§ 122C-6. Smoking prohibited; penalty. - North Carolina Statutes

§ 122C‑6.  Smokingprohibited; penalty.

(a)        Smoking isprohibited inside facilities licensed under this Chapter. As used in thissection, "smoking" means the use or possession of any lighted cigar,cigarette, pipe, or other lighted smoking product. As used in this section,"inside" means a fully enclosed area.

(b)        The person whoowns, manages, operates, or otherwise controls a facility subject to thissection shall:

(1)        Conspicuously postsigns clearly stating that smoking is prohibited inside the facility. The signsmay include the international "No Smoking" symbol, which consists ofa pictorial representation of a burning cigarette enclosed in a red circle witha red bar across it.

(2)        Direct any personwho is smoking inside the facility to extinguish the lighted smoking product.

(3)        Provide writtennotice to individuals upon admittance that smoking is prohibited inside thefacility and obtain the signature of the individual or the individual'srepresentative acknowledging receipt of the notice.

(c)        The Department mayimpose an administrative penalty not to exceed two hundred dollars ($200.00)for each violation on any person who owns, manages, operates, or otherwisecontrols a facility licensed under this Chapter and fails to comply withsubsection (b) of this section. A violation of this section constitutes a civiloffense only and is not a crime.

(d)        This section doesnot apply to State psychiatric hospitals. (2007‑459, s. 3.)