New Hampshire law prohibits smoking in: public educational facilities at any time; child care agencies during the hours of operation; hospitals and other acute care facilities; grocery stores by customers; elevators, tramways, gondolas, and other such public conveyances; public conveyances; restaurants; cocktail lounges; and enclosed places owned and operated by social, fraternal, or religious organizations when open to the general public.
In 2003, the New Hampshire Supreme Court ruled that the state Indoor Smoking Act (codified at N.H. Rev. Stat. Ann. § 155:64 – § 155:77) “constitutes a comprehensive and detailed statutory scheme” with “no statutory provision permitting additional municipal regulation of smoking” and that, therefore, state law preempts local ordinances more stringent than state law concerning indoor smoking.
The following are exempt from the ban on smoking, subject to conditions:
Enclosed places of public access and publicly-owned buildings and offices, including workplaces in effectively segregated smoking-permitted areas designated by the person in charge
Public conveyances rented for private purposes
Buildings owned and operated by social, fraternal, or religious organizations when used by the membership of the organization, their guests or families, or when they are rented or leased for private functions from which the public is excluded and arrangements are under the control of the sponsor of the function and not the organization
Guest rooms of hotels, motels, and resorts
Privately owned halls, ballrooms, dining rooms, and conference rooms of hotels, motels, restaurants, and resorts when rented or leased for private functions from which the public is excluded
Resident rooms in collegiate dormitories, public housing facilities, or long-term health and rehabilitation facilities
Patients with extraordinary medical conditions, psychiatric disorders, or patients in an alcohol and drug withdrawal program, provided that the patient’s physician has written a prescription allowing the patient to smoke
Cigar bars that have obtained a license from the New Hampshire Liquor Commission.
A “cigar bar” is a business that
Generates 60% or more of its quarterly gross revenue from the sale of cigar-related products, which is limited to cigars, humidors, cigar cutters, cigar cases, lighters, and ashtrays. Mail order and Internet sales, as well as revenue generated from other tobacco sales in store, including cigarettes and loose tobacco sales, will not be used to determine whether an establishment satisfies the definition of a cigar bar.
Has a humidor on the premises
Does not allow any person under the age of 18 on the premises unless accompanied by a parent, legal guardian, or adult spouse
Does not allow cigarette smoking or service of food on the premises
Cigar bars may obtain a license by filing a Liquor and Tobacco License Request for Application, along with supplemental documents based on the type of business.
Individuals under 18 years of age cannot purchase, attempt to purchase, possess, or use any tobacco product. However, this does not prohibit minors employed by any manufacturer, wholesaler, sub-jobber, vending machine operator, sampler, or retailer from performing the necessary handling of tobacco products during the duration of their employment.
Each tobacco sampler must obtain a license for each individual engaged in public sampling from the New Hampshire Liquor Commission before engaging in the business of distributing tobacco products in New Hampshire. Licenses are obtained by filing a Liquor and Tobacco License Request for Application, along with supplemental documents based on the type of business. Licensees must also attend training within 45 days of receiving the license and may sign up at http://www.nh.gov/liquor/enforcement/education/mts/.
Manufacturers providing sample or gratis tobacco products, such as for sales or advertising campaigns, must, prior to distributing such packages, ship them to a New Hampshire licensed wholesaler. Wholesalers receiving sample or gratis tobacco products must (1) affix the appropriate tobacco tax stamps; or (2) issue an invoice stating that the tax has been collected. The wholesaler is responsible for obtaining reimbursement from the manufacturer for the cost of the tobacco tax stamp or the tax as applied to the usual wholesale price on theOTP.