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.
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;
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.
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.
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.
￼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.