Smoke Free Arizona

Updated on 6/4/2008

Let's Clear the Air

In November of 2006 the citizens of Arizona made their voices heard by passing the Smoke-Free Arizona Act A.R.S. §36-601.01. This landmark statute prohibits smoking in most enclosed public places and places of employment including (but not limited to):

Restaurants, bars, grocery stores, or any establishment that serves food
Office buildings and work areas such as meeting rooms, employee lounges, classrooms, and private offices
Health care facilities, hospitals, health care clinics, and doctor’s offices
Company-owned or employer-owned vehicles during working hours if the vehicle is occupied by more than one person
Enclosed common areas in hotels and motels
Lobbies, elevators, restrooms, reception areas, halls, stairways, and any other enclosed common-use areas in public and private buildings including condominiums and other multiple-unit residential facilities
Any place of employment not exempted. Click here to view exemptions.
Tribes are Sovereign Nations. The Smoke-Free Arizona Act has no application on Indian reservations as defined in A.R.S. §42-3301 (2).

2008 Annual Report

We are proud to state that one year after the Smoke-Free Arizona Act went into effect, a high level of compliance has been achieved. Most employers responded well in creating smoke-free workplaces while the number of complaints declined significantly, this resulting in cleaner air for Arizona residents. Click here to view the annual report.

Substantive Policy Statement #SP-087-PHS-EDC: Bars and Restaurants are not Retail Tobacco Stores. The purpose of this substantive policy statement is to notify the public of the Arizona Department of Health Services’ interpretation of the term “retail store” used in A.R.S. § 36-601.01(9), the Department’s interpretation of the term “retail tobacco store” defined in A.R.S. § 36-601.01(10), and the Department’s determination that a “bar” or a “restaurant” as listed in A.R.S. § 36-601.01(9) cannot be either a “retail store” or a “retail tobacco store” under the Smoke-Free Arizona Act. Similarly, an establishment that uses the “retail tobacco store” exception of the Act to permit indoor smoking cannot also be a “bar” or a “restaurant” under the Act.

Updates

The following documents are updates to important information that Arizona businesses need to know to comply with the law:

What About Local Ordinances?

Local units of government may enact ordinances that are more restrictive than the Smoke-Free Arizona Act. Local ordinances, if more stringent, remain in effect after the implementation of the Smoke-Free Arizona Act.

This site explains the Smoke-Free Arizona Act and what Arizona businesses need to do to comply with the Law. It also lays out the procedure for reporting any employer that is in violation.

You will also find useful information on the dangers of secondhand smoke, news, tips, updates, answers to frequently asked questions about the Law, links to valuable resources, and much more.

When do the smoke free provisions take effect? The Law became effective on May 1, 2007.
Where can I find a copy of the Law and the rules? Click here to view the contents of the Law.
Click here to view the contents of the rules.
What does the Smoke-Free Arizona Act require? It requires smoking to be prohibited in most enclosed public places and places of employment and within 20 feet of the establishment's entrances, open windows and ventilation systems. However, there are a few exemptions to the Smoke-Free Arizona Act.
What are examples of public places and places of employment affected by the Law? The Smoke-Free Arizona Act prohibits smoking in most enclosed public places and places of employment including but not limited to: bars, restaurants, workplaces, stadiums, reception areas, theatres, and designated non-smoking hotel rooms.
What are the exemptions of the Law? There are specific public places where smoking will be allowed, including private residences, retail tobacco stores, veterans and fraternal clubs, and outdoor patios. For a complete list of exemptions of the Law click here.
At what distance from an entrance is outside smoking allowed? Smoking is prohibited within 20 feet from all establishment entrances, open windows, or ventilation systems unless defined differently by a local ordinance. The purpose of the 20 foot rule is to prevent smoke from entering into areas where smoking is prohibited. Click here to view the 20 foot rule.
Where can I find more information? Please contact the Arizona Department of Health Services by calling toll-free at 1-877-AZSTOPS (1-877-297-8677). For Frequently Asked Questions for Businesses, Restaurants and Bars, Retail Tobacco Stores, and Veterans Clubs click here.

To view the rules click here.