Effective December 8, 2006, The Nevada Clean Air Act prohibits smoking in most public places and indoor places of employment. The law also allows local governments to adopt and enforce local tobacco control measures more stringent than the state law.
What is the purpose of the Nevada Clean Indoor Air Act?1
The purpose of the Nevada Clean Indoor Air Act (the “Act”) is to protect children and families from secondhand smoke in most public places, excluding stand-alone bars and gaming areas of casinos.
Where is smoking prohibited under the Act?
The Act bans smoking tobacco in any form within indoor places of employment including, but not limited to, child care facilities; movie theatres; video arcades; government buildings and public places; malls and retail establishments; all areas of grocery stores; all indoor areas within restaurants; and in school buildings and on school property.
Where is smoking not prohibited under the Act?
Smoking is not prohibited in areas within casinos where loitering by minors is already prohibited by state law pursuant to NRS 463.3502; stand-alone bars, taverns and saloons; strip clubs or brothels; retail tobacco stores; and private residences, including private residences which may serve as an office workplace, except if used as a childcare, an adult day care or a health care facility.
Smoking is not prohibited in areas within casinos where loitering by minors is already prohibited by state law pursuant to NRS 463.350. How is “casino” defined in the Act?
Casino is defined as “an entity that contains a building or large room devoted to gambling games or wagering on a variety of events. A casino must possess a nonrestricted gaming license as described in NRS 463.01773 and typically uses the word ‘casino’ as part of its proper name.”
Smoking is not prohibited in stand-alone bars, taverns and saloons. How is “stand-alone bar, tavern or saloon” defined in the Act?
“Stand-alone bar, tavern or saloon” is defined as “an establishment devoted primarily to the sale of alcoholic beverages to be consumed on the premises, in which food service is incidental to its operation4, and provided that smoke from such establishments does not infiltrate into areas where smoking is prohibited under the provisions of this Act.
Smoking is now prohibited within restaurants but not in stand-alone bars, taverns and saloons. Is it possible to serve food in one area of a restaurant and allow smoking in another area of the restaurant?
A stand-alone bar, tavern or saloon must be housed in either: (1) a physically independent building that does not share a common entryway or indoor area with a restaurant, public place or any other indoor workplaces where smoking is prohibited by this Act, or (2) a completely enclosed area of a larger structure, such as a strip mall or an airport, provided that indoor windows must remain shut at all times and doors must remain closed when not actively in use. Therefore, a restaurant may include a bar, tavern or saloon area where smoking is allowed if the bar, tavern or saloon area is a “completely enclosed area” which is defined as “an area that is enclosed on all sides by any combination of solid walls, windows or doors that extend from the floor to the ceiling.”
1 Nevada Clean Indoor Air Act Initiative Petition, November 2006.
2 A person under the age of 21 years shall not: (b) loiter, or be permitted to loiter, in or about any room or premises wherein any licensed game, race book, sports pool or pari-mutuel wagering is operated or conducted. NRS 463.350(b).
3 NRS 463.0177 defines “nonrestricted license” and “nonrestricted operation” as: (1) [a] state gaming license for, or an operation consisting of, 16 or more slot machines; (2) [a] license for, or operation of, any number of slot machines together with any other game, gaming device, race book or sports pool at one establishment; (3) [a] license for, or the operation of, a slot machine route; (4) [a] license for, or the operation of, an inter-casino linked system; or (5) [a] license for, or the operation of, a mobile gaming system.
4 The Act defines “incidental food service or sales” as “the service of prepackaged food items including, but not limited to, peanuts, popcorn, chips, pretzels or any other incidental food items that are exempt from food licensing requirements pursuant to subsection 2 of NRS 446.870.”
This Client Alert has been prepared by Lewis and Roca LLP for informational purposes only and is not legal advice. Readers should seek professional legal advice on matters involving these issues.
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