Bars and Restaurants
Bars and Restaurants
Economic Impact Study
The report examining the economic impact of the Smoke-Free Arizona Act is available here. The study, prepared by the W.P. Carey School of Business, Arizona State University, includes the analysis of actual sales data for restaurants and bars, and the results of a survey of owners and managers of restaurants and bars in Arizona that was conducted prior the implementation of the Act and repeated one year later. The report also includes a literature review on the effects of tobacco regulations on the hospitality industry in the United States and in other countries. Click here to view the entire report.
Smoke-Free Arizona Act
Overview
Smoking is not allowed in most enclosed public places and places of employment including (but not limited to):
- Restaurants, bars, grocery stores, or any establishment that serves food
- Employee lounges, training rooms, and private offices in your bar or restaurant
- Company-owned or employer-owned vehicles when operated during working hours if the vehicle is occupied by more than one person
- Enclosed common areas such as restrooms, hallways, event rooms, stairways, or elevators in your establishment
- Tribes are Sovereign Nations. The Smoke-Free Arizona Act does not apply to businesses located on Indian reservations.
- 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.
- Click here to view a complete list of exemptions.
For more information, contact …
The Smoke-Free Arizona Program
- Call at 1-877-AZSTOPS (1-877-297-8677)
- Email at [email protected]
- By mail at:
Arizona Department of Health Services
150 N. 18th Ave, Suite 130
Office of Inspection and Compliance
Smoke-Free Arizona Program
Phoenix, AZ 85007-3247
Outdoor Patios
Smoking is allowed on the outdoor patio of your bar or restaurant. Before modifying or building a new outdoor smoking patio, you should consider contacting the county health department, the Department of Liquor Licenses and Control, the local building department, and any other applicable authorities.
Outdoor Patios and the 20 Foot Rule
If your outdoor patio is less than 20 feet from any entrance into your establishment, as a proprietor you may permit smoking on the outdoor patio only if you use a method that:
- Provides a smoke-free entrance into the establishment
- Does not permit tobacco smoke to drift into the establishment through entrances, open windows, ventilation systems, or other means
For more information regarding outdoor patios, call 1-877-AZ STOPS, or contact your county health department.
Violations & Penalties
Reporting Violations
The public is encouraged to report businesses that are not in compliance with the Smoke-Free Arizona Act to the Arizona Department of Health Services. Complainants may choose to remain anonymous. County health departments are in charge of investigating complaints about violations of the Smoke-Free Arizona Act. The county health department will notify the business owner about the complaint, and/or conduct an inspection within 15 days after receipt of the complaint.
Complaints may be reported to the Arizona Department of Health Services by:
- Submitting an online complaint
- Sending an e-mail
- Calling the toll-free number
1-877-4-AZNOSMOKE
(1-877-429-6676)
Penalties
If a violation is found, the owner will receive a warning notice and is subject to fines between $100 to $500 per violation per day or up to $5,000 per violation per day if a Superior Court determines there is a pattern of noncompliance. An individual who smokes where prohibited is guilty of a petty offense and may be fined between $50 to $300.
Comply With the Law
What You Need to do to Comply with the Law
- Remove all indoor ashtrays and smoking receptacles and move all outdoor ashtrays and smoking receptacles at least 20 feet away from entrances
- Post the required "No Smoking" signs at every entrance into your establishment, available free of charge click here
- Educate all existing and prospective employees about the Act
- Prohibit anyone including employees, vendors, and customers from smoking inside and within 20 feet of all entrances into your place of business
- Politely inform violators smoking inside or within 20 feet of an entrance to extinguish their lit tobacco product or to go outside and at least 20 feet away from the entrance to smoke
Tips for Going Smoke Free
Inform your employees about the Law. Some effective ways to communicate with your employees are listed below:
Existing Employees
- Discuss the requirements of the Act at staff meetings or distribute memos or paycheck inserts
- Add a "No Smoking" policy to your employee manual
- Post your "No Smoking" policy on your company website
- Display an informational poster in the employee lounge or break room
- Distribute Smoke-Free Arizona brochures during employee training
- Include articles in your employee newsletter about the requirements of the Act and the health effects of secondhand smoke
- Encourage employees to visit smokefreearizona.org for more information about the Act
Prospective Employees
- Add a brief description of the Act on your employee application form
- Include an agreement policy that explains the requirements of the Act on the application and requires the applicant to check a box confirming that they have read the information
- Discuss the requirements of the Act briefly during candidates' interviews
- Disclose your smoking policy on your company website
- Post a link to smokefreearizona.org on your website
- Provide assistance to your employees who want to quit:
- Inform employees of any cessation benefits available through your company health plan
- Arizona offers some excellent and effective resources free of charge to all Arizonans who want to quit smoking: The Arizona Smokers' Helpline (ASHLine) is a toll free number that provides phone counseling. ASHLine offers professional, on-going support (available in both English and Spanish) to all tobacco users looking for help with quitting. Services include personalized quit plans, medication assistance, quit coaches, interactive Web programs, telephone counseling, and self-help materials. To contact ASHLine, please call 1-800-556-6222.
The ASHLine web site, www.ashline.org, provides expert advice on quitting strategies for smokers, advice for non-smokers who are supporting someone trying to quit, and tips for healthcare providers. The web site also provides free fact sheets, and links to local tobacco cessation projects.
Videos About Smoke-Free Establishments
To view educational videos about bars and restaurants with a smoke-free environment click here.
Communication is the Key
To make this transition as easy as possible for your customers and employees, it’s important to effectively communicate information about the Law and your establishment’s responsibility in complying with the Law. The better you know and understand the Law, the easier it will be for your employees to explain the law to your customers. Here are some helpful tips you can share with your employees:
- Be understanding of your customer’s desire to smoke and politely inform him or her about any designated smoking areas near the building
- Emphasize that it is the establishment’s responsibility to comply with the Law, and by not complying with the Law, the establishment or individual can be fined.
- Focus your discussion with employees and customers on the health benefits of going smoke-free instead of focusing on the smokers themselves
- Secondhand smoke has been proven to cause lung cancer and heart disease and has been linked to asthma and other serious respiratory problems
- Secondhand smoke contains more than 60 cancer-causing compounds
- Working a shift in a smoky restaurant or bar is equivalent to actively smoking nearly a pack of cigarettes
- A person standing two feet away from a burning cigarette may inhale 10 times the cancer-causing chemicals than the person actually smoking the cigarette because the smoke inhaled by the active smoker is filtered while the smoke inhaled by the non-smoking bystander is not.
Handling Problems
If customers complain about the smoke-free law, listen to what they have to say. Explain that the purpose of the Law isn’t to keep them from smoking. It’s to protect the health of the employees and other customers. Make sure they understand that you still want them as customers. Inform violators when they are smoking in a non-smoking area by politely requesting that they put it out or that they go outside and at least 20 feet away from the entrance to smoke. Thank them for respecting and supporting the new Law.
To view the rules click here.
