IPCPR Legislative | Restrictions in Kansas

Restrictions in Kansas

kansas

Smoking, Age and Sampling Restrictions in Kansas

Kansas law prohibits smoking in enclosed areas or at public meetings, including in: public places such as banks, bars, food service establishments, retail service establishments, retail stores, public means of mass transportation, passenger elevators, health care institutions or any other place where health care services are provided to the public, medical care facilities, educational facilities, libraries, courtrooms, public buildings, restrooms, grocery stores, school buses, museums, theaters, auditoriums, arenas, and recreational facilities; taxicabs and limousines; restrooms, lobbies, hallways, and other common areas in public and private buildings; within a 10-foot radius of any doorway, open window, or air intake leading into a building or facility; and any place of employment, including work areas, auditoriums, elevators, private offices, employee lounges and restrooms, conference and meeting rooms, classrooms, employee cafeterias, stairwells and hallways, that are used by employees during the course of employment.

 

Kan. Stat. Ann. § 21-6110
Kan. Stat. Ann. § 21-6109

 

Kansas law allows cities or counties to regulate smoking within its boundaries, so long as the regulation is at least as stringent as state law.

 

Kan. Stat. Ann. § 21-6114

 

Exemptions

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

  • The outdoor areas of any building or facility beyond the access points of such building or facility;
  • Private homes or residences, except when used as a day care home;
  • Designated hotel guest rooms;
  • The gaming floor of a lottery gaming facility or racetrack gaming facility;
  • Designated smoking areas of adult care homes;
  • Designated smoking areas of licensed long-term care units of medical care facilities;
  • Tobacco shops, defined as any indoor area operated primarily for the retail sale of tobacco, tobacco products, or smoking devices or accessories, and which derives not less than 65% of its gross receipts from the sale of tobacco. Tobacco shops will likely have to obtain a local license to qualify for this exemption;
  • Class A or class B clubs, as defined in Stat. Ann. § 41-2601, that
    • Held a license under Stat. Ann. § 41-2606as of January 1, 2009; and
    • Notified the secretary of health and environment in writing, not later than 90 days after the effective date of this act, that it wished to continue to allow smoking on its premises;
  • Private clubs in designated areas where minors are prohibited; and
  • Any benefit cigar dinner or other cigar dinner of a substantially similar nature that:
    • Is conducted specifically and exclusively for charitable purposes by a nonprofit organization which is exempt from federal income taxation;
    • Is conducted no more than once per calendar year by such organization; and
    • Has been held during each of the previous three years prior to January 1, 2011.

 

Kan. Stat. Ann. § 21-6110

 

Additionally, the following are not considered “enclosed areas:” rooms or areas, enclosed by walls, windows or doorways, having neither a ceiling nor a roof and which are completely open to the elements and weather at all times; and rooms or areas, enclosed by walls, fences, windows or doorways and a roof or ceiling, having openings that are permanently open to the elements and weather and which comprise an area that is at least 30% of the total perimeter wall area of such room or area.

 

Kan. Stat. Ann. § 21-6109

 

Kansas law does not provide a specific application procedure to qualify for exemption from the smoking ban. Localities may have specific requirements.

Individuals under 18 years of age cannot possess, attempt to possess, purchase, or attempt to purchase cigarettes, electronic cigarettes, or tobacco products. Kansas law contains no specific exception for minor employees of retail tobacco stores.

 

Kan. Stat. Ann. § 79-3321(m) and (n)

 

Similarly, it is illegal to sell, furnish, or distribute cigarettes, electronic cigarettes, or tobacco products to any person under 18 years of age.

 

Kan. Stat. Ann. § 79-3321(l)

 

Retail dealers must post and maintain a conspicuous notice stating, “By law, cigarettes, electronic cigarettes, and tobacco products may be sold only to persons 18 years of age and older.”

 

Kan. Stat. Ann. § 79-3321(r)

 

Kansas 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/PublicHealthEducation/ProtectingKidsfromTobacco/RegsRestrictingSale/UCM265540.pdf

 

In Kansas, it is illegal for any person to distribute tobacco product samples within 500 feet of any school when such facility is being used primarily by persons under 18 years of age unless the sampling is

  • In an area to which persons under 18 years of age are denied access;
  • In or at a retail location where tobacco products are the primary commodity offered for sale at retail; or
  • At or adjacent to an outdoor production, repair, or construction site or facility.

 

Kan. Stat. Ann. § 79-3321(s)

 

Tobacco samples are subject to licensing requirements, as the term “sale” is defined to include any transfer of title or possession or both, exchange, barter, distribution, or gift of cigarettes or tobacco products, with or without consideration.

 

Kan. Stat. Ann. § 79-3301(r)

 

Manufacturers who distribute free tobacco samples in Kansas must pay tax on those samples by filing a Manufacturer’s Sample Product Tobacco Tax Return (Form TB-32), along with payment for taxes due.

 

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

CONTACT IPCPR LEGISLATIVE
Questions? Comments? Interested in Getting Involved? Contact the IPCPR Legislative Team!
CONTACT US
Thank You. We will contact you as soon as possible.