Laws Regulating Use of Vaping Devices

Transcription

1 Laws Regulating Use of Vaping Devices The following information was compiled to provide the SRHD Board of Health with an understanding of existing state and local laws concerning the use of vaping devices in public places and places of employment (shortened to public places below). Most smoking prohibitions were enacted before vaping devices existed. With the emergence of vaping devices on the market, many smoking prohibition laws have been interpreted to also prohibit use of vaping devices. In other cases, state and local jurisdictions have enacted regulations specifically addressing vaping devices. Only the latter information is included below. Currently, there are: 8 State laws that specifically restrict use of vaping devices in public places 475 Local laws that specifically restrict use of vaping devices in public places Of the 483 state and local laws that restrict use of vaping devices in public places, 31 (approximately 6%) allow for some form of exemption, mainly for use or sampling in retail vape stores. In 20 of the 31 jurisdictions with exemptions for vaping devices, the original restrictions on smoking also included some form of exemption. The following provides additional information on each of the 31 state and local laws that provide some form of exemption for vaping devices. Relevant excerpts from the regulations are included, along with links to the full text of the regulations. [Staff comments are provided in bolded italic and parenthesis to add some context where appropriate.] The full text of regulations that provide some form of exception are available on the Board of Health website. Notes: In most cases, the original no-smoking laws were fairly typical, with exemptions for private residences, 25% of hotel rooms, and theater performances under certain conditions. Some jurisdictions have chosen to address vaping devices by including their use under the definition of smoking. Other jurisdictions chose to handle vaping devices separately. There are 334 state and local laws the restrict use of vaping devices in specified public places (e.g., parks, stadiums, schools). These have not been included since the focus of the proposed Board of Health action is on regulation of vaping devices in the broader context of public places. This information was developed with the assistance of a document titled States and Municipalities with Laws Regulating Use of Electronic Cigarettes, prepared by the American Non-Smokers Rights Foundation. This document is provided for reference.

2 Statewide Laws Restricting E-cigarette Use in 100% Smokefree Venues 8 statewide laws 2 with exemptions for vaping devices Delaware Utah R Restriction on Use of e-cigarette in Place of Public Access. The prohibition against the use of an e-cigarette in a place of public access does not apply if: (1) the use of the e-cigarette occurs in the place of public access that is a retail establishment that sells e-cigarettes and the use is for the purpose of: (a) the retailer of an e-cigarette demonstrating to the purchaser of the e-cigarette how to use the e-cigarette; or (b) the customer sampling a product sold by the retailer for use in an e-cigarette; and the retailer of e-cigarettes: (i) has all required licenses for the possession and sale of e-cigarettes in a place of business; (ii) does not permit a person under the age of 19 to enter any part of the premises of the retail establishment in which the e-cigarettes are sold; and (iii) the sale of e-cigarettes and substances for use in e-cigarettes constitutes at least 75% of the establishment's gross sales. (2) this section sunsets, in accordance with 63I-1-226, July 1, [Note: Utah s ban on smoking in public places includes exemptions for smoking (but not vaping) in designated areas provided certain ventilation requirements are met.]

3 Local Laws Restricting E-cigarette Use in 100% Smokefree Venues 475 local laws 31 with exemptions (approximately 6% of local laws), the majority of which allow use or sampling in vape shops. CALIFORNIA Artesia: Ord , Prohibition of Smoking Electronic Cigarettes in Enclosed Places of Employment Smoking electronic cigarettes is prohibited in all enclosed spaces at places of employment, as places of employment are defined in California Labor Code Section (b), where the smoking of tobacco products is prohibited by California Labor Code Section and sections amendatory or supplementary or any successor statute thereto. [Note: Smoking and using vaping devices are also prohibited in and around playgrounds, city buildings, restaurants, bars, open air dining, schools and daycare facilities.] Smoking electronic cigarettes is not prohibited in an enclosed place of employment that is a permitted electronic cigarette retailer, unless otherwise limited by the land use limitations contained in the City s zoning ordinance. (Ord , 5) Los Angeles: SEC SMOKING PROHIBITED IN DESIGNATED AREAS. (Amended by Ord. No. 183,819, Eff. 9/30/15.) "Smoking" shall mean engaging in an act that generates smoke, such as possessing a lighted pipe, a lighted hookah pipe, a lighted cigar, a lighted cigarette, or an operating electronic smoking device. Smoking shall be prohibited in all places where the smoking of tobacco is prohibited by local, state or federal law. [Note: Smoking is also prohibited in elevators and buses.] The use of an electronic smoking device is permissible: a. in a business establishment in which the exclusive purpose of the business is the sale or use of electronic smoking devices, provided that the business does not sell or allow the consumption of alcoholic beverages or food on the premises and does not permit any person under the age of 18 years of age to be present or enter the premises at any time, unless accompanied by the person's parent or legal guardian; and b. at a theatrical production site, if the use of an electronic smoking device is an integral part of the story in the theatrical production. $3.0$vid=amlegal:losangeles_ca_mc

4 San Diego: Chapter 4: Health and Sanitation; Article 3: Environmental Health Quality Controls; Division 10: Regulations on Smoking and Use of Electronic Cigarettes Prohibitions (a) It is unlawful to smoke or vape in an enclosed public place or an enclosed place of employment except in a designated outdoor smoking or vaping area lawfully established in accordance with this Division or the law of the State of California Designation of Areas for Smoking and the Use of Electronic Cigarettes (a) Designated areas for smoking and vaping may be established in a temporary or permanent manner, by the City Manager, or the City Manager s designee, pursuant to the provisions of San Diego Municipal Code section , or by the owner or operator of a private facility pursuant to the provisions of this Division and California state law. (b) Any designated area for smoking or vaping shall be clearly marked and shall conform with all provisions of this Division and with any applicable California state law Exemptions (b) Nothing in this Division shall be construed to prohibit smoking or vaping by any theatrical or musical artist while the artist is performing on stage, provided that smoking or vaping is a bona fide part of the act and that no other laws, ordinances, or regulations are violated (c) The owner or manager of a business or other establishment subject to this Division may apply to the City Manager for an exemption or modification of the provisions of this Division due to unique or unusual circumstances or conditions, provided the request may be granted by the City Manager under California state law. (e) Prohibitions on vaping do not apply to a vaping lounge or an electronic cigarette shop provided that such a business establishment obtains a police permit to operate as an electronic cigarette retailer as required in San Diego Municipal Code section and that the area for vaping is not accessible to minors. Santa Monica: Definitions. Smoke or Smoking. The carrying or holding of a lighted or activated pipe, cigar, cigarette, electronic smoking device, or any other lighted or activated smoking product or equipment used to burn any tobacco products, weed, plant, or any other combustible substance Prohibitions. "It is unlawful to smoke in the following places... Any vaping lounge or other business that sells electronic smoking devices; except that electronic smoking devices may be used at the two such businesses that were locally licensed as such lounges in Santa Monica as of June 24, 2014; provided there is appropriate ventilation so as not to interfere with neighboring occupants and provided no minors are allowed in the businesses."

5 Santa Rosa: Prohibition of smoking in enclosed nonresidential places. [Note: Paragraphs A-C are fairly standard no smoking (including vaping) in public places and places of employment.] (D) Notwithstanding any other provision of this chapter, electronic smoking devices may be used within existing retail tobacco stores for product sampling. New retail tobacco stores may allow use of electronic smoking devices for product sampling provided that the new store is in a freestanding building that does not share walls, floors, or ceilings with other tenant spaces. All retail tobacco stores shall post signs prohibiting people under 18 years of age from entering the establishment. (Ord , 2015) Places where smoking (including vaping) is permitted. (C) In designated smoking areas that meet the definition contained in Section or otherwise expressly permitted in this chapter. (Ord , 2015) COLORADO Arvado: Sec Smoking prohibited. It shall be unlawful for any person to smoke in any public place or sports arena as defined in this division or a cigar-tobacco bar as defined in C.R.S Exemptions: The use of an electronic smoking device is allowed on stage at a theatrical production site if smoking by a theatrical character is an integral part of the storyline of the production. Any person who is 18 years of age or older may use or operate an electronic smoking device within a specialty vaping store as defined in section [Note: A retail outlet is defined as deriving a majority of its revenue from the sale at retail of electronic smoking devices or other electronic smoking products and accessories, or which is engaged primarily in the sale at retail of electronic smoking devices or other electronic smoking products and accessories.] chtext%22:%22smoking%22,%22pagenum%22:1,%22resultsperpage%22:25,%22booleansearch%22:fals e,%22stemming%22:true,%22fuzzy%22:false,%22synonym%22:false,%22contenttypes%22:%5b%22cod ES%22%5D,%22productIds%22:%5B%5D%7D&nodeId=PTIICOOR_CH38EN_ARTVIIAIPO_DIV3SMREPUPL_ S38-303DE

6 Louisville: Sec Prohibitions. A. No person shall smoke or carry any lighted smoking instrument in a public place, entryway, common area, or place where smoking is prohibited by this chapter or the fire marshal. B. No person shall smoke or carry any lighted smoking instrument within the exterior walls, fences or otherwise defined limits of an outdoor eating area of a restaurant or tavern. C. No person shall smoke or carry any lighted smoking instrument (i) within 15 feet of an open window or air intake of a public place, common area or building where smoking is prohibited by this chapter or the fire marshal; or (ii) within 15 feet of the exterior walls, fences or otherwise defined limits of an outdoor eating area of a restaurant or tavern. D. The foregoing prohibition shall not apply to the use of an electronic smoking device by a patron or employee of a retail electronic smoking device store, if such person is 18 years of age or older and the electronic smoking device is used within the enclosed area of a retail electronic smoking device store. (Ord. No , 1, ; Ord. No , 3, ) MPUPLPR FLORIDA Boca Raton: (2) Use of e-cigarettes prohibited in locations where use of tobacco cigarettes is prohibited. The use of an e-cigarette shall be prohibited in any enclosed indoor workplace within the city where tobacco smoking is prohibited under F.S et seq., the "Florida Clean Indoor Air Act," as amended, except as provided in subsection (3). (3) Exceptions. Notwithstanding the prohibition in subsection (2), the use of an e-cigarette shall be permitted in any retail e-cigarette shop within the city or any enclosed indoor workplace within the city where tobacco smoking is permitted under F.S , as amended, including, but not limited to, private residences, retail tobacco shops and stand-alone bars, as described therein. [Note: Florida state law allows tobacco smoking in tobacco shops and standalone bars, so e- cigarettes also permitted in those locations.] earchtext%22:%22smoking%22,%22pagenum%22:1,%22resultsperpage%22:25,%22booleansearch%22: false,%22stemming%22:true,%22fuzzy%22:false,%22synonym%22:false,%22contenttypes%22:%5b%22c ODES%22%5D,%22productIds%22:%5B%5D%7D&nodeId=PTIICOOR_CH9MIOF_ARTIINGE_S9-6REELCISIMATOCI

7 Delray Beach: Sec ELECTRONIC CIGARETTES, (E-CIGARETTES). (B) Prohibition of using e-cigarettes in certain locations. The use of an e-cigarette is prohibited in all enclosed indoor workplaces within the City of Delray Beach at which tobacco smoking is prohibited under the Florida Clean Indoor Air Act as defined in F.S (5), except for retail e-cigarette shops and those places listed in F.S , "Enclosed indoor workplaces; specific exceptions." [Note: Retail e-cigarette shop means any enclosed indoor workplace dedicated to or predominantly for the retail sale of e-cigarettes, e-cigarette products, and accessories for such products, in which the sale of other products or services is merely incidental. Also note: Florida state law allows tobacco smoking in tobacco shops and standalone bars, so e-cigarettes also permitted in those locations.] 2searchText%22:%22smoking%22,%22pageNum%22:1,%22resultsPerPage%22:25,%22booleanSearch%2 2:false,%22stemming%22:true,%22fuzzy%22:false,%22synonym%22:false,%22contentTypes%22:%5B%2 2CODES%22%5D,%22productIds%22:%5B%5D%7D&nodeId=CD_ORD_TIT13GEOF_CH132OFAGPUPESA_S ELCIGA Port Saint Lucie: Sec Use of e-cigarettes prohibited where smoking prohibited. (a) A person may not use, employ, or otherwise operate any nicotine dispensing device or e-cigarette in any enclosed workplace located within the City wherein smoking is prohibited pursuant to the Florida Clean Indoor Air Act, Chapter 386, Florida Statutes. The exceptions provided in said Act that permit smoking in certain places shall also apply to permit the use of nicotine dispensing devices and e-cigarettes in the same places designated in the Act. In addition, the use of nicotine dispensing devices and e-cigarettes may be permitted in a retail e-cigarette shop. [Note: Florida state law allows tobacco smoking in tobacco shops and standalone bars, so e-cigarettes also permitted in those locations.] 119ELNIDEDEPR_ARTIIELCI#! Vero Beach: Sec Use of e-cigarettes prohibited where smoking prohibited. (a) A person may not use, employ, or otherwise operate any nicotine dispensing device or e-cigarette in any enclosed indoor workplace located within the city wherein smoking is prohibited pursuant to the Florida Clean Indoor Air Act, F.S et seq. The exceptions provided in said Act that permit smoking in certain places shall also apply to permit the use of nicotine dispensing devices and e-cigarettes in the same places designated in the Act. In addition, the use of nicotine dispensing devices and e-cigarettes may be permitted in a retail e-cigarette shop. [Note: Florida state law allows tobacco smoking in tobacco shops and standalone bars, so e-cigarettes also permitted in those locations.] OPR_ARTIIELCI_SS RE#!

8 ILLINOIS Chicago: [Note: Definition of smoking includes vaping devices.] Smoking in public places, places of employment and governmental vehicles prohibited. Unless an exemption contained in Section 035 of this chapter specifically applies, no person shall smoke in a public place or in any place of employment. No person may smoke in any vehicle owned, leased, or operated by the City of Chicago Exemptions. Notwithstanding any other provision of this chapter, smoking is allowed in the following areas: 1. Private residences 2. Retail tobacco stores as defined in Section 010 of this chapter in operation prior to January 1, Any retail tobacco store that begins operation after January 1, 2008 may only qualify for an exemption if located in a freestanding structure occupied solely by the business and smoke from the business does not migrate into an enclosed area where smoking is prohibited. Notwithstanding any other provision in this subsection, the use of electronic cigarettes is allowed in any retail tobacco store % of hotel rooms 4. In addition, theatre actors shall be allowed to use nicotine-free electronic cigarettes within performance spaces. [Note: Retail tobacco store means a retail establishment that derives more than 80% of its gross revenue from the sale of loose tobacco, cigarettes, cigarillos, cigars, pipes, other smoking devices and accessories, hookahs and related products, and/or electronic cigarettes and related products, and in which the sale of other products is merely incidental. Retail tobacco store does not include a tobacco department or section of a larger commercial establishment or any establishment with any type of liquor, food, or restaurant license.]

9 KANSAS Hutchinson: [Note: Hutchinson provides the following exemptions to its no smoking/vaping in public places or places of employment law. These exemptions apply to both smoking and vaping.] (d) The provisions of this section shall not apply to: (1) The outdoor areas of any building or facility beyond the access points of such building or facility; (2) Private homes or residences, except when such home or residence is used as a day care home, as defined in K.S.A , and amendments thereto; (3) A hotel or motel room rented to one or more guests if the total percentage of such hotel or motel rooms in such hotel or motel does not exceed 20%; (4) The gaming floor of a lottery gaming facility or racetrack gaming facility, as those terms are defined in K.S.A , and amendments thereto; (5) That portion of an adult care home, as defined in K.S.A , and amendments thereto, that is expressly designated as a smoking area by the proprietor or other person in charge of such adult care home pursuant to subsection (c) and that is fully enclosed and ventilated; (6) That portion of a licensed long-term care unit of a medical care facility that is expressly designated as a smoking area by the proprietor or other person in charge of such medical care facility pursuant to subsection (c) and that is fully enclosed and ventilated and to which access is restricted to the residents and their guests; (7) Smoke shops (tobacco and/or electronic cigarettes); (8) A Class A or Class B club defined in K.S.A , and amendments thereto, which (A) held a license pursuant to K.S.A et seq., and amendments thereto, as of January 1, 2009; and (B) notifies the secretary of health and environment in writing, not later than 90 days after the effective date of this act, that it wishes to continue to allow smoking on its premises; and (9) A private club in designated areas where minors are prohibited. (10) Any benefit cigar dinner or other cigar dinner of a substantially similar nature that: (A) is conducted specifically and exclusively for charitable purposes by a nonprofit organization which is exempt from federal income taxation pursuant to Section 501(c)(3) of the federal internal revenue code of 1986; (B) is conducted no more than once per calendar year by such organization; and (C) has been held during each of the previous three years prior to January 1, 2011; and (11) That portion of a medical or clinical research facility constituting a separately ventilated, secure smoking room dedicated and used solely and exclusively for clinical research activities conducted in accordance with regulatory authority of the United States or the State of Kansas, as determined by the director of alcoholic beverage control of the department of revenue.

10 MASSACHUSETTS Cambridge: Prohibition on Smoking in Public Places [Note: Definition of smoking includes vaping.] searchtext%22:%22smoking%20in%20public%20placews%22,%22pagenum%22:1,%22resultsperpage%2 2:25,%22booleanSearch%22:false,%22stemming%22:true,%22fuzzy%22:false,%22synonym%22:false,%2 2contentTypes%22:%5B%22CODES%22%5D,%22productIds%22:%5B%5D%7D&nodeId=TIT8HESA_CH8.2 8REYOACSATOPRSMWOPUPL Hatfield: [Note: Cannot find actual ordinance, but vaping devices apparently allowed in smoking bars and hotels/motels.] Lynnfield: [Note: Cannot find actual ordinance, but vaping devices apparently allowed in retail vape shops.]

11 MARYLAND Baltimore: Where smoking prohibited. Except as otherwise specified in this subtitle, smoking is prohibited in: (1) any enclosed area to or in which the public is invited or permitted; or (2) any enclosed area that is part of a place of employment. Exceptions Private clubs, smoking bars, tobacconists. (a) In general. This subtitle does not apply to a private club or lodge, a smoking bar, or a retail tobacco establishment that qualifies for an exemption under this section. (b) Qualifications. (1) A private club or lodge qualifies under this section only if it: (i) has a limited membership elected pursuant to its charter or bylaws; (ii) excludes the general public from its premises or place of meeting; (iii) is organized with officers and directors; (iv) holds all property for the common benefit of its members; and (v) does not permit nonmembers to pay a temporary fee to use its premises or attend its meetings. (2) A smoking bar qualifies under this section only if it: (i) is licensed under State Code Article 2B to serve alcoholic beverages; (ii) derives at least 50% of its revenues, measured by average daily receipts, from the sale of non-cigarette tobacco products; (iii) has a ventilation system that prevents smoke from infiltrating into any area where smoking is prohibited under this subtitle; and (iv) prohibits the entry of minors at all times. (3) A retail tobacco establishment qualifies under this section only if it: (i) derives at least 75% of its revenues, measured by average daily receipts, from the sale of non-cigarette tobacco products; (ii) has a ventilation system that prevents smoke from infiltrating into any area where smoking is prohibited under this subtitle; and (iii) prohibits the entry of minors at all times EXCEPTIONS RETAIL SELLERS OF ELECTRONIC SMOKING DEVICES. THIS SUBTITLE DOES NOT APPLY TO THE USE OF ELECTRONIC SMOKING DEVICES IN A BUSINESS ESTABLISHMENT IN WHICH: (1) THE PRIMARY ACTIVITY IS THE RETAIL SALE OF ELECTRONIC SMOKING DEVICES, ACCESSORIES, AND RELATED PRODUCTS; (2) THE SALE OF OTHER PRODUCTS IS INCIDENTAL; AND (3) THE ENTRY OF MINORS IS PROHIBITED AT ALL TIMES EXCEPTIONS ELECTRONIC SMOKING DEVICES IN CERTAIN RESTAURANTS AND TAVERNS. THIS SUBTITLE DOES NOT APPLY TO THE USE OF ELECTRONIC SMOKING DEVICES IN A RESTAURANT OR TAVERN OR IN 1 OR MORE DESIGNATED AREAS OF A RESTAURANT OR TAVERN, AS THE CASE MAY BE, IF

12 THE ESTABLISHMENT NOTIFIES ITS PATRONS AND POTENTIAL PATRONS THAT THE USE OF ELECTRONIC SMOKING DEVICES IS ALLOWED ON OR IN DESIGNATED AREAS OF THE PREMISES, AS THE CASE MAY BE EXCEPTIONS ELECTRONIC SMOKING DEVICES IN VIDEO LOTTERY FACILITY. THIS SUBTITLE DOES NOT APPLY TO THE USE OF ELECTRONIC SMOKING DEVICES IN A FACILITY THAT HAS BEEN AWARDED A VIDEO LOTTERY OPERATION LICENSE BY THE MARYLAND VIDEO LOTTERY LOCATION COMMISSION UNDER STATE GOVERNMENT ARTICLE, TITLE 9, SUBTITLE 1A. BF B93&Options=&Search= MINNESOTA Beltrami County: Jordan: [Note: Cannot find city code, but apparently vaping is allowed in retail vape shops.]

13 MISSOURI City of Washington: Section Where Smoking Not Regulated. A. Notwithstanding any other provision of this Chapter to the contrary, the following areas shall be exempt from the provisions of Sections and : 1. Private residences, unless used as a child-care, adult day-care or health-care facility. 2. Until January 22, 2017, not more than twenty percent (20%) of hotel and motel sleeping rooms rented to guests and designated as smoking rooms. All smoking rooms on the same floor must be contiguous, and smoke from these rooms must not infiltrate into areas where smoking is prohibited under the provisions of this Chapter. The status of rooms as smoking or non-smoking may not be changed, except to add additional nonsmoking rooms. This exemption shall expire on January 22, A pipe factory that as of January 22, 2013, was operating as a pipe factory, if all of the following requirements are met: a. The smoking involves the smoking of a pipe manufactured or produced on the premises and occurs as part of a customer demonstration in an area of the pipe factory that is used only for this purpose. b. Smoke from the specified area of the pipe factory does not infiltrate into enclosed areas where smoking is otherwise prohibited by this Chapter. c. The pipe factory shares no common walls with other establishments or businesses. d. The pipe factory satisfactorily reports on a quarterly basis to the City the quarterly gross sales revenue generated from the sale of pipes as a percentage of overall quarterly gross revenue. The City shall determine whether any additional documentation is required to authenticate or verify revenue data submitted by the pipe factory. e. Any pipe factory that fails to satisfy any of the requirements identified above, including the gross revenue requirements, in any one (1) quarter shall immediately lose its exemption and shall not be eligible for the exemption in the future. 4. Until January 22, 2017, testing of e-cigarettes in retail stores that sell only e-cigarettes and the liquid that is vaporized when using an e-cigarette, commonly known as e-liquid, e-juice, smoke juice or vapor. Serving of alcoholic beverages for consumption by guests on the premises and giving or offering for sale food to the public, guests, or employees shall be prohibited.

14 MISSISSIPPI Tupolo: Sec Exceptions. The following areas shall not be subject to the smoking restrictions of this article: (1) Up to twenty (20) percent of all rooms that are rented to guests in bed and breakfast facilities, hotel and motel rooms may be designated as smoking rooms. (2) Private clubs that have no employees, except when being used for a function to which the general public is invited. (3) Private residences except those being used for a child care, adult day care or healthcare facility. (4) Retail tobacco stores. (5) Retail electronic cigarette stores: provided however, that such stores may only permit the use of electronic cigarettes. NEW YORK New York City: Prohibition of smoking and use of electronic cigarettes. Smoking and using electronic cigarettes are prohibited in all enclosed areas within public places except as otherwise restricted in accordance with the provisions below. [Note: The law specifically lists places where smoking and vaping are prohibited, with a couple exemptions:] 20. Bars; provided however, that smoking shall be permitted in tobacco bars. 21. Tobacco businesses, except that smoking shall be permitted in areas within a tobacco business designated by such business for the purpose of testing or development of tobacco or tobacco products; provided, however, that such areas must all be located on no more than two floors of the building where such business is located Areas where smoking and using electronic cigarettes are not regulated by this chapter. The following areas shall not be subject to the smoking and electronic cigarette restrictions of this chapter; provided however, that nothing in this section shall be construed to permit smoking or using electronic cigarettes where smoking and using electronic cigarettes are otherwise prohibited or restricted by any other law or rule:

15 a. Private residences, except any area of a private residence where a child day care center or health care facility is operated (i) during the times of operation or (ii) during the times when employees are working in such child day care center or health care facility areas; provided, however, that a common area of a multiple dwelling containing ten or more dwelling units shall be subject to smoking and electronic cigarette restrictions. b. Hotel and motel rooms occupied by, or available for, occupancy by guests. c. Private automobiles. d. Retail tobacco stores. e. Enclosed rooms in restaurants, bars, catering halls, convention halls, hotel and motel conference rooms, and other such similar facilities during the time these enclosed areas or rooms are being used exclusively for functions where the public is invited for the primary purpose of promoting and sampling tobacco products or electronic cigarettes, and the service of food and drink is incidental to such purpose, provided that the operator of such function shall have provided notice to the department of health and mental hygiene in a form satisfactory to such department at least two weeks before such a function begins, and such notice has identified the dates on which such function shall occur. No such facility may permit smoking or using electronic cigarettes under this subdivision for more than five days in any calendar year. f. Retail electronic cigarette stores; provided however, that such stores may only permit the use of electronic cigarettes. PENNSYLVANIA Philadelphia: Electronic Smoking Devices. (b) Exceptions The provisions of subsection (a) hereof shall not apply to: a. Any sleeping quarters within a Lodging Establishment in which smoking is permitted pursuant to (3)(b)(.3) of this Code; b. Any Specialty e-cigarette establishment; and c. Any Tobacco Products Distribution Business Smoking in Public Places. (b) Exceptions. The provisions of subsection (3)(a) shall not apply: (1) In a Tobacco Products Distribution Business. (2) In a Specialty Tobacco Establishment, including any such establishment located within an establishment or facility as defined by subsection (2)(c) or (g). (3) Within up to twenty-five percent (25%) of the sleeping quarters within a Lodging Establishment that are available for rent to guests. (4) In a Private Club provided that all of the following conditions are satisfied: (i) the Private Club is in legal operation and has a valid certificate of occupancy and

16 commercial activity license at the time it applies for a waiver; (ii) the Private Club adopts a resolution, by a minimum two-thirds vote of its board or membership (in accordance with its by-laws), approving the filing of a waiver to the Health Department to qualify for an exception from the provisions of subsection (3)(a), and a copy of such resolution is submitted as part of the waiver request; and, all employees of the Private Club are notified in writing at least one week in advance of such vote and the club secretary certifies in writing as part of the waiver request that such notice was provided to all employees; and the Private Club submits with its waiver request a document signed by at least two-thirds of the employees of the Private Club indicating their approval of the waiver request; (iii) the Private Club applies for a waiver from the Health Department no later than June 30, 2010; (iv) prior to receipt of a waiver, the Private Club is not delinquent on the payment of any City or School District taxes, charges, fees, rents or claims, unless such Club has entered into an agreement to pay any such delinquency and is abiding by the terms of such agreement; and prior to receipt of a waiver, the Private Club has no Philadelphia Code violations, and has all required zoning approvals, licenses and permits; (v) the Private Club agrees to notify the Health Department in writing immediately of any changes in the operation of the Private Club that would result in revocation of the waiver; (vi) any such waiver is automatically revoked and cannot be renewed if the Private Club s charter is terminated, if there is a change in the operation of the facility such that it no longer qualifies as a Private Club, or if any liquor license owned by the Private Club is transferred to a new location; and (vii) if a Private Club, or a portion of a Private Club, which has received a waiver is rented, leased or otherwise utilized for an event to which the general public or non-members are invited, no person shall smoke in the Private Club, or in the portion of the Private Club, for the duration of such event. (5) In a Drinking Establishment provided that all of the following conditions are satisfied: (i) the Drinking Establishment is in legal operation and has a valid certificate of occupancy and commercial activity license on the effective date of the Ordinance that added this subsection to The Philadelphia Code and also at the time the Drinking Establishment applies for a waiver hereunder; (ii) (.a) the Drinking Establishment applies for a waiver from the Health Department within ninety (90) days of the effective date of the Ordinance that added this subsection to The Philadelphia Code, or, (.b) in the case of a Drinking Establishment located in the same structure and directly above a tobacco products distribution business where both establishments share more than fifty percent common beneficial ownership, such Drinking Establishment applies for a waiver from the Health Department no later than January 1, 2012; (.c) in the case of a Drinking Establishment located at 3001 Castor Avenue, such Drinking Establishment applies for a waiver from the Health Department no later than 30 days after the effective date of the Ordinance adding this subsection (.c), and qualifies for, and maintains, an exception under the state Clean Indoor Air Act. (iii) all employees of the Drinking Establishment are notified in writing at least one week in advance of such application for a waiver and the owner certifies in writing as part of the waiver request that such notice was provided to all employees; (iv) prior to receipt of a waiver, the Drinking Establishment is not delinquent on the payment of any City or School District taxes, charges, fees, rents or claims, unless such establishment has entered into an agreement to pay any such delinquency and is abiding by the terms of such agreement; and prior to the receipt of a waiver, the Drinking Establishment has no

17 Philadelphia Code violations, and has all required zoning approvals, licenses and permits; (v) the owner must provide the previous tax year s receipts, expenses and revenue figures in such manner as prescribed by the Department of Revenue so as to verify the food and alcohol ratio to qualify for the waiver; (vi) the Drinking Establishment agrees to notify the Health Department in writing immediately of any changes in the operation of the Drinking Establishment, or of any revocation or transfer of a liquor license owned by the Drinking Establishment that would result in revocation of the waiver; (vii) any such waiver is automatically revoked and cannot be renewed if there is a change in the operation of the facility such that it no longer qualifies as a Drinking Establishment, or if any liquor license owned by the Drinking Establishment is revoked or transferred to a new location. conductanda/chapter10-600publicplacesprohibitedcond?f=templates$fn=default.htm$3.0$vid=amlegal:philadelphia_pa$anc=jd_10-614

18 TEXAS Georgetown:

19 WASHINGTON Clark County: Use prohibited in public places and places of employment. (1) The use of inhalant delivery systems in public places and places of employment is prohibited except as set forth in Section (3). Owners, or in the case of a leased or rented space the lessee or other person in charge, shall prohibit the use of inhalant delivery systems in public places and places of employment. (2) Owners, or in the case of a leased or rented space the lessee or other person in charge, of a place regulated under this chapter shall post signs prohibiting use of inhalant delivery systems as appropriate under this chapter. Signs shall be posted conspicuously at each building entrance. In the case of retail stores and retail service establishments, signs shall be posted conspicuously at each entrance and in prominent locations throughout the premises. (Sec. 12 of Ord ) Sampling prohibited. (1) No person shall sell, give or furnish, or cause or allow the sale, giving or furnishing of, inhalant delivery systems to a minor, including any sampling, unless those products have been approved or otherwise certified for legal sale by the FDA and approved for use by minors, and the products are sold, given or otherwise furnished pursuant to that approval and in full compliance with any related Food and Drug Administration rules, regulations or other requirements. (2) No person shall sell, give or furnish, or cause or allow to be sold, given or furnished, any inhalant delivery systems, including sampling, to a minor. (3) Sampling is prohibited in all public places and places of employment with the sole exception that sampling is permitted in an inhalant delivery system store. (4) It is a defense to a prosecution for violation of this section that the person making the sale, gift or otherwise furnishing the product reasonably relied on any of the identifications specified in RCW showing that the purchaser or recipient was at least eighteen (18) years old. (Sec. 1 of Ord ; amended by Sec. 9 of Ord ) (11) Inhalant delivery system store means any business that possesses all of the following characteristics: (a) Within a building or portion thereof; (b) Possessing an independent ventilation system and mitigation measures that prevent transfer of inhalant vapors to neighboring structures; and (c) Which exclusively sells, markets and/or distributes inhalant delivery systems. (Sec. 1 of Ord ; amended by Sec. 5 of Ord ) ClarkCounty2420/ClarkCounty2420.html

20 Grant County: Pierce County: SECTION 13: Vaping Prohibited in Public Places or Places of Employment No person may vape in a public place or in any place of employment. SECTION 14: Sampling No person may offer a sampling of vapor products in a retail outlet to the general public unless the retail outlet exclusively sells vapor products and the following terms and conditions are satisfied. A. Ventilation 1. The permit holder must provide acceptable documentation that the retail outlet has a suitable ventilation system. A suitable ventilation system meets the Smoking Lounge standards for Retail Stores of TABLE 403.3, MINIMUM VENTILATION RATE of the 2012 International Mechanical Code, or the equivalent standards required by the jurisdictional Building Official. 2. Acceptable documentation must be provided and signed by a heating, ventilation, airconditioning and refrigeration (HVAC/R) contractor holding a valid registration with the Department of Labor and Industries pursuant to Chapter RCW, a Professional Engineer, or the jurisdictional Building Official. B. Customers 1. Entry into the premises must be restricted to persons eighteen years of age or older. 2. Sampling must not be used to encourage nicotine addiction by promoting the sampling or vapor products to never users of traditional, tobacco-containing products. C. Vapor Products: E-Juice and Equipment 1. The devices and e-juices used to sample must be owned by the permit holder and provided at no cost solely for the limited and immediate purpose of testing a vapor solution or device. 2. E-juice samples provided to customers must be nicotine-free. 3. Permit holders must have documentation from each e-juice manufacturer verifying that sampled products advertised as not containing nicotine, are nicotine-free. 4. The use in a retail outlet of any vapor product purchased on the premises or brought into the premises by any person is prohibited. 5. The owner and employees of a retail outlet are not permitted to sample or use vape products in the retail outlet. 6. Samples must be offered only within the premises operated by the permittee and the products or devices sampled must not be removed from the premises by the customer.

21 D. No Admission Charge Entry, admission, membership or similar charges or fees associated with access to the retail outlet or sampling are prohibited. E. Duration 1. The permit holder shall not facilitate or allow prolonged use or consumption of samples on the premises of the retail outlet by any person. 2. No more than three (3) customers may sample at one time. F. Lounges The permit holder shall not facilitate or allow prolonged, continuous presence of customers on its premises by equipping the retail outlet with seating arrangements or entertainment, including, but not limited to television viewing, computer stations or video/gaming devices, designed to encourage lounging within the retail outlet. G. Hygiene 1. Sampling techniques and products must be hygienic. 2. Mouthpiece tips provided by the retail outlet must be for single use only. Preferably, the tips should be individually packaged in order to minimize hand contact prior to use. Alternatively, if the tips are packaged together, retail staff must use a method to avoid bare hand contact with the tips prior to their use by the customer (e.g. a mechanized dispenser, single-use gloves, or sanitized tongs). Customers should not be able to touch any tips other than those assigned for their use. SECTION 18: Inspections and Fees A. Retail outlets permitted under these regulations shall be subject to up to two routine compliance inspections each year; and retail outlets that engage in sampling of vapor products shall be subject to up to three routine compliance inspections per year. Snohomish: Section 14.4 Vaping Prohibited in Public Places or Places of Employment No person may use a vapor product in a public place or in any place of employment. Section 14.7 Limited Exception for Sampling of Vapor Products at Specific Permitted Retail Outlets A. The Snohomish Health District is authorized to grant a limited exception to the requirement in Section 14.4 of this Chapter for sampling vapor products within vapor product retail outlets exclusively selling vapor products that meet all requirements defined in this Chapter and are duly permitted according to Section of this Chapter. B. Nothing in this section or chapter may be construed to authorize or approve smoking or the use of vapor products in lounges or other areas that meet the definition of public places or places of employment.

22 WISCONSIN Dane County: Section (8) Exceptions. The following areas shall not be subject to the restrictions of this section: (a) Bed and breakfast, hotel and motel rooms that are rented to guests and are designated as smoking rooms, provided that not more than twenty-five percent (25%) of rooms may be so designated. (b) Private residences, except when used as a childcare or health care facility. (c) Tobacco bars, subject to all of the following: 1. Smoking of tobacco products is permitted. 2. Smoking of cigarettes and cigars is not permitted. 3. Fifteen percent (15%) or more of the tobacco bar s total gross income from the previous fiscal year was from the on-site sale of tobacco products, not including any sales from vending machines. 4. To qualify for this exemption the owner must file written proof subscribed and sworn to by a certified public accountant certifying the tobacco bar s total gross income and the percentage of tobacco product sales from the tobacco bar. The director of Public Health may request further information, including an audit of the tobacco bar s records, if there is reason to believe the financial data may not be accurate. 5. This exemption is only in effect from the date of initial application until the following June 30th, and then from July 1st to June 30th of each year thereafter, upon application. An application for this exemption must be made annually by April 15th of the application year. 6. A tobacco bar that has not previously qualified under this subdivision, may qualify for an exemption if it provides written proof subscribed and sworn to by a certified public accountant certifying that during the previous six (6) months, fifteen percent (15%) or more of the tobacco bar s total gross income was from the on-site sale of tobacco products, not including any sales from vending machines. To qualify under this paragraph, the required certification must be filed no later than ninety (90) days after the above-mentioned six (6) months. This exemption will be in effect through the next full licensing year. After that point in time, the tobacco bar must qualify on a yearly basis for the exemption. 7. Tobacco bars shall display signs, in accordance with the standards in sub. (9), that state that pipes may be smoked in the tobacco bar, that cigarettes may not be smoked in the tobacco bar, and warning of the dangers of secondhand smoke, in language and form as approved by the director of Public Health. (d) Retail electronic delivery device stores subject to the following: 1. The store may provide electronic delivery devices and accessories for the purposes of sampling; 2. The store must have an entrance opening directly to the outside; 3. Smoking of tobacco products is prohibited; and 4. Service of food is not permitted.

23 Janesville: Exceptions The prohibition against smoking in does not apply to the following: A. A private residence. B. A room used by only one person in an assisted living facility as his or her residence. C. A room in an assisted living facility in which 2 or more persons reside if every person who lives in that room smokes and each of those persons has made a written request to the person in charge of the assisted living facility to be placed in a room where smoking is allowed. D. A retail tobacco store that is in existence on June 3, 2009, and in which only the smoking of cigars and pipes is allowed. E. A tobacco bar that is in existence on June 3, 2009, and in which only the smoking of cigars and pipes is allowed. F. A retail electronic delivery device store may provide and permit the use of electronic delivery devices and accessories for the purpose of sampling. &cr=1 Madison: 22:%22smoking%22,%22pageNum%22:1,%22resultsPerPage%22:25,%22booleanSearch%22:false,%22stemming%2 2:true,%22fuzzy%22:false,%22synonym%22:false,%22contentTypes%22:%5B%22CODES%22%5D,%22productIds%2 2:%5B%5D%7D&nodeId=Chapter%2023%20Offenses%20Against%20Public%20Policy