The Below was taken from The Landlord Times.com
Complying with the Smoke Free Arizona Law
The Smoke Free Arizona Act that went into effect in 2007 prohibits smoking in public places, including the common areas of apartment buildings, condominiums and other multi-family housing facilities. This article will examine compliance of the law.
DEFINITION OF PUBLIC PLACEA “public place” is any enclosed area to which the public is invited or in which the public is permitted, including airports, banks, bars, common areas of apartment buildings, condominiums or other multi-family housing facilities, educational facilities, entertainment facilities or venues, health care facilities, hotel and motel common areas, laundromats, public transportation facilities, reception areas, restaurants, retail food production and marketing establishments, retail stores, shopping malls, sports facilities, theaters and waiting rooms. Therefore, common areas generally include the clubhouse, laundry room, exercise room, lobby and the reception areas.Now, let’s examine what constitutes “smoking.” “Smoking” means inhaling, exhaling, burning or carrying or possessing any lighted tobacco product, including cigars, cigarettes, pipe tobacco and any other lighted tobacco product.The Smoke Free Arizona Act requires property owners, operators, managers or other individuals in control of identifying public places to clearly and conspicuously post “No Smoking” signs or the international “no smoking” symbol in the following locations:
• Locations identified as public places where smoking is prohibited by the statute and where individuals may register complaints regarding violations.
• Every entrance to public places and places of employment that prohibit smoking.
Additionally, properties must remove all ashtrays from any area where smoking is prohibited.It is the legal duty of owners, managers and operators in control of a public or employment place to inform any person who is smoking in violation of the law that smoking is illegal and request that the illegal smoking immediately stop. Failure to inform the individual of the violation can expose them to criminal liability for non-compliance. In fact, the criminal liability for a violation by an owner, manager or operator carries a fine of not less than $100 and not more than $500.On the other hand, an owner, operator, manager or other person or entity in control of an establishment, facility or outdoor area may also declare that the entire establishment, facility or outdoor area is a non-smoking location. This option would reduce the policing necessary to ensure that your patrons and guests are in compliance with the smoke-free zones.Useful information on Smoke Free Arizona, including frequently asked questions and how to order free signs, is available at http://www.smokefreearizona.org/ or 1-877-AZ STOPS/ 1-877-297-8677.
Matt Koglmeier and Denny DobbinsAttorneys at Law480-962-5353
