Smoke-Free Law FAQ for Colorado Restaurants & Bars

Select any question below to read the answer.

1. Why the law?
2. Is secondhand smoke really that dangerous?
3. Are businesses other than restaurants and bars required to be smoke-free?
4. Which businesses are exempted from the law?
5. Which businesses qualify as cigar-tobacco bars?
6. What’s wrong with smoking and non-smoking sections at restaurants?
7. Is smoking allowed on patios?
8. Can employees smoke in a designated break room or smoking office?
9. What should a restaurant or bar owner, manager or employee do if a customer smokes inside their establishment or outside the main entryway?
10. What happens to businesses or individuals who break the law and how can a violation be reported?
11. Where do proceeds from the fines go?
12. Are businesses required to post no smoking signs?
13. What materials are available to restaurants and bars to educate employees and patrons about the smoke-free law?

What is the reason for the law?

Colorado lawmakers enacted the law to protect and enhance the health, comfort and environment of residents by reducing exposure to secondhand smoke.

Is secondhand smoke truly that harmful?

Research shows secondhand smoke causes lung cancer and heart disease and is associated with asthma and other serious breathing problems. According to the Journal of the American Medical Association, secondhand smoke contains over 4,000 chemicals, more than 60 of which are known carcinogens.

Must businesses beyond restaurants and bars also be smoke-free?

Yes. The law requires most indoor public spaces and most workplaces to be smoke-free, including gaming venues such as bingo halls, pool halls and bowling alleys, as well as taxicabs, schools, child day care and health care facilities, among others. Broadly speaking, most businesses must be smoke-free.

What businesses are exempt from the law?

Under the law, the following are not required to be smoke-free: cigar-tobacco bars, the retail floor area of casinos, privately hired limousines, up to 25 percent of rented hotel or motel rooms, the smoking lounges at Denver International Airport, employers with three or fewer workers who do not allow public access, and private non-residential buildings on a farm or ranch with annual gross income under $500,000.

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 loses its exemption from the smoke-free law.

Why aren’t separate smoking and non-smoking sections enough?

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 specifies otherwise).

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.

What should a restaurant or bar owner, manager or employee do when a customer smokes inside the establishment or outside the main entryway?

Kindly let the person know that the smoke-free law bans smoking in restaurants and bars and within 15 feet of the main entryway (unless a local law specifies otherwise). Stress that the establishment is responsible for complying with the law, or the business or individual may be fined. If the violation persists, call the local law enforcement agency using its non-emergency number.

What are the consequences for businesses or individuals who break the law, and how can a violation be reported?

The law sets fines of $200 for a first violation, $300 for a second violation and $500 for each subsequent violation per day 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 any 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 it to 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 still recommended, however, because they help improve compliance with the law. You can order free signs online or download the order form and submit requests by fax.

What materials can restaurants and bars use to educate employees and patrons about the smoke-free law?

Free smoke-free signs, window decals, table tents and educational brochures in English and Spanish are available starting June 5, 2006. Restaurants and bars that still allow smoking will get these materials by mail before July 1, 2006. Businesses may order extra materials online or download the order form and send requests by fax. Download the order form.