Nevada § 202.2483 - Smoking prohibited in certain areas; voluntary creation of nonsmoking areas; local regulation; posting signs; removal of paraphernalia; enforcement; retaliation prohibited

§ 202.2483. Smoking prohibited in certain areas; voluntary creation of nonsmoking areas; local regulation; posting signs; removal of paraphernalia; enforcement; retaliation prohibited

1. Except as otherwise provided in subsection 3, smoking in any form is prohibited

within indoor places of employment including, but not limited to, the following: (a) Child care facilities; (b) Movie theatres; (c) Video arcades; (d) Government buildings and public places; (e) Malls and retail establishments; (f) All areas of grocery stores; and (g) All indoor areas within restaurants. 2. Without exception, smoking in any form is prohibited within school buildings and

on school property. 3. Smoking is not prohibited in: (a) Areas within casinos where loitering by minors is already prohibited by state

law pursuant to NRS 463.350 ; (b) Completely enclosed areas with stand-alone bars, taverns and saloons in which

patrons under 21 years of age are prohibited from entering; (c) Age-restricted stand-alone bars, taverns and saloons; (d) Strip clubs or brothels; (e) Retail tobacco stores; (f) The area of a convention facility in which a meeting or trade show is being held,

during the time the meeting or trade show is occurring, if the meeting or trade show: (1) Is not open to the public; (2) Is being produced or organized by a business relating to tobacco or a professional

association for convenience stores; and (3) Involves the display of tobacco products; and (g) Private residences, including private residences which may serve as an office

workplace, except if used as a child care, an adult day care or a health care facility. 4. A supervisor on duty or employee of an age-restricted stand-alone bar, tavern or

saloon or a stand-alone bar, tavern or saloon shall not allow a person who is under

21 years of age to loiter in an age-restricted stand-alone bar, tavern or saloon or

an area of a stand-alone bar, tavern or saloon where smoking is allowed pursuant to

this section. A person who violates the provisions of this subsection is guilty of a misdemeanor. 5. If a supervisor on duty or employee of an age-restricted stand-alone bar, tavern

or saloon or a stand-alone bar, tavern or saloon violates the provisions of subsection

4, the age-restricted stand-alone bar, tavern or saloon or stand-alone bar, tavern

or saloon is liable for a civil penalty of: (a) For the first offense, $1,000. (b) For a second or subsequent offense, $2,000. 6. In any prosecution or other proceeding for a violation of the provisions of subsection

4 or 5, it is no excuse for a supervisor, employee, age-restricted bar, tavern or

saloon, or stand-alone bar, tavern or saloon alleged to have committed the violation

to plead that a supervisor or employee believed that the person who was permitted

to loiter was 21 years of age or older. 7. In areas or establishments where smoking is not prohibited by this section, nothing

in state law shall be construed to prohibit the owners of said establishments from

voluntarily creating nonsmoking sections or designating the entire establishment as

smoke free. 8. Nothing in state law shall be construed to restrict local control or otherwise

prohibit a county, city or town from adopting and enforcing local smoking control

measures that meet or exceed the minimum applicable standards set forth in this section. 9. “No Smoking” signs or the international “No Smoking” symbol shall be clearly and

conspicuously posted in every public place and place of employment where smoking is

prohibited by this section. Each public place and place of employment where smoking is prohibited shall post,

at every entrance, a conspicuous sign clearly stating that smoking is prohibited. All ashtrays and other smoking paraphernalia shall be removed from any area where

smoking is prohibited. 10. Health authorities, police officers of cities or towns, sheriffs and their deputies

shall, within their respective jurisdictions, enforce the provisions of this section

and shall issue citations for violations of this section pursuant to NRS 202.2492 and 202.24925 . 11. No person or employer shall retaliate against an employee, applicant or customer

for exercising any rights afforded by, or attempts to prosecute a violation of, this

section. 12. For the purposes of this section, the following terms have the following definitions: (a) “ Age-restricted stand-alone bar, tavern or saloon ” means an establishment: (1) Devoted primarily to the sale of alcoholic beverages to be consumed on the premises; (2) In which food service or sales may or may not be incidental food service or sales,

in the discretion of the operator of the establishment; (3) In which patrons under 21 years of age are prohibited at all times from entering

the premises; and (4) That must be located within: (I) A physically independent building that does not share a common entryway or indoor

area with a restaurant, public place or any other indoor workplace where smoking is

prohibited by this section; or (II) A completely enclosed area of a larger structure, which may include, without

limitation, a strip mall or an airport, provided that indoor windows must remain closed

at all times and doors must remain closed when not actively in use. (b) “ Casino ” means an entity that contains a building or large room devoted to gambling games

or wagering on a variety of events. A casino must possess a nonrestricted gaming license as described in NRS 463.0177 and typically uses the word ‘casino’ as part of its proper name. (c) “Child care facility” has the meaning ascribed to it in NRS 441A.030 . (d) “ Completely enclosed area ” means an area that is enclosed on all sides by any combination of solid walls, windows

or doors that extend from the floor to the ceiling. (e) “ Government building ” means any building or office space owned or occupied by: (1) Any component of the Nevada System of Higher Education and used for any purpose

related to the System; (2) The State of Nevada and used for any public purpose; or (3) Any county, city, school district or other political subdivision of the State

and used for any public purpose. (f) “Health authority” has the meaning ascribed to it in NRS 202.2485 . (g) “ Incidental food service or sales ” means the service of prepackaged food items including, but not limited to, peanuts,

popcorn, chips, pretzels or any other incidental food items that are exempt from food

licensing requirements pursuant to subsection 2 of NRS 446.870 . (h) “ Place of employment ” means any enclosed area under the control of a public or private employer which

employees frequent during the course of employment including, but not limited to,

work areas, restrooms, hallways, employee lounges, cafeterias, conference and meeting

rooms, lobbies and reception areas. (i) “ Public places ” means any enclosed areas to which the public is invited or in which the public is

permitted. (j) “ Restaurant ” means a business which gives or offers for sale food, with or without alcoholic

beverages, to the public, guests or employees, as well as kitchens and catering facilities

in which food is prepared on the premises for serving elsewhere. (k) “ Retail tobacco store ” means a retail store utilized primarily for the sale of tobacco products and accessories

and in which the sale of other products is merely incidental. (l) “ School building ” means all buildings on the grounds of any public school described in NRS 388.020 and any private school as defined in NRS 394.103 . (m) “ School property ” means the grounds of any public school described in NRS 388.020 and any private school as defined in NRS 394.103 . (n) “ Smoking ” means inhaling, exhaling, burning or carrying any liquid or heated cigar, cigarette

or pipe or any other lighted or heated tobacco or plant product intended for inhalation,

in any manner or in any form. The term includes the use of an electronic smoking device that creates an aerosol

or vapor, in any manner or in any form, and the use of any oral smoking device. As used in this paragraph, “ electronic smoking device ”: (1) Means any product containing or delivering nicotine, a product made or derived

from tobacco or any other substance intended for human consumption that can be used

by a person to simulate smoking in the delivery of nicotine or any other substance

through inhalation of vapor or aerosol from the product. (2) Includes any component part of a product described in subparagraph (1), regardless

of whether the component part is sold separately. (3) Does not include any product regulated by the United States Food and Drug Administration

pursuant to Subchapter V of the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. §§ 352 et seq. (o) “ Stand-alone bar, tavern or saloon ” means an establishment: (1) Devoted primarily to the sale of alcoholic beverages to be consumed on the premises; (2) In which food service or sales may or may not be incidental food service or sales,

in the discretion of the operator of the establishment; (3) In which smoke from such establishments does not infiltrate into areas where smoking

is prohibited under the provisions of this section; and (4) That must be housed in either: (I) A physically independent building that does not share a common entryway or indoor

area with a restaurant, public place or any other indoor workplaces where smoking

is prohibited by this section; or (II) A completely enclosed area of a larger structure, such as a strip mall or an

airport, provided that indoor windows must remain shut at all times and doors must

remain closed when not actively in use. (p) “Video arcade” has the meaning ascribed to it in paragraph (d) of subsection 3

of NRS 453.3345 . 13. Any statute or regulation inconsistent with this section is null and void. 14. The provisions of this section are severable. If any provision of this section or the application thereof is declared by a court

of competent jurisdiction to be invalid or unconstitutional, such declaration shall

not affect the validity of the section as a whole or any provision thereof other than

the part declared to be invalid or unconstitutional.