Effective July 1, 2010, smoking is prohibited in most of the following indoor locations in Kansas:
- Public places
- Places of employment
- Within 10 feet of any doorway, open window or air intake where smoking is prohibited
Steps for Businesses
- Adopt a written smoking policy to prohibit smoking in all areas of employment and communicate this policy to all current employees and all new employees upon hiring. View a sample policy.
- Remove all ashtrays and matches.
- Post a no smoking sign. Signs are available for free! Download a printable sign or to request to receive signs by mail.
- Ask any person violating the law to stop smoking. Remind your customers of the law and politely explain they must step outside to smoke. Also train your staff regarding what to say to customers, for example: “We’re now smoke-free, you’ll have to put out your cigarette,” or “The new law prohibits smoking indoors. Thanks for your cooperation.”
- Refuse service to any person who continues to violate the law.
- Ask any person violating the law to leave.
- Notify law enforcement if the person refuses to comply.
Fines, for owners/operators and smokers:
- 1st violation = not more than $100
- 2nd violation within 1 year = not more than $200
- 3rd and additional violations within 1 year = not more than $500 per violation
- Each individual smoking in an establishment where smoking is prohibited is a separate violation for the business.
The following locations are exempt from the Indoor Clean Air Act:
- Tobacco shops that derive not less than 65% of gross receipts from the sale of tobacco
- Gaming floors of lottery gaming facilities or racetrack gaming facilities
- Up to 20% of hotel/motel sleeping rooms
- Designated indoor areas of private outdoor recreational clubs (i.e. golf clubs, hunting clubs) where minors are prohibited.
- Designated smoking areas of adult care homes and long-term care facilities
- Class A and B private clubs licensed before January 1, 2009, that notified the Secretary of the Kansas Department of Health and Environment by September 28, 2010, of their intent to allow smoking.
Note: Please be advised that the local city or county smoking laws remain in effect and may be stricter than the state law.