IPCPR Legislative | Restrictions in Oklahoma

Restrictions in Oklahoma

oklahoma

Smoking, Age and Sampling Restrictions in Oklahoma

Oklahoma law prohibits smoking: in any indoor place used by or open to the public; in all parts of a zoo to which the public may be admitted; on public transportation; in any indoor workplace, including work areas, employee lounges, restrooms, conference rooms, classrooms, employee cafeterias, hallways, any other spaces used or visited by employees, and all space between a floor and ceiling that is predominantly or totally enclosed by walls or windows, regardless of doors, doorways, open or closed windows, or stairways; in all buildings and other properties owned or operated by the state or by a county or municipal government; in all buildings owned by an educational facility; or within 25 feet of the entrance or exit of any building specified above.

 

Okla. Stat. tit. 21, § 1247

 

Cities and towns may enact and enforce laws prohibiting and penalizing smoking violations, but the provisions of such laws must be the same as provided in state law, and the enforcement provisions under such laws cannot be more stringent than those of state law. However, cities and towns are authorized to enact laws restricting smoking on properties owned or operated by the respective governing bodies. Nothing in state law prevents county or municipal governments, at the discretion of the respective governing bodies, from prohibiting smoking in or on property owned or operated by the respective governing bodies.

 

Okla. Stat. tit. 63, § 1-1527

 

Exemptions

The prohibition on smoking does not apply to stand-alone bars, stand-alone taverns, or cigar bars, which are defined as establishment that derive more than 60% of their gross receipts, subject to verification by competent authority, from the sale of alcoholic beverages and low-point beer, admit no person under 21 years of age (except for members of a musical band), and are not located within, or do not share any common entryway or common indoor area with, any other enclosed indoor workplace, including a restaurant.

 

Okla. Stat. tit. 21, § 1247(F)
Okla. Stat. tit. 63, § 1-1522(9)

 

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

  • The room or rooms where licensed charitable bingo games are being operated, but only during the hours of operation of such games;
  • Designated guest rooms at a lodging establishment
  • Retail tobacco stores predominantly engaged in the sale of tobacco products and accessories and in which the sale of other products is merely incidental and in which no food or beverage is sold or served for consumption on the premises;
  • Workplaces where only the owner or operator of the workplace, or the immediate family of the owner or operator, performs any work, and workplace has only incidental public access;
  • Workplaces exclusively occupied by one or more smokers, if the workplace has only incidental public access;
  • Workplaces within private residences, except that smoking is not allowed during the hours of operation where the private residence is used as a child care facility;
  • Medical research or treatment centers, if smoking is integral to the research or treatment;
  • A tax-exempt facility operated by a post or organization of past or present members of the Armed Forces, when such facility is used exclusively by its members and their families and for the conduct of post or organization nonprofit operations except during an event or activity which is open to the public; and
  • Any outdoor seating area of a restaurant, provided that smoking is not allowed within 15 feet of any exterior public doorway or any air intake of a restaurant.

 

Okla. Stat. tit. 21, § 1247(G)

 

To qualify for any of the exemptions above, the smoking space must either occupy the entire enclosed indoor space, or if it shares the enclosed space with any nonsmoking areas, the smoking space must be fully enclosed, exhausted directly to the outside with no air from the smoking space circulated to any nonsmoking area, and under negative air pressure so that no smoke can drift or circulate into a nonsmoking area when a door to an adjacent nonsmoking area is opened. Air from a smoking room cannot be exhausted within 15 feet of any entrance, exit, or air intake.

 

Okla. Stat. tit. 21, § 1247(I)

 

Oklahoma law does not provide a specific application procedure to qualify for exemption from the smoking ban.

Individuals under 18 years of age cannot purchase, receive, or have in his or her possession a tobacco or vapor product, or present or offer to any person false or fraudulent proof of age for the purpose of purchasing or receiving tobacco or vapor products. However, it is not illegal for an employee under 18 years of age to handle tobacco products or vapor products when required in the performance of the employee’s duties.

 

Okla. Stat. tit. 10A, § 2-8-224

 

Similarly, it is illegal for any person to sell, give, or furnish in any manner any tobacco or vapor product to another person who is under 18 years of age, or to purchase in any manner a tobacco or vapor product on behalf of any such person. Again, this prohibition does not apply to an employee under 18 years of age during the performance of the employee’s duties.

 

Okla. Stat. tit. 37, § 600.3

 

No agency or other political subdivision of the state, including municipalities, counties, or any agency thereof, may adopt any order, ordinance, rule or regulation concerning the sale, purchase, distribution, advertising, sampling, promotion, display, possession, licensing, or taxation of tobacco products or vapor products, except as provided in Section 1511 of Title 68 of the Oklahoma Statutes, Section 1-1521 et seq. of Title 63 of the Oklahoma Statutes and Section 1247 of Title 21 of the Oklahoma Statutes.

 

Okla. Stat. tit. 37, § 600.10

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 Oklahoma, it is illegal for any person or retailer to distribute tobacco products, vapor products, or product samples to any person under 18 years of age. It is also illegal to distribute tobacco products, vapor products, or product samples in or on any public street, sidewalk, or park that is within 300 feet of any playground, school, or other facility when the facility is being used primarily by persons under 18 years of age.

 

Okla. Stat. tit. 37, § 600.8

 

Staff reported that tobacco product samples are subject to the tobacco products tax and licensing requirements.

 

No agency or other political subdivision of the state, including municipalities, counties, or any agency thereof, may adopt any order, ordinance, rule or regulation concerning the sale, purchase, distribution, advertising, sampling, promotion, display, possession, licensing, or taxation of tobacco products or vapor products, except as provided in Section 1511 of Title 68 of the Oklahoma Statutes, Section 1-1521 et seq. of Title 63 of the Oklahoma Statutes and Section 1247 of Title 21 of the Oklahoma Statutes.

 

Okla. Stat. tit. 37, § 600.10

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