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Duties of Proprietors
 

Model

Duties of Proprietors.

The person, firm, corporation, or other entity that owns, leases, manages, operates, or otherwise controls the use of a public place, workplace, or public transportation regulated by this law shall take necessary steps to prevent smoking by:

  1. Prominently posting "Smoking" or "No Smoking" signs, or the international "No Smoking" symbol,
  2. Removing all ashtrays,
  3. Asking any person who smokes in an area where smoking is prohibited to refrain from smoking,
  4. If the person does not refrain from smoking, asking the person to leave,
  5. Refusing service to a person who is smoking,
  6. If the person refuses to leave, the proprietor or other person in charge shall handle the situation in the same manner as for violations of other laws or house rules.
Nothing in this section prohibits the proprietor or other person in charge from taking more stringent measures to protect individuals from secondhand smoke.

Examples

Minnesota Clean Indoor Air Act (amended), effective Oct. 1, 2007

144.416 Responsibilities of Proprietors.

  1. The proprietor or other person, firm, limited liability company, corporation, or other entity that owns, leases, manages, operates, or otherwise controls the use of a public place, public transportation, place of employment, or public meeting shall make reasonable efforts to prevent smoking in the public place, public transportation, place of employment, or public meeting by:
     
    1. posting appropriate signs or by any other means which may be appropriate; and
    2. asking any person who smokes in an area where smoking is prohibited to refrain from smoking and, if the person does not refrain from smoking after being asked to do so, asking the person to leave. If the person refuses to leave, the proprietor, person, or entity in charge shall handle the situation consistent with lawful methods for handling other persons acting in a disorderly manner or as a trespasser.
       
  2. The proprietor or other person or entity in charge of a public place, public meeting, public transportation, or place of employment must not provide smoking equipment, including ashtrays or matches, in areas where smoking is prohibited. Nothing in this section prohibits the proprietor or other person or entity in charge from taking more stringent measures than those under sections 144.414 to 144.417 to protect individuals from secondhand smoke. The proprietor or other person or entity in charge of a restaurant or bar may not serve an individual who is in violation of sections 144.411 to 144.417.

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New Jersey, Final Rules, adopted March 29, 2007

SUBCHAPTER 9. ENFORCEMENT

8:6-9.1 Enforcement against individuals

  1. A person having control of an indoor public place or workplace shall order a person smoking in violation of the Act and this chapter (person smoking illegally) to comply with the Act and this chapter, and may elect to provide the person smoking illegally with a copy of the notice provided at chapter Appendix H, incorporated herein by reference.
     
  2. If, after having been ordered to comply with the Act and this chapter in accordance with (a) above, a person smoking illegally continues to violate the Act and this chapter, the person having control of the indoor public place or workplace:
     
    1. Shall order the departure and removal from the indoor public place or workplace of the person smoking illegally; and
    2. In the discretion of the person having control of the indoor public place or workplace, may request the assistance of law enforcement or peace officers with jurisdiction over the indoor public place or workplace to accomplish this departure and removal.

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Austin, Texas Smoking in Public Places Ordinance, adopted in 2003

§ 10-6-2 SMOKING PROHIBITED.

  1. The owner or operator of a public place commits an offense if the person fails to take necessary steps to prevent or stop another person from smoking in an enclosed area in a public place.

The City of Austin issued “further guidance” to businesses to comply with the ordinance:

  1. Post no-smoking signs and remove all ashtrays.
  2. Verbally ask a patron who is smoking to extinguish the cigarette, cigar, smoking apparatus, etc. (Sign interpretation or in written form for the hearing impaired)
  3. Refuse service to a person who is smoking.
  4. Verbally ask anyone smoking to leave the premises. (Sign interpretation or in written form for the hearing impaired)
  5. Apply standard business procedures in the same manner for violations of house rules or local ordinances or state laws

In a 2008 decision, the US Court of Appeals for the Fifth Circuit upheld the Austin Ordinance and specifically found that the “necessary steps” requirement was not unconstitutionally vague.

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