Common Questions About Colorado's Smoke-Free Law

What is the purpose of the law?
Colorado lawmakers adopted the Colorado Clean Indoor Air Act, along with later amendments, to safeguard and enhance the health, comfort and surroundings of residents by reducing their exposure to secondhand smoke.
How dangerous is secondhand smoke?
Secondhand smoke is known to cause lung cancer and heart disease and has been tied to asthma and other serious breathing problems. It contains more than 4,000 chemicals, over 60 of which are known carcinogens, according to the Journal of the American Medical Association. The 2006 Surgeon General’s Report found that making indoor spaces completely smoke-free fully protects nonsmokers from secondhand smoke. Separating smokers from nonsmokers, purifying the air or ventilating buildings cannot remove nonsmokers’ exposure. Scientific evidence shows there is no safe 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 will be required to be smoke-free.
Which businesses are exempt from the law?
Under the law, the following are not required to be smoke-free: casinos, cigar-tobacco bars, privately hired limousines, up to 25 percent of rented hotel or motel rooms, the smoking lounges at Denver International Airport, designated areas of assisted living facilities that are fully enclosed and ventilated with access limited to residents or their guests, employers with three or fewer employees that do not allow public access, and private non-residential buildings on a farm or ranch with annual gross income under $500,000. However, starting January 1, 2008, casinos will lose this exemption and must be smoke-free.
What about casinos?
The retail floor plan of casinos will only be exempt from the law until January 1, 2008. As of January 1, 2008, casinos will be legally required to be smoke-free as well.
What makes a business a cigar-tobacco bar?
The law defines a “bar” as any indoor area operated and licensed under Article 47 of Title 12, C.R.S., primarily for selling and serving alcoholic beverages for on-premises consumption, where food service is secondary to those beverages. To qualify as a cigar-tobacco bar, a business must have earned at least five percent of its total annual gross income, or $50,000 in annual sales, from on-site tobacco product sales and on-site humidor rentals during the calendar year ending December 31, 2005. Vending machine sales do not count. If a business fails to meet these requirements in any calendar year after December 31, 2005, it 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.
Why aren't smoking and non-smoking sections enough in restaurants?
Smoke drifts from smoking areas into non-smoking areas, exposing everyone to secondhand smoke. The law aims to shield employees and customers from the serious health risks linked to secondhand smoke.
Can people smoke on patios?
The law permits smoking outdoors, but not within 15 feet of an establishment's main entryway, unless a local law defines it differently.
Can people smoke in private residences?
Yes, smoking is permitted in private residences, homes and automobiles, unless they are used for child day care.
Is the “airport smoking concession” exemption limited to Denver International Airport?
Yes. The law defines an “airport smoking concession” as a bar, restaurant or both in a public airport with regularly scheduled domestic and international commercial flights, where smoking is allowed in a fully enclosed and independently ventilated area. DIA is the only Colorado airport that fits this definition.
Is smoking allowed in common areas like laundry rooms and meeting spaces in condos or multi-unit housing?
No. The law bans smoking in restrooms, lobbies, hallways and other common areas of public and private buildings, condominiums and other multi-unit residential facilities. The exception is designated smoking areas of assisted living facilities that are fully enclosed and ventilated and accessible only to residents or their guests.
May employees smoke in a designated break room or smoking office?
Under the law, every indoor area of a covered workplace must be smoke-free.
Can people smoke in private clubs or membership associations (VFW, country clubs, Elks, etc.)?
The law requires every place of employment to be smoke-free, except a workplace that is not open to the public and has three or fewer employees. As the law defines it, "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 an owner, manager or employee do if someone smokes inside the establishment or outside the main entryway?
Politely let the person know that the smoke-free law bans smoking inside the establishment and within 15 feet of the main entryway, unless a local law defines it differently. Stress that complying with the law is the establishment's responsibility and that failing to do so can result in a fine. If the violation continues, call the local law enforcement agency's non-emergency number.
What are the penalties for breaking the law, and how can a violation be reported?
Under the law, violators face a $200 fine for a first violation, $300 for a second, and $500 for each violation on every day after that within a calendar year. To report a violation, call the non-emergency number of the local law enforcement agency. It helps to have the date, approximate time and location of the violation, a description of what happened, and your contact information in case more details are needed.
Where does the money from fines go?
Under the law, 75 percent of a fine for a violation inside a municipality's corporate limits goes to the municipality's treasurer or chief financial officer. The remaining 25 percent goes to the state treasurer, who credits the general fund.

For a violation outside a city or town's corporate limits, 75 percent of the fine goes to the treasurer of the county where the city or town is located, and the remaining 25 percent goes to the state treasurer, who credits it to the general fund.
Must businesses post no smoking signs?
No, posting no smoking signs is not required. Signs are recommended, though, because they help improve compliance with the law. Businesses can order free signs online or download the Materials Order Form (found in the Helpful Downloads section) and submit requests by fax.
What materials can businesses use to educate employees and customers about the smoke-free law?
Smoke-free signs, window decals and educational brochures in English and Spanish are available at no cost. Free signs can be ordered online or by downloading the Materials Order Form (found in the Helpful Downloads section) and sending 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

A range of materials has been created to help people better understand the smoke-free law. Additional materials on the casino law are coming soon. Just click any of the selections below to download and/or print them: