Implementing Smokefree Policy Exemptions for Private Clubs – 3/31/10

Q: Under Kansas’s new smokefree law, private clubs licensed before January 2009 that want to remain smoking must notify the Kansas Department of Health and Environment (KDHE) Secretary within 90 days of implementation. Do any other states have an exemption for businesses that must notify an agency if they want to remain smoking?  If any other states have a similar provision, are there any suggested protocols or examples of forms that states could share? Any assistance you can provide would be very helpful.

A:

1. Arkansas 1: In Arkansas, an establishment must ‘claim’ an exemption to the clean indoor air act – i.e. tell the government that they will only allow people over 21 into their establishment at all times and they will allow smoking.  This is allowed by current AR law – it is one of our exemptions.  THEN, we are a complaint driven law – such that someone must complain that, e.g., someone under 21 was in the establishment – and therefore, out of compliance with the law.  The establishment can then be ‘inspected’ and potentially found in violation of the law.  BUT – someone must complain first!
    
2. Arkansas 2: The Arkansas Clean Indoor Air Act of 2006 (CIAA) does allow some exemptions, but fortunately, not many people claim them.  Those who want to be exempt from the law must fill out an exemption form and submit it to the Arkansas Department of Health, Office of Environmental Health Protection.  The applicant is notified later that exemption has been accepted and that should display the required warning sign.  See exemption form and warning sign at: www.arcleanair.com.
    
   Enforcement of the CIAA is complaint driven; we educate the community and the public may submit a complaint on the www.arcleanair.com website, by calling our toll free number, or by mail. The Arkansas Department of Health, Office of Environmental Health Protection receives complaints and follows their protocol. The protocol flow chart for enforcement is attached.  This document is a draft version, but still it gives you the idea of what we do for enforcement. Also attached are samples of first and second violation letters that are sent to those businesses that are visited and found in violation.  After a second letter, the case is passed to the legal department.
   
   Click to find more information.
    
3. Iowa: Iowa doesn’t have this provision in our law, but we do have a set of criteria that must be met for a private club to be automatically exempt.
    
4. Michigan: The Michigan law exempts tobacco specialty stores and cigar bars. Our website contains the affidavits (applications for exemption) that the businesses must submit.  The Tobacco Program will review and approve or deny the applications.  We are requesting multiple documents be submitted with the affidavits.  I think this will likely deter some businesses from applying for the exemption.  Also, many of the applications may be denied due to not including the requested documents.  According to the bill, the applications need to be submitted by June 1.
    
5. West Virginia: West Virginia has no experience in this regard...

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