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State-wide Smoking Ban
State-wide Smoking Ban

In the spring of 2006, Colorado lawmakers passed the Colorado Clean Indoor Air Act to protect the health of both the public and employees by reducing their exposure to secondhand smoke.  Effective July 1, 2006 restaurants, bars, and other indoor establishments in Colorado must be 100% smoke-free inside at all times.   However, some "tobacco bars with humidors" are exempt from the law.  

Entryways- the 15 Foot Rule
 
Smoking is prohibited 15 feet from any main entryway.
 
What’s Included in the Law?
Beginning July 1, 2006, smoking will no longer be allowed in most indoor public places including (but not limited to):

* Restaurants, bars, gaming facilities such as bingo halls, billiard or pool halls, bowling alleys, public buildings, grocery stores or any food service establishment

* Theaters, museums, libraries, schools, educational institutions, and common areas of retirement facilities, publicly-owned housing facilities and nursing homes

* Lobbies, elevators, restrooms, reception areas, hallways and any other common-use areas in public and private buildings, condominiums and other multiple-unit residential facilities

* Indoor sports arenas, gymnasiums and auditoriums

* Heath care facilities, hospitals, health care clinics, doctor’s offices and child day care facilities

* Common areas in hotels and motels, and no less than 75 percent of hotel or motel sleeping quarters rented to guests

* Jury waiting and deliberation rooms, courtrooms and public meetings

* Government-owned mass transportation of any kind, taxi cabs and limousines not under private hire

* Any place of employment not exempted.

In addition, smoking is not allowed within 15 feet of an establishment or business main entryway unless defined differently by a local law.

What’s Exempt from the Law?

Of course there are exceptions to every rule.  Smoking will be permitted in the following locations:
* Private homes, residences and automobiles unless they are being used for child day care or day care
* Limousines under private hire
* Up to 25 percent of rented hotel or motel rooms
* Retail tobacco businesses
* An establishment that met the definition of a “cigar-tobacco bar” as of December 31, 2005.  A "cigar-tobacco bar" is defined as an establishment primarily for the sale and service of alcohol beverages for on-premises consumption where the service of food is secondary to the consumption of such beverages that generated at least 5% or more of its total annual gross income or $50,000 in annual sales from the on-site sale of tobacco products and the rental of on-site humidors.  Note, this does not include any sales from vending machines. 
* The outdoor area of any business as long as it is beyond the 15 foot radius around the main entryway
* The retail floor plan of casinos
* The airport smoking lounges at Denver International Airport
* Employers with three or fewer employees/volunteers who do not allow access to the public
* A private, non-residential building on a farm or ranch that has an annual gross income of less than $500,000
Complying with the Law:
Consumers, businesses and other establishments required to be smoke-free are responsible for complying with the law.  If you observe a violation, you can call the police non-emergency telephone number at (720) 913-2000.
 
Penalties:
As defined by the law, violators are subject to a $200 fine for the first violation, a $300 fine for the second violation and a $500 fine for every violation per day thereafter within a calendar year.

Information from above found at:  http://www.smokefreecolorado.org, www.gaspforair.org and www.smokefreedenver.org.

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