The Smoke-Free Arizona Program

Call at 1-877-AZSTOPS (1-877-297-8677)
Email at smokefreearizona@azdhs.gov
By mail at:

Arizona Department of Health Services
Office of Environmental Health
Smoke-Free Arizona Program
150 N. 18th Ave, Suite 430
Phoenix, AZ 85007-3247

Smoking is allowed on the outdoor patio of your bar or restaurant. Before modifying or building a new outdoor smoking patio, you should consider contacting the county health department, the Department of Liquor Licenses and Control, the local building department, and any other applicable authorities.

Outdoor Patios and the 20 Foot Rule

If your outdoor patio is less than 20 feet from any entrance into your establishment, as a proprietor you may permit smoking on the outdoor patio only if you use a method that:

Provides a smoke-free entrance into the establishment
Does not permit tobacco smoke to drift into the establishment through entrances, open windows, ventilation systems, or other means

For more information regarding outdoor patios, call 1-877-AZ STOPS, or contact your county health department. To view the Frequently Asked Questions for Bars and Restaurants, click here.

Reporting Violations

The public is encouraged to report businesses that are not in compliance with the Smoke-Free Arizona Act to the Arizona Department of Health Services. Complainants may choose to remain anonymous. County health departments are in charge of investigating complaints about violations of the Smoke-Free Arizona Act. The county health department will notify the business owner about the complaint, and/or conduct an inspection within 15 days after receipt of the complaint.

Complaints may be reported to the Arizona Department of Health Services by:

Submitting an online complaint
Sending an e-mail
Calling the toll-free number
1-877-4-AZNOSMOKE
(1-877-429-6676)

Penalties

If a violation is found, the owner will receive a warning notice and is subject to fines between $100 to $500 per violation per day or up to $5,000 per violation per day if a Superior Court determines there is a pattern of noncompliance. An individual who smokes where prohibited is guilty of a petty offense and may be fined between $50 to $300.

What You Need to do to Comply with the Law

Remove all indoor ashtrays and smoking receptacles
Move all outdoor ashtrays and smoking receptacles at least 20 feet away from entrances
Post the required “No Smoking” signs at every entrance into your establishment, available free of charge click here
Inform your employees about the new Law
Prohibit anyone such as employees, vendors, and customers from smoking within 20 feet if all entrances and inside your place of business

Tips for Going Smoke Free

Inform your employees about the new Law. Some effective ways to communicate with your employees are listed below:

Discuss the Law or distribute a memo to staff explaining the Law
Add a "No Smoking" policy to employee manual
Explain that the Law doesn’t prohibit smoking; it protects the health of employees and customers
Distribute information about the Law as a paycheck insert

Prohibit anyone such as employees, vendors, and customers from smoking within 20 feet of all entrances and inside your place of business.
Provide assistance to your employees who want to quit:

Inform employees of any cessation benefits available through your company health plan
Arizona offers some excellent and effective resources free of charge to all Arizonans who want to quit smoking: The Arizona Smokers' Helpline is a toll free number that provides phone counseling, information about free quit tobacco program in your area and help with reduced cost medication. The number is 1-800-556-6222.

The ASHLine web site, www.ashline.org, provides expert advice on quitting strategies for smokers, advice for non-smokers who are supporting someone trying to quit, and tips for healthcare providers. The web site also provides free fact sheets, and links to local tobacco cessation projects.

Videos About Smoke-Free Establishments

To view educational videos about bars and restaurants with a smoke-free environment click here.

To make this transition as easy as possible for your customers and employees, it’s important to effectively communicate information about the new Law and your establishment’s responsibility in complying with the Law. The better you know and understand the Law, the easier it will be for your employees to explain the law to your customers. Here are some helpful tips you can share with your employees:

Be understanding of your customer’s desire to smoke and politely inform him or her about any designated smoking areas near the building
Emphasize that it is the establishment’s responsibility to comply with the Law, and by not complying with the Law, the establishment or individual can be fined.
Focus your discussion with employees and customers on the health benefits of going smoke-free instead of focusing on the smokers themselves
Secondhand smoke has been proven to cause lung cancer and heart disease and has been linked to asthma and other serious respiratory problems
Secondhand smoke contains more than 60 cancer-causing compounds
Working a shift in a smoky restaurant or bar is equivalent to actively smoking nearly a pack of cigarettes
A person standing two feet away from a burning cigarette may inhale 10 times the cancer-causing chemicals than the person actually smoking the cigarette because the smoke inhaled by the active smoker is filtered while the smoke inhaled by the non-smoking bystander is not.

Handling Problems

If customers complain about the smoke-free law, listen to what they have to say. Explain that the purpose of the Law isn’t to keep them from smoking. It’s to protect the health of the employees and other customers. Make sure they understand that you still want them as customers. Inform violators when they are smoking in a non-smoking area by politely requesting that they put it out or that they go outside and at least 20 feet away from the entrance to smoke. Thank them for respecting and supporting the new Law.

To view the rules click here.