IPCPR Legislative | Restrictions in Arizona

Restrictions in Arizona

arizona

Smoking, Age and Sampling Restrictions in Arizona

Arizona law prohibits smoking: in all public places, including airports, banks, bars, common areas of apartment buildings, condominiums or other multifamily 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 service establishments, retail stores, shopping malls, sports facilities, theaters, and waiting rooms; and places of employment, including office buildings, work areas, auditoriums, employee lounges, restrooms, conference rooms, meeting rooms, classrooms, cafeterias, hallways, stairs, elevators, health care facilities, private offices, and vehicles owned and operated by the employer during working hours when the vehicle is occupied by more than one person.

 

Ariz. Rev. Stat. § 36-601.01(A-B): Smoke-free Arizona act

 

“No smoking” signs or the international “no smoking” symbol (consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a red bar across it) must be clearly and conspicuously posted by the owner, operator, manager, or other person in control of that place identifying where smoking is prohibited by and where complaints regarding violations may be registered.

 

Every public place and place of employment where smoking is prohibited by this section must have posted at every entrance a conspicuous sign clearly stating that smoking is prohibited.

 

All ashtrays must be removed from any area where smoking is prohibited by the Smoke-free Arizona act by the owner, operator, manager, or other person having control of the area.

 

Ariz. Rev. Stat. § 36-601.01(E): Smoke-free Arizona act

 

The Smoke-free Arizona act does not prevent a political subdivision from adopting ordinances or regulations that are more restrictive than the act, nor does it repeal any existing ordinance or regulation that is more restrictive than the act.

 

Ariz. Rev. Stat. § 36-601.01(M): Smoke-free Arizona act

 

Exemptions

 

The following are exempt from the ban on smoking, subject to conditions:

  • Private residences, except when used as a licensed child care, adult day care, or health care facility
  • Designated hotel and motel guest rooms
  • Retail tobacco stores that are physically separated so that smoke from retail tobacco stores does not infiltrate into areas where smoking is prohibited
    • “Retail tobacco store” means a retail store that derives the majority of its sales from tobacco products and accessories.
    • “Physically separated” means all space between a floor and ceiling that is enclosed on all sides by solid walls or windows (exclusive of door or passageway) and independently ventilated from smoke-free areas, so that air within permitted smoking areas does not drift or get vented into smoke-free areas.
    • The proprietor of a retail tobacco store where smoking is permitted and that begins operating after January 1st of a calendar year must complete and submit to the Arizona Department of Health Services, by the retail tobacco store’s first day of operation, an affidavit that contains:
      • The name of the proprietor of the retail tobacco store
      • The name and address of the retail tobacco store
      • A statement that the proprietor of the retail tobacco store has personal knowledge of the facts supporting the affidavit
      • A statement that the retail tobacco store expects to derive at least 51 percent of its gross income during each calendar year from the sale of tobacco products and accessories
      • A statement describing the documents that contain the facts supporting the above statement
      • The signature of the proprietor of the retail tobacco store
      • An Arizona notary’s signature certifying that the proprietor swore to or affirmed the truthfulness of the statements in the affidavit, and
      • The date of the Arizona notary’s signature
    • The proprietor of a retail tobacco store where smoking is permitted and that has been in operation for at least an entire calendar year must complete and submit to the Arizona Department of Health Services, by January 31 of each year, an affidavit that contains:
      • The name of the proprietor of the retail tobacco store
      • The name and address of the retail tobacco store
      • A statement that the proprietor of the retail tobacco store has personal knowledge of the facts supporting the affidavit
      • A statement that the retail tobacco store derived at least 51 percent of its gross income during the previous calendar year from the sale of tobacco products and accessories
      • A statement describing the documents that contain the facts supporting the above statement
      • The signature of the proprietor of the retail tobacco store
      • An Arizona notary’s signature certifying that the proprietor swore to or affirmed the truthfulness of the statements in the affidavit, and
      • The date of the Arizona notary’s signature
    • Veterans and fraternal clubs when they are not open to the general public
    • Smoking when associated with a religious ceremony practiced pursuant to the American Indian religious freedom act of 1978
    • Outdoor patios so long as tobacco smoke does not enter areas where smoking is prohibited through entrances, windows, ventilation systems, or other means
      • A proprietor may designate an area as an outdoor patio where smoking is permitted only if the area:
        • Is a contiguous area of a place of employment or public place
        • Is controlled by the proprietor of the place of employment or public place, and
        • Has:
          • At least one side that consists of:
            • Open space
            • Permeable material
            • A combination of open space and permeable material, or
            • A combination of open space, permeable material, and a non-permeable wall that is not higher than 3.5 feet or the minimum height required by an applicable local ordinance or building code, whichever is greater, or
          • No overhead covering or an overhead covering that consists of:
            • Permeable material, or
            • A combination of open space and permeable material
          • A theatrical performance upon a stage or in the course of a film or television production if the smoking is part of the performance or production

 

Ariz. Rev. Stat. § 36-601.01(A-B): Smoke-free Arizona act
Ariz. Admin. Code R9-2-107: Retail tobacco store
Ariz. Admin. Code R9-2-108: Outdoor patio

 

Arizona law does not contain exemptions from the smoking ban for bars or restaurants.

Individuals under 18 years of age cannot buy, possess, knowingly accept, or receive from any person, or misrepresent his or her age to induce a person to sell, give, or furnish a tobacco product, a vapor product, or any instrument or paraphernalia that is solely designed for the smoking or ingestion of tobacco or shisha, including a hookah or waterpipe. Similarly, it is illegal to knowingly sell, give, or furnish a tobacco product, a vapor product, or any instrument or paraphernalia that is solely designed for the smoking or ingestion of tobacco or shisha, including a hookah or waterpipe, to a minor.

 

Ariz. Rev. Stat. § 13-3622: Furnishing of tobacco product, vapor product or tobacco or shisha instruments or paraphernalia to minor; minor accepting or receiving tobacco product, vapor product or tobacco or shisha instruments or paraphernalia; illegally obtaining tobacco product, vapor product or tobacco or shisha instruments or paraphernalia by underage person; classification; definitions.

 

Industrial Commission staff reported that there are no provisions under the Arizona youth employment statutes that address tobacco sales or tobacco handling and that the minimum age to work in Arizona is 14.

 

Arizona law contains no specific provisions concerning state preemption of local youth access laws, so local communities may pass more stringent laws or ordinances in this area.

Federal regulations prohibit free samples of cigarettes and limit free samples of smokeless tobacco products to certain age-restricted venues under several conditions.

 

Regulations Restricting the Sale, Distribution, and Marketing of Cigarettes, Cigarette Tobacco, and Smokeless Tobacco: Consumer Fact Sheet
http://www.fda.gov/downloads/TobaccoProducts/ProtectingKidsfromTobacco/RegsRestrictingSale/UCM265540.pdf

 

In Arizona, it is illegal for a person to deliver or cause to be delivered to any residence any tobacco products unsolicited by at least one adult who resides at that address.

 

Ariz. Rev. Stat. § 36-798.05: Unsolicited delivery of tobacco products; violation; classification; civil penalties; definitions

 

It is also illegal to knowingly give or furnish a tobacco product, a vapor product, or any instrument or paraphernalia that is solely designed for the smoking or ingestion of tobacco or shisha, including a hookah or waterpipe, to a minor.

 

Ariz. Rev. Stat. § 13-3622: Furnishing of tobacco product, vapor product or tobacco or shisha instruments or paraphernalia to minor; minor accepting or receiving tobacco product, vapor product or tobacco or shisha instruments or paraphernalia; illegally obtaining tobacco product, vapor product or tobacco or shisha instruments or paraphernalia by underage person; classification; definitions

 

Department of Revenue staff reported that distribution of tobacco samples is subject to both tax and licensing requirements. The Department of Revenue released a guidance document regarding a manufacturers’ samples of tobacco products.

 

Ariz. Luxury Tax Notice LTN 15-4

 

Arizona law contains no specific provision concerning state preemption of sampling, so local communities may pass more stringent laws or ordinances on tobacco sampling.

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