Comparison of Clean Indoor Air Acts

Laws in blue must be followed in the city of El Dorado

Act 8 laws apply to the rest of Union County.

Area of Difference	El Dorado Smoke free and Healthy Air Act of 2006	Arkansas Clean Indoor Air Act of 2006 (Act 8)

“Restaurant” definition:	Includes outdoor dining areas, including but not limited to patios, decks, balconies, and wherever food and beverage is being served as areas where smoking is prohibited.	Includes a bar area within any restaurant. Allows smoking in an outdoor seating area such as a patio.
Designated smoking areas at places of employment:	Allows interior areas of places of employment to be designated as a smoking area if it is separate from dining or break areas and work areas. Requires interior area to be permanently enclosed with separate ventilation exhausted directly to the outside by an exhaust fan to prohibit infiltration to other areas of the workplace.	Prohibits smoking in all enclosed areas within places of employment. Does not allow exemptions based on the type or design of the ventilation system. Smoking will be allowed in areas that have openings that encompass at least half of at least one prominent wall, so long as the openings cannot be closed or locked.
Smoking outdoors:	Prohibits smoking in the seating areas of all outdoor arenas, stadiums, and amphitheatres.	Does not regulate smoking outdoors.
Smoking distance from public entrance:	Smoking is prohibited within a 25-foot arc from any means of entrance where smoke could infiltrate, such as a door, window, ventilation system, or other means. If the entrance is from a public thoroughfare such as a sidewalk or ally, the arc shall be 10 feet. The arc shall be measured from the center point of any ventilation intake opening.	The distance from the door is not specified, however, it should be far enough from the door to prevent the smoke from infiltrating into the enclosed area of the business.
Hotel and motel rooms:	No more than approximately 1/3 of rooms rented to guests may be designated as smoking rooms. (If hotels in the city have 25 or less rooms only 1/3 of the rooms may be designated as smoking) All smoking rooms on the same floor must be contiguous and smoke from these rooms must not infiltrate into areas where smoking is prohibited under provisions of this Article. The status of the rooms as smoking or nonsmoking may not be changed, except to add additional nonsmoking rooms.	If a hotel or motel has more than 25 guest rooms, not more than 20% may be designated as exempt from the law. Hotels and motels with 25 or less guest rooms may apply for an exemption from the law.
Nursing home exemptions:	Private and semiprivate rooms in nursing homes and long-term care facilities that are occupied by one or more persons, all of whom are smokers and have requested in writing to be placed in a room where smoking is permitted; provided that smoke from these places does not infiltrate into areas where smoking is prohibited under this Article.	Areas within long-term care facilities that are designated by the facility as a smoking area or for supervised patient smoking only.
Exemptions for bars and restaurants:	Bars and restaurants that deny access to any person under the age of 18 and do not employ any person under the age of 18. Any private rooms in such places that are permanently enclosed and have an air handling system independent from the main air handling system that serves all other areas of the building and all air within the private room is exhausted directly to the outside by an exhaust fan of sufficient size. Signs must be posted indicating that smoking is allowed and persons under 18 are not.	Bars and restaurants that prohibit at all times all persons less than 21 years of age from entering the premises, if secondhand smoke does not infiltrate into areas where smoking is prohibited under this subchapter. They must apply for an exemption, and if approved, must display a health warning sign as defined by the Board of Health.
Posting of signs:	“No Smoking” signs or the international “No Smoking” symbol (burning cigarette enclosed in red circle with a red bar across it) shall be clearly and conspicuously posted in every public place and place of employment where smoking is prohibited by the owner, operator, manager, or person in control of that place. Every public place and place of employment shall post at every entrance a conspicuous sign stating that smoking is prohibited. The owner, operator, manager, or person having control of the area shall remove all ashtrays from any area where this Article prohibits smoking. For those establishments satisfying the criteria of Sec. 10008, G. a sign visible from ten feet or further from all entrances shall be posted stating “Smoking Permitted, No one under 18 allowed even if accompanied by an adult.”	“No Smoking” signs or the international “No Smoking” symbol (burning cigarette enclosed in red circle with a red bar across it) may be clearly and conspicuously posted by the owner, operator, manager, or other person in control in every public place and place of employment where smoking is prohibited by this subchapter. The owner, operator, manager, or person in control of any area where smoking is prohibited by this subchapter shall remove all ashtrays from the area, unless an ashtray is permanently affixed to an existing structure before the effective date of this act. Exempt bars and restaurants are required to post signs to designate that smoking is allowed. The signs shall be at least 11 inches wide and 8.5 inches tall. The words “HEALTH WARNING” shall be in capital letters at least ½ inch high and ½ inch wide. The words “THIS IS A SMOKING AREA. OCCUPANTS WILL BE EXPOSED TO SENCONDHAND SMOKE. IT IS UNLAWFUL FOR ANYONE UNDER 21 YEARS OF AGE TO ENTER OR WORK IN ANY PART OF THE ESTABLISHMENT AT ALL TIMES.” Shall be in capital letters at least ¼ inch high and ¼ inch wide. The words “ARKANSAS STATE BOARD OF HEALTH, 2006” shall be in capital letters at least 1/8 inch high and 1/8 inch wide. The lettering shall contrast with the background. The sign must be conspicuously placed at a height and location easily seen by a person entering the establishment and must not be obscured in any way. Signs must remain posted and in good condition.
Enforcement	The El Dorado City Police and Fire Marshall or an authorized designee shall enforce the El Dorado Smoke-free and Healthy Air Act of 2006. Citizens may register a complaint with the City police. The Police Department, Fire Department, City Inspector, or their designees shall, while an establishment is undergoing otherwise mandated inspections, inspect for compliance with this Article. The Mayor or Council or any person aggrieved by the failure of the owner, operator, manager, or other person in control of a public place or a place of employment to comply with the provisions of this article may apply for injunctive relief to enforce those provisions in any court of competent jurisdiction.	Complaints are tracked and investigated in accordance with DHHS Division of Health protocol and may result in a hearing before the Arkansas State Board of Health. Employees and the public may report violations of the law to 1-800-235-0002, www.ARCleanAir.com, or the health department.
Penalties	A person who smokes in a prohibited area shall be guilty of an infraction punishable by: A fine not to exceed $100 for a 1^st violation. A fine not to exceed $200 for a 2^nd violation within 1 year. A fine not to exceed $500 for each additional violation within 1 year. A person who owns, manages, operates, or controls a public place or place of employment and who fails to make reasonable efforts to comply with the provisions of this Article shall be guilty of an infraction, punishable by the same fines listed above. In addition, the violation may result in the suspension or revocation of any permit or license issued to the person for the premises on which the violation occurred. Each day on which the violation occurs shall be considered a separate and distinct violation. Violation of this Article is declared to be a public nuisance, which may be abated by the Mayor or his designee by restraining order, preliminary and permanent injunction, or other means provided for by law, and the City may take action to recover the costs of the nuisance abatement.	Violations are monitored by the AR State Board of Health, which may assess civil penalties up to $1000 per violation. Each day of a continuing violation may be deemed a separate violation for purposes of penalty assessments. The Board of Health shall report any violation to the applicable licensing authority, if any. An entity licensed by the Board or Department may have its license suspended or revoked. The enforcement process may also include concurrent criminal penalties up to $500 per violation. No penalty may be assessed until the person charged with the violation has been given the opportunity for a hearing on the violation.