Frequently Asked Questions About The Lincoln Smoking Ordinance This document will be updated as more questions arise.

Definition: For the purpose of this document, business owners, managers, and persons-in-charge will be referred to as the "person-in-charge".

• What is the purpose of the smoking ban?
• To what businesses does this ordinance apply?
• What constitutes an indoor area?
• Are businesses required to provide an outdoor smoking area?
• Is there a distance requirement away from the door where smokers can smoke outside?
• Who does a business owner contact to learn about code requirements for outdoor areas?
• Who enforces this ordinance and how will it be enforced?
• Since the majority of investigations will be based on complaints from customers or employees, how will these complaints be handled?
• What is the responsibility of the person-in-charge when a customer/employee lights up indoors?
• What steps should a business person-in-charge take if a customer/employee refuses to comply with the law?
• Will the business be ticketed if a pack of cigarettes is lying on a table?
• Is smoking allowed in business-owned vehicles?
• Is smoking allowed in private offices?
• Can people smoke in a business when it is NOT open to the public such as after hours, on weekends, or on holidays?
• Is smoking allowed in businesses that have large overhead doors?
• Is smoking allowed in private clubs?
• How do I implement a smokefree policy?
• What resources are available to help employees quit smoking?

What is the purpose of the smoking ban?
The purpose of this ordinance is to protect workers and the public from exposure to secondhand smoke. Exposure to secondhand smoke is a documented health hazard resulting in more than 50,000 deaths per year making it the third most common cause of preventable death. It is linked to heart disease, many cancers, asthma, emphysema and other respiratory diseases, ear infections and respiratory diseases in children, Sudden Infant Death Syndrome, and a variety of other health conditions. Prohibiting smoking in indoor environments is an effective public health policy to lessen or prevent disease, to help smokers reduce or quit smoking, and to keep youth from starting to use tobacco.

To what businesses does this ordinance apply?
This ordinance applies to all businesses including private clubs. The only exemptions to this ordinance are businesses in private residences, scientific or analytical laboratories that are conducting research into the health effects of smoking, and hotels/motels/inns that may designate up to 20% of their guestrooms or suites as smoking which must be identified with permanent signs.

What constitutes an indoor area?
An "indoor area shall mean an area enclosed by a floor, ceiling, and floor to ceiling walls on all sides that are continuous and solid except for closeable entry/exit doors and windows."

Are businesses required to provide an outdoor smoking area?
No. Whether or not businesses provide an outdoor smoking area is an individual business decision.

Is there a distance requirement away from the door where smokers can smoke outside?
There is no distance requirement identified in the ordinance, however businesses are asked to identify a smoking area that is away from the front door and air intake vents.

Who does a business owner contact to learn about code requirements for outdoor areas?
All designs for outdoor spaces must be reviewed and approved by both Building and Safety and the Health Department. Building and Safety will route the designs to the Health Department. Prior to making physical changes to a property, contact Building and Safety:

For questions related to compliance with the Lincoln Smoking Regulation Act, contact Chris Schroeder, Lincoln Lancaster County Health Department Plan Reviewer, at 441-8040.

Who enforces this ordinance and how will it be enforced?
This ordinance will be enforced by both the Lincoln Police Department and the Lincoln-Lancaster County Health Department. The Lincoln Police Department has the authority to write tickets to business persons-in-charge who are allowing smoking to occur in the business and to individuals who are smoking in a business. Prior to January 1, 2005, all complaints from the public and/or employees regarding smoking in a business will be addressed initially with a courtesy letter to the business person-in-charge informing them of the complaint. Further complaints will be addressed with personal visits by Health Department staff and could lead to inspections by the Lincoln Police Department to determine compliance with the law. Both the health and law enforcement agencies are authorized to inspect a place of employment or public place at any reasonable time to determine compliance.

Since the majority of investigations will be based on complaints from customers or employees, how will these complaints be handled?
Customers and employees may call the Health Department to submit a complaint about smoking in a business. The businesses will initially receive a letter from the Health Department informing them of the complaint. Further complaints will be addressed with inspections by the Health Department and/or Lincoln Police Department. Citizens can also contact the police directly at the non-emergency number, 441-6000 at anytime.

What is the responsibility of the person-in-charge when a customer/employee lights up indoors?
The person-in-charge of the business must ask that individual to refrain from smoking in the establishment. Failure to do so could result in a citation.

What steps should a business person-in-charge take if a customer/employee refuses to comply with the law?
If the person-in-charge has asked the individual to refrain from smoking and the individual refuses to comply, the person-in-charge may call the Lincoln Police Department at the non-emergency number, 441-6000, to ask for assistance with that individual.

Will the business be ticketed if a pack of cigarettes is lying on a table?
Violations of the law include smoking in the establishment and allowing smoking in the establishment.

Is smoking allowed in business-owned vehicles?
Whether or not to allow smoking in business-owned vehicles is an individual business decision.

Is smoking allowed in private offices?
Smoking is not allowed in private offices in businesses unless the business and its office is located in a private residence.

Can people smoke in a business when it is NOT open to the public such as after hours, on weekends, or on holidays?
No. Smoking is prohibited at all times in businesses that are not exceptions to the ordinance (private residences, research laboratories meeting the identified criteria, or hotel/motel guestrooms/suites).

Is smoking allowed in businesses that have large overhead doors?
No. Smoking is prohibited in businesses that are not exceptions to the ordinance.

Is smoking allowed in private clubs?
No. Smoking is not allowed in private clubs. They are not an exception to the ordinance.

How do I implement a smokefree policy?

• Inform customers and employees that all businesses in Lincoln are smokefree and are expected to comply with the law.
• Post "NO SMOKING" signs in visible places, including entrances and restrooms. ("No Smoking" signs, table tents, and door decals are available at no charge through the Lincoln-Lancaster County Health Department at 441-6225.)
• Remove ashtrays.
• Place cigarette butt receptacles outside the business in areas away from entry doors and air intake vents.
• Develop personnel procedures that include when and where smoke breaks can be taken and what happens when an employee violates the policy.
• Train employees about the law, including what to say to smoking customers.

What resources are available to help employees quit smoking?
The Health Department is currently working with a range of partners including hospitals, community centers, cultural centers and churches. The objective of this partnership is to provide opportunities for people to quit using tobacco and to participate in tobacco cessation support groups if they desire. Free smoking cessation classes and support group leader training will be offered from December through May 2005.

Support is also available through the National Quitline - (1-800-QUITNOW) that puts users in touch with programs that can help them give up tobacco. In addition, a new website (www.smokefree.gov) offers on-line advice and downloadable information to make cessation easier.

Cessation Web Sites:

For further questions or more information on any of the topics discussed in this document, call the Lincoln-Lancaster County Health Department at 441-6225.