Frequently Asked Questions

Why the law?
The Colorado legislature passed the Colorado Clean Indoor Air Act and its subsequent amendments to preserve and improve the health, comfort and environment of the people of the state by limiting exposure to secondhand smoke.
Is secondhand smoke really that dangerous?
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 4,000 chemicals, over 60 of which are known to cause cancer, according to the Journal of the American Medical Association. According to the 2006 Surgeon General’s Report eliminating smoking in indoor spaces fully protects nonsmokers from exposure to secondhand smoke. Separating smokers from nonsmokers, cleaning the air, and ventilating buildings cannot eliminate exposures of nonsmokers to secondhand smoke. The scientific evidence indicates that there is no risk-free level of exposure to secondhand smoke.
Which businesses are covered by the smoke-free law?
The law applies to most indoor areas open to the public and most places of employment, including restaurants, bars, gaming facilities such as bingo halls, pool halls, bowling alleys, taxicabs, schools, and child day care and health care facilities, among others. In general, most businesses are required to be smoke-free. As of January 1, 2008, casinos are required to be smoke-free.
Which businesses are exempted from the law?
According to the law, cigar-tobacco bars, limousines under private hire, up to 25 percent of rented hotel or motel rooms, the smoking lounges at Denver International Airport, areas of assisted living facilities that are designated for residents that are fully enclosed and ventilated and to which access is restricted to the residents or their guests, employers with three or fewer employees who do not allow public access and private non-residential buildings on a farm or a ranch that have an annual gross income of less than $500,000 are not required to be smoke-free.
What about casinos?
As of January 1, 2008, casinos are legally required to be smoke-free as well.
Which businesses qualify as cigar-tobacco bars?
The law defines a “bar” as any indoor area that is operated and licensed under Article 47 of Title 12, C.R.S., primarily for the sale and service of alcohol beverages for on-premises consumption and where the service of food is secondary to the consumption of such beverages. To meet the definition of a cigar-tobacco bar, a business must have generated at least five percent or more of its total annual gross income or 50-thousand dollars in annual sales from the on-site sale of tobacco products and the rental of on-site humidors in the calendar year ending December 31, 2005. This does not include sales from vending machines. If, for any calendar year after December 31, 2005, a business fails to meet these requirements, the establishment will no longer be exempt from the smoke-free law.
What about assisted living facilities?
An amendment to the law exempts areas of assisted living facilities that are designated for residents that are fully enclosed and ventilated and to which access is restricted to the residents or their guests. "Assisted living residence" or "residence" means a residential facility that makes available to three or more adults not related to the owner of such facility, either directly or indirectly through an agreement with the resident, room and board and at least the following services: Personal services; protective oversight; social care due to impaired capacity to live independently; and regular supervision that shall be available on a twenty-four-hour basis, but not to the extent that regular twenty-four-hour medical or nursing care is required. The term "assisted living residence" does not include any facility licensed in this state as a residential care facility for individuals with developmental disabilities, or any individual residential support services that are excluded from licensure requirements pursuant to rules adopted by the department of public health and environment.
What’s wrong with smoking and non-smoking sections at restaurants?
Smoke travels from smoking sections into non-smoking sections exposing everyone to secondhand smoke. The law is designed to protect employees and customers from the serious health risks associated with secondhand smoke.
Is smoking allowed on patios?
Under the law smoking is allowed outside, though not within 15 feet from an establishment’s main entryway (unless defined differently by a local law).
Is smoking allowed in private residences?
Yes, smoking is allowed in private residences, homes and automobiles unless they are being used for child day care.
Does the exemption for an “airport smoking concession” apply only to Denver International Airport?
Yes. The law defines an “airport smoking concession” as a bar or restaurant, or both, in a public airport with regularly scheduled domestic and international commercial flights, in which bar or restaurant smoking is allowed in a fully enclosed and independently ventilated area. DIA is the only Colorado airport that meets this definition.
Can people smoke in common areas such as laundry rooms and meeting areas within a condominium or multi-unit housing facility?
No, the law prohibits smoking in restrooms, lobbies, hallways and other common areas in public and private buildings, condominiums, and other multi-unit residential facilities, except for areas of assisted living facilities that are designated for smoking that are fully enclosed and ventilated and to which access is restricted to the residents or their guests.
Can employees smoke in a designated break room or smoking office?
According to the law, all indoor areas of workplaces covered by the law must be smoke-free.
Is smoking allowed in private clubs or membership associations (i.e. VFW, country clubs, Elks, etc.)?
The law requires any place of employment to be smoke-free with the exception of a place of employment that is not open to the public and that employs three or fewer employees. As defined in the law, "employee means any person who performs any type of work for benefit of another in consideration of direct or indirect wages or profit or provides uncompensated work (volunteer) or service to a business or nonprofit entity."
What should a business owner, manager or employee do if someone smokes inside their establishment or outside the main entryway?
Politely inform the individual that the smoke-free law prohibits smoking in the establishment and within 15 feet (unless defined differently by a local law) from the main entryway. Emphasize that it is the establishment’s responsibility to comply with the law, otherwise the establishment can be fined. If the violation continues, contact the local law enforcement agency by calling their non-emergency telephone number.
What happens to businesses or individuals who break the law and how can a violation be reported?
As defined by the law, violators are subject to a $200 fine for the first violation, a $300 fine for the second violation and a $500 fine for every violation each day thereafter within a calendar year. A violation can be reported by calling the non-emergency number of the local law enforcement agency. It can be helpful to have the date, approximate time and place where the violation occurred, a description of what happened and your contact information available in the event additional details are needed.
Where do proceeds from the fines go?
According to the law, 75 percent of any fine for a violation occurring within the corporate limits of a municipality will be transmitted to the treasurer or chief financial officer of the municipality. The remaining 25 percent will be transmitted to the state treasurer who will credit the general fund.

For a violation occurring outside the corporate limits of a city or town, seventy-five percent of any fine for a violation shall be transmitted to the treasurer of the county in which the city or town is located, and the remaining twenty-five percent shall be transmitted to the state treasurer, who shall credit the same to the general fund.
Are businesses required to post no smoking signs?
No, businesses are not required to post no smoking signs. However, signs are recommended to increase compliance with the law. Businesses can order free signs online or simply download the Materials Order Form (available in the Helpful Downloads section) and send requests by fax.
What materials are available to businesses to educate employees and customers about the smoke-free law?
Smoke-free signs, window decals and educational brochures in English and Spanish are available free of charge. Simply download the Materials Order Form or Casino Materials Order Form (available in the Helpful Downloads section) and send requests by fax.
Do other states have similar smoke-free laws?
Yes. There are now 17 states, along with Puerto Rico, that have similar smoke-free laws. States include: Arizona, California, Connecticut, Delaware, Hawaii, Maine, Massachusetts, Montana, New Jersey, New Mexico, New York, Ohio, Rhode Island, Utah, Vermont and Washington.
Who should I contact if I have other questions?
If you have additional questions regarding the law, please contact your Local Health Department. For a list of Local Health Departments and their phone numbers, click here.

Our Partners

Several Colorado organizations have worked together to develop resources to help educate the public, restaurants and bars and other businesses about the smoke-free law. For more information about these organizations, click on the logos below.

Helpful Downloads

Several materials have been developed to help people better understand the smoke-free law. Simply click on the following selections to download and/or print: