Public
information
Carlton County Smoke-Free
Public Places and Places of Work Ordinance
In February 2007, the Carlton
County Board of Commissioners passed a comprehensive smoke-free
workplace ordinance that affects all workplaces and public places in
Carlton County. The purpose of the ordinance is to protect the
health, safety, and welfare of county residents, employees and
visitors from the health risks associated with exposure to
secondhand smoke. On June 1, 2007, all workplaces and public places
in Carlton County will be subject to the smoke-free ordinance.
How does the ordinance affect restaurants, bars, and workplaces?
Smoking is not allowed in any
enclosed, indoor area used by the public or serving as a place of
work. A “place of work” is any enclosed, indoor area where two or
more individuals perform any type of service for payment or perform
any type of service for which individuals are ordinarily paid. This
includes, but is not limited to, restaurants, bars, stores, offices,
factories, and home businesses if there are two or more employees.
In order to prevent smoke from entering the building, smoking is
also not permitted within 25 feet of entrances, exits, open windows
and ventilation intakes of public places and places of work.
Does the ordinance apply to private and social clubs such as the
VFW, Moose, Country Clubs, Alano, etc.?
Yes. Enclosed, indoor areas of
private clubs and rooms used for private meetings or social events
are considered “places of work” when two or more persons acting as
employees perform services such as cleaning, catering, food or
beverage service, maintenance, or other support services in that
location. The ordinance also applies when two or more persons
voluntarily perform services for which persons are ordinarily paid.
Will my break room at work be smoke-free?
Yes, all indoor spaces at work
sites and the 25 foot perimeter outside of entrances, exits, open
windows, or vents, will be smoke-free.
What places or events are excluded from the smoking ban? The
ordinance does not apply to:
• private residences
• motor vehicles
• sleeping rooms of hotels or motels that are rented to guests
• the use of tobacco as part of a traditional Indian spiritual or
cultural ceremony
In areas where the smoke-free ordinance does not apply, can a
business owner still prohibit smoking?
Nothing in this ordinance
prevents a business owner, or other person in charge, from adopting
more restrictive measures to protect people from secondhand smoke
exposure. This includes any residence, motor vehicle, hotel rooms,
or outdoor space.
What is the penalty for a violation of this ordinance?
First violation of this
ordinance is a petty misdemeanor. Subsequent violations are
misdemeanors.
How does this differ from the new Minnesota law effective October
1st?
There are a couple
differences. The most noticeable difference is that the statewide
law only prohibits smoking in indoor spaces, whereas Carlton
County’s ordinance prohibits smoking in indoor spaces as well as
within 25 feet from all entrances, exits, open windows, and
ventilation intakes. The statewide law takes effect on October 1,
2007, and Carlton County’s ordinance takes effect on June 1st, 2007.
Business Information
Carlton
County Smoke-Free Public Places and Places of Work Ordinance
In February 2007, the Carlton County Board of Commissioners passed a
comprehensive smoke-free workplace ordinance that affects all
workplaces and public places in Carlton County. The purpose of the
ordinance is to protect the health, safety, and welfare of county
residents, employees and visitors from the health risks associated
with exposure to secondhand smoke. On June 1, 2007, all workplaces
and public places in Carlton County will be subject to the
smoke-free ordinance.
How does the ordinance affect restaurants, bars, and workplaces?
Smoking is prohibited in any
enclosed, indoor area used by the public or serving as a place of
work or break area. A “place of work” is any enclosed, indoor area
where two or more individuals perform any type of service for
payment or perform any type of service for which individuals are
ordinarily paid. This includes, but is not limited to, restaurants,
bars, stores, offices, and factories.
Does the smoke-free ordinance apply to private clubs?
Yes. Enclosed, indoor areas of
private clubs and rooms used for private meetings or social events
are considered “places of work” when two or more persons acting
under an employment relationship perform services such as cleaning,
catering, food or beverage service, maintenance, or other support
services in that location. The ordinance also applies when two or
more persons voluntarily perform services for which persons are
ordinarily paid.
What places or events are excluded from the smoke-free ordinance?
The ordinance does not apply to:
• private residences
• motor vehicles
• sleeping rooms of hotels or motels that are rented to guests
• the use of tobacco as part of a traditional Indian spiritual or
cultural ceremony
Does the ordinance apply to outdoor areas of a restaurant or bar?
Yes. No person shall smoke in
public places and places of work including outdoor dining or bar
areas of food establishments. Fifty percent of outdoor seating may
be designated as a smoking area if appropriately signed as a smoking
permitted area. This area may not be within 25 feet of entrances,
exits, open windows or ventilation intakes of public places or
places of work.
As a proprietor, am I required to post any signs?
The proprietor or other person
in charge of any place where smoking is prohibited must post no
smoking signs that comply with the Minnesota Clean Indoor Air Act
Rules, Minnesota Rules Part 4620.0500.
As a proprietor, am I required to remove ashtrays or other
smoking paraphernalia?
The proprietor or other person
in charge must ensure that no ashtrays, lighters and matchbooks are
provided in any area where smoking is prohibited.
As a proprietor, am I
required to enforce the ordinance?
The proprietor or other person
in charge must ask any person who is smoking in a prohibited area to
stop smoking, and, if the person does not comply after being asked
to do so, the proprietor or other person in charge must ask the
person to leave. Call your local law enforcement if this method is
unsuccessful.
No employer may discharge, refuse to hire, penalize, discriminate
against, or in any manner retaliate against any employee, applicant
for employment, or customer because the employee or customer
exercises any right to a smoke-free environment provided by this
ordinance or other law.
Nothing in this ordinance prevents a proprietor, or other person in
charge, from prohibiting smoking in places where smoking is not
prohibited by this ordinance or other law, such as in a motor
vehicle or outdoor space.
What is the penalty for a violation of this ordinance?
A violation of this ordinance
is a petty misdemeanor for the first offense, and a misdemeanor for
subsequent offenses.
Where can I get more information about this ordinance?
Carlton County’s website
(http://www.co.carlton.mn.us/) has the full text of the ordinance
#29 Smoke-Free Public Places and Places of Work Ordinance. For
enforcement issues, contact your local law enforcement. For
questions about what the law means, contact the Carlton County
Attorney’s office, (218) 384-9166. Other questions direct to Carlton
County Public Health Department, (218) 879-4511.
If I have employees or patrons who want to quit smoking, are
resources available?
Yes. Contact your health
insurance plan for counseling provided often at no cost to you. If
you have no health insurance, contact QUITPLAN® Services for
telephone, web-based, or one-on-one counseling available at little
or no cost. A comprehensive list of numbers to call for help to quit
smoking is available–request a packet from the public health
department, (218) 879-4511.
How do I report violations of the ordinance that I observe?
Contact local law enforcement.
How does this differ from the new Minnesota law effective October
1st?
There are a couple
differences. The most noticeable difference is that the statewide
law only prohibits smoking in indoor spaces, whereas Carlton
County’s ordinance prohibits smoking in indoor spaces as well as
within 25 feet from all entrances, exits, open windows, and
ventilation intakes. The statewide law takes effect on October 1,
2007, and Carlton County’s ordinance takes effect on June 1st, 2007.
