DES MOINES COUNTY TOBACCO FREE COALITION

Understanding the Iowa Smokefree Air Act

To contact us:

GRADE A PLUS

P.O. Box 581

West Burlington, Iowa 52655

Phone: 319-752-6027

Fax: 319-752-8847

E-mail: sschwartz@lisco.com

1. Why was the Smokefree Air Act passed?

The purpose of the Smokefree Air Act is to reduce the level of exposure by the general public and employees to environmental tobacco smoke in order to improve the public health of Iowans.

The law went into effect July 1, 2008.

2. What is the Iowa definition of a bar?

A bar by Iowa code is an establishment where a customer may purchase alcoholic beverages and in which the serving of food is incidental to the consumption of those beverages.

Meaning: food that is prepared by ice, pre-packaged snack foods, popcorn, peanuts, and the reheating of commercially prepared food such as frozen pizza, pre-packaged sandwiches, or other ready-to-serve products is defined as incidental food service.

Bar Restrictions: Smoking is prohibited in all enclosed areas of a bar.

Smoking is not regulated in unenclosed outdoor patios or other outdoor areas of a bar.

3. What is the Iowa definition of a restaurant?

A restaurant by Iowa Code is an eating establishment which offers food to the public, guests, or employees and includes kitchens and catering facilities in which food is prepared on the premises for serving.

Any food service establishment, with or without a liquor license, that prepares food beyond the limited food preparation described in the definition of a bar is considered a restaurant.

Restaurant Restrictions: Smoking is prohibited in all enclosed areas of a restaurant. Smoking is prohibited in all outdoor seating or serving areas of a restaurant.

Smoking is not prohibited in a defined outdoor area of a restaurant in which there is no seating and no restaurant employee serves food or beverages to a patron in the area.

4. What is considered an ashtray?

An ashtray by Iowa code is defined as any receptacle used for extinguishing or disposing of any lighted tobacco product. By the Smokefree Air Act, ashtrays must be removed from the enclosed area of a public place. Ashtrays on the perimeter of any public place are not prohibited.

5. What are the requirements for “No Smoking” signs?

Signs must contain the words “No Smoking” or the international “No Smoking” symbol. The Smokefree Helpline:”1-888-944-2247”, and the official Website: www.IowaSmokefreeAir.gov.

Signs must be at least 24 square inches in size. Font type and size must be legible.

Signs must be posted at every entrance to a public place, place of employment, area declared nonsmoking place, or outdoor areas where smoking is prohibited.

6. What are some examples of areas where smoking is allowed?

There are specific public places where smoking will be allowed, including: up to 20 percent of rooms in a hotel or motel, retail tobacco stores, private clubs with no employees, most outdoor areas of employment, limousines under private hire and private vehicles, farm tractors, and the gaming floor of casinos.

The law also allows smoking at the Iowa State Fairgrounds, the Iowa Veteran’s Home, and the facilities of the Iowa National Guard.

7. Can an owner/operator declare an entire area nonsmoking?

Yes, nothing in the law prevents an owner or operator of a business from declaring the entire property a nonsmoking place.

8. What are the penalties for an individual who violates the law?

A person who smokes in a non-smoking area may receive a citation and civil fine of $50 from a law enforcement official.

9. What are the penalties for a business that violates the law?

A business that violates the law may receive a civil fine of $100 for a first offense, up to $200 for a second offense (within a year), and up to $500 for the third and subsequent offense (within a year).

In addition, violations of the Smokefree Air Act may result in the suspension or revocation of any permit or license issued to the person for the premises on which the violation occurred.

10. What are my responsibilities as an employer or business owner?

An employer, business owner or manager must not permit smoking in areas where smoking is prohibited by the Smokefree Air Act. To meet this responsibility, an employer must:

• Post signs that meet the requirements of the law at every entrance to a non-smoking area
  

• Place signs that meet the requirements of the law in every employer-owned vehicle, if more than  one person rides in that vehicle either as a driver or a passenger
  

• Inform all employees about the provisions of the Smokefree Air Act
  

• Remove all ashtrays from areas where smoking is prohibited
  

11. Where can I find a copy of the law? Where can I find a copy of the administrative rules?

The Iowa Department of Public Health has provided a link to the law and to the administrative rules at the Smokefree Air Act Web site, www.IowaSmokefreeAir.gov. The administrative rules provide guidance on how the provisions of the law will be carried out and enforced.