Alaska Statutes: AS 18.35.301. Prohibition of Smoking.

Alaska Statutes. Title 18. Health, Safety, Housing, Human Rights, and Public Defender Chapter 35. Public Accommodations and Facilities Section 301. Prohibition of Smoking.

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AS 18.35.301. Prohibition of Smoking.

   (a) An individual may not smoke in any form is a nuisance and an enclosed area in a public place, including an enclosed area
        (1) at an entertainment venue or a sports arena;
        (2) on a bus, in a taxicab, on a ferry, or in another vehicle used for public transportation;
        (3) at a public transit depot, bus shelter, airport terminal, or other public transportation facility;
        (4) at a retail store or shopping center;
        (5) at a place of government or public assembly located on property that is owned or operated by the state, a municipality, or a regional educational attendance area, or by an agent of the state, a municipality, or a regional educational attendance area.
   (b) An individual may not smoke in an enclosed area
        (1) in an office building, office, hotel, motel, restaurant, bar, retail store, or shopping center;
        (2) in a common area in an apartment building or multiple-family dwelling;
        (3) in a place of employment, including a vehicle;
        (4) at a public or private educational facility;
        (5) at a health care facility, including residential units in the health care facility;
        (6) in a building or residence that is used to provide paid child care, whether or not children are present in the building or residence, or care for adults on a fee-for-service basis; however, nothing in this paragraph is intended to prohibit an individual from smoking in a private residence that is in a building where another residence provides paid child care or care for adults;
        (7) on a vessel operating as a shore-based fisheries business under AS 43.75.
   (c) An individual may not smoke outdoors
        (1) within 10 feet of playground equipment located at a public or private school or a state or municipal park while children are present;
        (2) in a seating area for an outdoor arena, stadium, or amphitheater;
        (3) at a place of employment or health care facility that has declared the entire campus or outside grounds or property to be smoke-free;
        (4) within
             (A) 10 feet of an entrance to a bar or restaurant that serves alcoholic beverages;
             (B) 20 feet of an entrance, open window, or heating or ventilation system air intake vent at an enclosed area at a place where smoking is prohibited under this section; or
             (C) a reasonable distance, as determined by the owner or operator, of an entrance, open window, or heating or ventilation system air intake vent of
                  (i) a vessel covered by this section; or
                  (ii) a long term care facility as defined in AS 44.25.390.
   (d) Notwithstanding (a) and (b) of this section, unless the owner or operator prohibits it, an individual may smoke at a retail tobacco or e-cigarette store that
        (1) is in a building that
             (A) is freestanding; or
             (B) if it is attached to another business or building,
                  (i) has a separate entrance;
                  (ii) is separated from the other business or building in a manner that does not allow e-cigarette vapor or aerosol to travel into the other business or building;
                  (iii) the other business or building does not serve as a residence, child care facility, facility providing care for adults on a fee-for-service basis, school, or health care facility; and
                  (iv) smoking is limited to the use of an e-cigarette;
        (2) is not
             (A) a business that is licensed under AS 04.11 to serve alcoholic beverages at an outdoor location;
             (B) a business that is licensed under AS 05.15 to sell pull-tabs; or
             (C) a retail store that is within an indoor public place or workplace.
   (e) Notwithstanding (a) and (b) of this section, smoking may be permitted in a separate enclosed smoking area located in a terminal for international passengers who are in transit in a state-owned and state-operated international airport and who are restricted by federal law from leaving the airport, if the smoking area is vented directly to an outdoor area that is not an area where smoking is prohibited under (c) of this section.
   (f) Notwithstanding (b) of this section, unless the owner or operator prohibits it, an individual may smoke
        (1) in a vehicle that is a place of employment when the vehicle is used exclusively by one person;
        (2) on a vessel when the vessel is engaged in commercial fishing or sport charter fishing.
   (g) Notwithstanding (a) and (b) of this section, an individual may smoke at
        (1) a private club if the private club
             (A) has been in continuous operation at the same location since January 1, 2017;
             (B) is not licensed to serve alcoholic beverages; and
             (C) is not a place of employment;
        (2) an e-cigarette store if the e-cigarette store has been in continuous operation at the same location since January 1, 2017.
   (h) Nothing in this section prohibits an individual from smoking
        (1) at a private residence, except a private residence described in (b) of this section or while a health care provider is present;
        (2) in a stand-alone shelter if the stand-alone shelter meets the following requirements:
             (A) food or drink may not be sold or served in the stand-alone shelter; and
             (B) the stand-alone shelter meets the minimum distance requirements of (c) of this section; or
        (3) in an establishment licensed under AS 17.38 that is freestanding if the smoking is in accordance with regulations adopted by the Marijuana Control Board created under AS 17.38.080.
   (i) In this section,
        (1) “freestanding” means a building that is not supported by another structure and does not share ventilation or internal air space with an adjoining structure and smoke from the building cannot travel into the adjoining structure;
        (2) “health care provider” has the meaning given in AS 09.65.300;
        (3) “private club” means an organization, legal entity, or informal association of persons that
             (A) is the owner, lessee, or occupant of a building or portion of a building used exclusively for club purposes at all times;
             (B) is operated solely for a recreational, fraternal, social, patriotic, political, benevolent, or athletic purpose; and
             (C) has been granted exemption from the payment of federal income tax as a club under 26 U.S.C. 501;
        (4) “retail tobacco or e-cigarette store”
             (A) means a store
                  (i) that primarily sells cigarettes, e-cigarettes, cigars, tobacco and products containing tobacco, and pipes and other smoking or e-cigarette accessories;
                  (ii) in which the sale of other products is incidental; and
                  (iii) that derives at least 90 percent of its gross revenue from the sale of cigarettes, e-cigarettes, cigars, tobacco and products containing tobacco, and pipes and other smoking or e-cigarette accessories;
             (B) does not include
                  (i) a tobacco or e-cigarette department or section of a business that does not meet the criteria in (A) of this paragraph; or
                  (ii) a business that is also a restaurant or grocery store.

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