North Carolina § 130A-497 - Implementation and enforcement.

§ 130A-497. Implementation and enforcement.

A person who manages, operates, or controls a restaurant or bar in which smoking is prohibited shall: Conspicuously post signs clearly stating that smoking is prohibited. The signs may include the international "No Smoking" symbol, which consists of a pictorial representation of a burning cigarette enclosed in a red circle with a red bar across it. Remove all indoor ashtrays and other smoking receptacles. Direct a person who is smoking to extinguish the lighted tobacco product. Continuing to smoke in a nonsmoking area described in this Part following oral or written notice by the person in charge of the area or the person's designee constitutes an infraction, and the person committing the infraction may be punished by a fine of not more than fifty dollars ($50.00). Conviction of an infraction under this section has no consequence other than payment of a penalty. A person found responsible for a violation of this section may not be assessed court costs. Notwithstanding G.S. 130A-25, a violation of this Part shall not be punishable as a misdemeanor. Administrative penalties imposed under G.S. 130A-22(h1) against a person who manages, operates, or controls a restaurant or bar and fails to comply with the provisions of this Article and the rules adopted by the Commission to implement the provisions of this Article shall only be enforced by a local health director. The Commission shall adopt rules to implement the provisions of this Article. History (2009-27, s. 1.) Editor's Note. - Session Laws 2013-413, s. 23, provides: "No later than January 1, 2014, the Commission for Public Health shall amend and clarify its rules adopted pursuant to G.S. 130A-497 for the implementation of the prohibition on smoking in restaurants and bars. The rules shall ensure the consistent interpretation and enforcement of Part 1C of Article 23 of Chapter 130A of the General Statutes and shall specifically clarify the definition of enclosed areas for purposes of implementation of the Part. Rules adopted pursuant to this section (i) shall be exempt from the requirements of G.S. 150B-21.4 , (ii) are not subject to Part 3 of Article 2A of Chapter 150B of the General Statutes, and (iii) shall become effective as provided in G.S. 150B-21.3(b1) as though 10 or more written objections had been received as provided by G.S. 150B-21.3(b2) . No later than November 1, 2013, the Commission shall report to the Joint Legislative Oversight Committee on Health and Human Services on its progress in amending and clarifying the rules." Session Laws 2013-413, s. 61(a), is a severability clause. PART 2. LOCAL GOVERNMENT REGULATION OF SMOKING.