Click on a question below to learn more.
1. Why the law?
2. Is secondhand smoke really that dangerous?
3. Which businesses are covered by the smoke-free law?
4. Which businesses are exempted from the law?
5. Do ski resorts on private land have to follow the law?
6. Can employees smoke in a designated break room or smoking office?
7. Is smoking allowed in private clubs or membership associations (i.e. VFW, country clubs, Elks, etc.)?
8. What should a business owner, manager or employee do if someone smokes inside their establishment or outside the main entryway?
9. What happens to businesses or individuals who break the law and how can a violation be reported?
10. Where do proceeds from the fines go?
11. Are businesses required to post no smoking signs?
12. What materials are available to businesses to educate employees and customers about the smoke-free law?
The Colorado legislature passed the law to preserve and improve the health, comfort and environment of the people of the state by limiting exposure to secondhand smoke.
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.
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.
According to the law, the retail floor plan of casinos, cigar-tobacco bars, limousines under private hire, up to 25 percent of rented hotel or motel rooms, the smoking lounges at Denver International Airport, 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.
As defined by the law, any indoor areas open to the public, as well as places of employment, are required to be smoke-free unless specifically exempted. A 15-foot radius (unless defined differently by a local law) of the main entryway of such facilities is also required to be smoke-free.
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 restaurants and bars 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.
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.
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.
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 order form 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 beginning June 5, 2006. Free signs can be ordered online or simply download the order form and send requests by fax. Download the order form.