§ 130A-498. Local governments may restrict smoking in public places. - North Carolina Statutes

Part 2. Local GovernmentRegulation of Smoking.

§ 130A‑498.  Localgovernments may restrict smoking in public places.

(a)        Except as otherwiseprovided in subsection (b1) of this section, and notwithstanding any otherprovision of Article 64 of Chapter 143 of the General Statutes to the contrary,a local government may adopt and enforce ordinances, board of health rules, andpolicies restricting or prohibiting smoking that are more restrictive thanState law and that apply in local government buildings, on local governmentgrounds, in local vehicles, or in public places. A rule or policy adopted onand after July 1, 2009 pursuant to this subsection by a local board of healthor an entity exercising the powers of a local board of health must be approvedby an ordinance adopted by the Board of County Commissioners of the county towhich the rule applies. The definitions set forth in G.S. 130A‑492 inPart 1A of this Article apply to this section and shall apply to any localordinance, rule, or law adopted by a local government under this section.

(b)        Repealed by SessionLaws 2009‑27, s. 1, effective January 2, 2010.

(b1)      A local ordinance orother rules, laws, or policies adopted under this section may not restrict orprohibit smoking in the following places:

(1)        A private residence.

(2)        A private vehicle.

(3)        A tobacco shop ifsmoke from the business does not migrate into an enclosed area where smoking isprohibited pursuant to this Article. A tobacco shop that begins operation afterJuly 1, 2009, may only allow smoking if it is located in a freestandingstructure occupied solely by the tobacco shop and smoke from the shop does notmigrate into an enclosed area where smoking is prohibited pursuant to thisArticle.

(4)        All of the premises,facilities, and vehicles owned, operated, or leased by any tobacco productsprocessor or manufacturer, or any tobacco leaf grower, processor, or dealer.

(5)        A designated smokingguest room in a lodging establishment. No greater than twenty percent (20%) ofa lodging establishment's guest rooms may be designated smoking guest rooms.

(6)        A cigar bar if smokefrom the cigar bar does not migrate into an enclosed area where smoking isprohibited pursuant to this Article. A cigar bar that begins operation afterJuly 1, 2009, may only allow smoking if it is located in a freestandingstructure occupied solely by the cigar bar and smoke from the cigar bar doesnot migrate into an enclosed area where smoking is prohibited pursuant to thisArticle. To qualify under this subsection, the cigar bar must satisfactorilyreport on a quarterly basis to the Department, on a form prescribed by theDepartment, the revenue generated from the sale of alcoholic beverages andcigars as a percentage of quarterly gross revenue. The Department shalldetermine whether any additional documentation is required of the cigar bar toauthenticate or verify revenue data submitted by the cigar bar. Thissubdivision shall not apply to any business that is established for the purposeof avoiding compliance with this Article.

(7)        A private club.

(8)        A motion picture,television, theater, or other live production set. This exemption applies onlyto the actor or performer portraying the use of tobacco products during theproduction.

(c)        Repealed by SessionLaws 2009‑27, s. 1, effective January 2, 2010.

(c1)      Continuing to smokein violation of a local ordinance or other rules, laws, or policies adoptedunder this section constitutes an infraction, and the person committing theinfraction may be punished by a fine of not more than fifty dollars ($50.00).Conviction of an infraction under this section has no consequence other thanpayment of a penalty. A person smoking in violation of a local ordinance orother rules, laws, or policies adopted under this section may not be assessed courtcosts.

(d)        Repealed by SessionLaws 2009‑27, s. 1, effective January 2, 2010.

(d1)      Notwithstanding G.S.130A‑25 or any other provision of law, a violation of a local ordinance,rule, law, or policy adopted under this section shall not be punishable as amisdemeanor.

(d2)      A local governmentmay enforce an ordinance, rule, law, or policy under this section against aperson who manages, operates, or controls a public place only as provided inG.S. 130A‑22(h1).

(e)        A county ordinanceadopted under this section is subject to the provisions of G.S. 153A‑122. (2007‑193,ss. 2, 3.1; 2007‑484, s. 31.7; 2008‑95, s. 1; 2008‑149, s. 4;2009‑27, s. 1.)