The information provided on this website, while believed to be accurate is not guaranteed. It is for informational and educational purposes only and should not be taken as legal advice. If in doubt, please consult an attorney.
Click on the question(s) that you would like to have answered or scroll through all of the questions and answers at the end of the lists of questions.
Q. What is the purpose of the
Omaha no smoking ordinance?
A. The purpose of this ordinance is to protect workers and the
public from exposure to secondhand smoke. The key message of the
latest U. S. Surgeon General's report about the hazards of exposure
to secondhand smoke is summarized as: "Secondhand
smoke. It hurts you. It doesn't take much. It doesn't take long."
(The Health Consequences of Involuntary Exposure to Tobacco Smoke,
2006).
Prohibiting smoking in indoor environments is an effective public health policy: 1) to prevent disease and diminish the harmful side effects of inhaling secondhand smoke, 2) to help smokers reduce or quit smoking, and 3) to keep youth from starting to use tobacco. Not all Omaha businesses, however, will be smoke-free in 2006. Some businesses have a delayed deadline until May 14, 2011.
Q. What should businesses do
to prepare for the new ordinance?
A. Businesses that currently allow smoking should review these
Questions and Answers to learn about the Omaha Smoke-Free Ordinance
and the Nebraska Clean Indoor Air Act. Employees should also be
informed of them and encouraged to review the information on this
website.
Many businesses that establish no smoking policies encourage their employees to quit smoking. This improves employee productivity and reduces health related absences. We have provided a list of local and statewide smoking cessation choices for you here.
If your business would like to donate your ashtrays for an art project, please contact Dr. David E. Corbin at: 554-2670 and arrangements will be made to pick up the ashtrays at your convenience.
Q. Which businesses are affected
by the Ordinance?
A. This ordinance applies to all indoor businesses inside Omaha's
city limits. Some examples include private clubs, bars, restaurants,
offices, warehouses, slaughter houses, factories, auto repair
shops, schools, barber shops, beauty salons, laundromats, bowling
centers, enclosed construction sites, construction site trailers,
construction vehicles and most other types of businesses. Over
97% of Omaha businesses must be smoke-free on October 2, 2006.
The rest, mainly some bars and a few restaurants with keno, may
delay their smoke-free date until no later than May 14, 2011.
Click here to access a list of businesses who will likely have a delayed deadline until 2011.
Q. If restaurants apply for and
get a new keno license, may they allow smoking?
A. Not unless they applied for the keno license before June
8, 2006. All restaurants that apply for keno after that date may
not allow smoking.
Q. When will all stand-alone
bars and restaurants with keno have to be smoke-free?
A. They will have to be smoke-free after May 14, 2011.
Q. Is it against the law to have
an ashtray inside a smoke-free business?
A. Yes. Beginning on October 2, 2006 all ashtrays and other
smoking paraphernalia must be removed from the inside of the business.
Q. Who should I call if I see
someone breaking the law by smoking, or by having an ashtray in
a nonsmoking business?
A. Call the Omaha City Police at 911. Non-emergency calls
may be referred to the Telephone Response Squad at 444-5977.
For questions about enforcement call Officer Kinsey at 444-6508.
Q. What is the penalty for smoking
where it is not allowed?
A. Upon conviction for a first offense, there is a minimum
fine of $100, for a second offense, there is a minimum fine of
$200, and for a third or subsequent offense, the fine is $500
Q. What is the penalty for allowing
smoking where it should not be allowed?
A. The owner, and or the person that is in control of the
establishment may upon conviction be given a written warning for
a first offense, a fine of $100 for a second offense, a fine of
$200 for a third offense, and for a fourth or subsequent offense,
the fine is $500. Each day on which a violation occurs shall be
considered a separate and distinct violation.
In addition to the penalties above, repeated violations may result in the suspension or revocation of any permit or license issued to the establishment or owner on which the violation occurred.
Q. What is the responsibility
of the person-in-charge when a customer or employee lights up
indoors?
A. The person-in-charge of the business must ask that individual
to stop smoking inside the building. Failure to do so could result
in a citation to the owner and manager as well as to the person
smoking.
Q. Do employers have to notify
employees and applicants of the smoking law in writing?
A: The ordinance requires employers to "communicate"
the smoking law to all existing employees before October 2, 2006
and to all perspective employees upon their application for employment.
Q. What steps should a business
person-in-charge take if a customer or employee refuses to comply
with the law?
A. If the person refuses to comply he should be asked to leave.
If individual refuses to comply, the person-in-charge should call 911.
Q. Will the business be ticketed
if a pack of cigarettes is lying on a table?
A. Violations of the law include smoking in the establishment
and allowing smoking in the establishment, not possession of tobacco
products.
Q. How can I get a copy of the Omaha
smoke-free ordinance?
A. It is available by clicking here. If you want a paper copy,
it will cost 25-cents a page (the document is nine pages long)
and can be requested by calling the City Clerk at 444-5550.
The smoking ordinance is Ordinance Number 37412.
Q. What constitutes an indoor
or enclosed area?
A. An "Enclosed Area" means all space between a
floor and ceiling that is contained on all sides by walls either
permanent or temporary, which extend from the floor to the ceiling.
Doorways and windows are treated as parts of a wall.
Q. Is smoking allowed in private
residences?
A. A private residence and a business in a private home does
not have to be smoke-free unless it is used as a childcare, adult
daycare, or health care facility. If it is used for any of those
three types of businesses, smoking is not allowed in that building
at any time.
Q. Can people smoke in a business
when it is NOT open to the public such as after hours, on weekends,
or on holidays?
A. No, smoking is prohibited at all times in businesses that
fall under the Ordinance.
Q. Is smoking allowed in private
clubs?
A. No, smoking is not allowed in private clubs under the Ordinance
unless they qualify for a delayed smoke-free date.
Q. Do businesses have to post
a "NO SMOKING" sign on their entrances?
A. Yes, if the business is smoke-free. Beginning on October
2, 2006, "No Smoking" signs or the international "No
Smoking" symbol (consisting of a pictorial representation
of a burning cigarette enclosed in a red circle with a red bar
across it) must be clearly and conspicuously posted on each entrance
door. Free no smoking stickers/decals (in English and Spanish)
can be obtained from the Douglas County Health Department (while
supplies last) by calling: 444-7496.
Q. Where can I get free "NO
SMOKING" signs?
A. Free no smoking stickers/decals (in English and Spanish)
can be obtained from the Douglas County Health Department (while
supplies last) by calling: 444-7496.
Otherwise, a sign company should be able to provide them at a
small cost.
Q. May businesses have an ashtray
inside the entrance to their smoke-free business, for people to
use to put out their cigarettes?
A. No, beginning October 2, 2006 all ashtrays and other smoking
paraphernalia must be removed from the inside of the business.
Q. May a business allow smoking
in a break room in their building?
A. Smoking break rooms are not allowed unless the business
qualifies for a delayed smoke-free date. Smoking at smoke-free
businesses is only allowed outdoors.
Q. May a business allow smoking
in a private office?
A. No, smoking is allowed only outdoors unless the business
qualifies for a delayed smoke-free date. The Nebraska
Clean Indoor Air Act also does not allow smoking in private
offices.
Q. Is smoking allowed in a business's
vehicles?
A. No, all vehicles used by the business must be smoke-free,
even if they are used only by one or more smokers. The business
vehicles must be smoke-free all of the time, not just during business
hours, even if they are also used for personal reasons after work
hours.
Q. Is smoking restricted outdoors?
A. The Omaha Ordinance does not restrict outdoor smoking.
Nebraska State law, the
Nebraska Clean Indoor Air Act, does not allow smoking outdoors
within ten feet of a state office building entrance.
Q. Are businesses required to
provide an outdoor smoking area?
A. No, whether or not businesses provide an outdoor smoking
area is an individual business decision.
Q. Is there a distance requirement
away from the door where smokers can smoke outside?
A. There is no distance requirement identified in the Ordinance,
however if businesses allow smoking outdoors, they are asked to
identify a smoking area that is away from the doors and air intake
vents. For state buildings, for example, smoking is prohibited
within ten feet of entrances.
Q. Who does a business owner
contact to learn about City code requirements for outdoor areas?
A. All questions about requirements for outdoor areas connected
to a liquor license holder should be referred the Omaha City Clerk
at 444-5550. Other outdoor
area questions should be directed to the Omaha Planning Department
at 444-3426.
Q. May business owners restrict
outdoor smoking near their building?
A. Yes, business owners may restrict outdoor smoking on their
property as a courtesy to their customers and employees. To avoid
problems caused by people smoking too close to doorways, windows
and air intake areas, signs may be posted indicating where smoking
is allowed and not allowed outdoors. Nebraska State law does not
allow smoking outdoors within ten feet of a state office building
entrance.
Q. What should I do implement
the smoke-free policy?
A. Inform customers and employees that on or before October
2, 2006 your business will be smoke-free. Delayed deadline businesses
will have to be smoke-free by May 14, 2011.
As required in the law, "NO SMOKING" signs must be posted in visible places, including entrances and restrooms.
The law requires employers to "communicate" the smoking law to all existing employees before October 2, 2006 and to all perspective employees upon their application for employment.
Remove ashtrays (and consider donating them for an art project as mentioned above by calling 554-2670).
Place cigarette butt receptacles outside the business in areas away from entry doors, windows 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 customers who make a mistake and smoke in the business.
Report violators of the law. Most people obey the law and will comply when told that smoking is prohibited. Occasionally, there are people, as with any law, who refuse to comply. If this is the case, call 911.
Q. What types of businesses may
allow smoking?
A. Those businesses in a private residence, except those used
as a licensed childcare, an adult day care or health care facility.
Hotel and motel rooms rented to guests and designated as smoking rooms. However, not more than twenty percent (20%) of rooms rented may be designated as smoking rooms. All smoking rooms on the same floor must be contiguous. Smoke from these rooms must not infiltrate into areas where smoking is prohibited. The status of rooms as smoking and non-smoking may not be changed, except to add additional non-smoking rooms.
Private and semi-private rooms in nursing homes and long-term care facilities that are occupied by one (1) 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.
In a laboratory that is conducting research into the health effects of smoking, governed by state or federal law or at a college or university approved by the Nebraska Coordinating Commission for Post Secondary Education.
Q. What types of businesses may
allow smoking until May 14, 2011?
A. Stand-alone bars, with no more than Limited Food Service, may allow smoking anywhere, may be 100%
smoke-free or may have designated smoking areas, subject to the
Nebraska Clean Indoor Air Act.
Click here
to access the entire Nebraska Clean Indoor Air Act (NCIAA)
Click
here to access the NCIAA Rules and Regulations document
Small restaurants that have Keno and less than 1200 square feet
of public space may allow smoking anywhere.
According to the Nebraska Clean Indoor Air Act, larger restaurants that have Keno and have at least 1200 square feet of public space must have a clearly designated no smoking section and, if desired a smoking section that is clearly designated. The non-smoking section must allow customers to use all amenities without walking into or through a smoking area. Amenities include: entering the restaurant, getting to the restrooms, playing Keno, darts, pool or any other games, take-out counters, etc. Everything offered in the smoking section must be available in the non-smoking section. All common areas used by smokers and non smokers must be smoke-free.
A business that conducts or simulcasts horseracing at a designated
place. Currently the only such location is Horsemen's Park.
Q. May tobacco only retail outlets
and tobacco retail outlets allow smoking in their businesses?
A. No, State law, the Nebraska
Clean Indoor Air Act, does not allow smoking in these businesses.
Q. What is the Nebraska
Clean Indoor Air Act (NCIAA)?
A. The Nebraska Clean Indoor Air Act is a State law that applies
to all businesses. On and after October 2, 2006 the NCIAA will
primarily pertain to those businesses with a delayed smoke-free
date in the Omaha Smoke-Free Ordinance.
The NCIAA requires that if a smoking area is provided in restaurants with a public area of over 1200 square feet and all other businesses regardless of size (except bars, which are exempt) a nonsmoking area must be created. The nonsmoking area must meet these requirements:
1. Space reasonably proportionate to the preference of the users
2. Access from the outside to the indoor parts of the public place, including to all products, restrooms and nonsmoking dining area (if any), without walking through a smoking section;
3. Amenities, accessories, furnishings, and services that are at least equal to those in the smoking area.
4. Employees may be required to use or pass through a designated smoking area when the designated area is the site of the employee's assigned duties.
5. No ashtrays can be in nonsmoking areas; and
6. Ashtrays are to be provided at all entrances to nonsmokingareas, but not in the nonsmoking areas.
Click here
to access the entire Nebraska Clean Indoor Air Act
Click
here to access the regulations document
Q. May private businesses with
only one or a few employees allow smoking?
A. No, not even if they are all smokers.
Q. What is a "stand alone
bar?"
A. "Stand alone bar" means a business
that serves alcoholic beverages that may provide no more than limited
food service. It must be separately housed from any entity
required to be smoke-free. This includes taverns, nightclubs,
cocktail lounges, and cabarets or other similar businesses. "Stand
alone" bars do not include bars within other facilities such as bowling centers, pool halls, billiard
halls, venues for indoor concert halls, packaged liquor facilities - where
alcohol is sold for off premises consumption, or where cigars
or cigarettes are sold, except for a few from a single cigarette machine.
Q. What is "limited food
service"?
A. "Limited food service" means serving or otherwise
providing only snack items or commercially prepared and wrapped
foods that require little or no preparation.
Q. I own a bar with a kitchen.
If I close the kitchen may I allow smoking?
A. Yes, but the kitchen must never be used to fix a meal,
not just closed during certain times of the day, week or month.
Q. How will the city inform new
license holders about the ordinance?
A. The City Clerk will send them a copy of the ordinance.
Q. Why isn't the smoke-free ordinance
on the city's website?
A. The smoke-free ordinance will be in the next electronic and paper supplement
that the Municipal Code Corporation puts out for the city. The
supplements come out every 5 or 6 months.
Q. Is smoking allowed in businesses
that have large overhead doors?
A. No, smoking is prohibited in businesses that do not have
a delayed smoke-free date.
Q. Do "public" areas
within a private setting, such as the laundry room and hallways
or recreation room at an apartment complex have to be smoke-free?
A. Yes, they must be smoke-free under the city ordinance and
the Nebraska
Clean Indoor Air Act.
Q. What happens to businesses
that are in a community that is annexed by the City of Omaha?
A. They would be subject to the City of Omaha laws upon annexation.
Q. What resources are available
to help employees quit smoking?
A. Various smoking cessation classes are available in Omaha.
Click here to see a list of them. If you are a smoker, this is
an excellent time to quit.
Q. Are actors allowed to smoke
if it is a part of a theatrical performance?
A. No, smoking is not allowed by anyone inside a building
where a theatrical performance is being performed.
Q. Must MAT buses be smoke-free?
A. Yes, they must be smoke-free under the city ordinance.
The Nebraska
Clean Indoor Air Act also does not allow smoking in buses.
This includes the time the buses are at the end of the route on
their layover and while driving to and from their bus route.
Q. Must taxicabs be smoke-free?
A. Yes, they should be smoke-free under the city
ordinance and the Nebraska
Clean Indoor Air Act. This includes the time the taxicabs
are driving to and from picking up their fares.
Q. Must auto repair shops be smoke-free?
A. Yes, they must be smoke-free under the city ordinance.
Q. Must barbershops be smoke-free?
A. Yes, they must be smoke-free under the city ordinance.
Q. Must beauty salons be smoke-free?
A. Yes, they must be smoke-free under the city ordinance.
Q. Must bowling centers be smoke-free?
A. Yes, they must be smoke-free under the city ordinance unless
they may allow smoking because they had, or applied to have keno
before June 8, 2006. They will have to be smoke-free on May 14,
2011.
Q. Must construction site trailers be smoke-free?
A. Yes, they must be smoke-free under the city ordinance.
Q. Must construction and other commercial vehicles be smoke-free?
A. Yes, they must be smoke-free under the city ordinance.
Q. Must enclosed construction sites be smoke-free?
A. Yes, they must be smoke-free under the city ordinance.
Q. Must factories be smoke-free?
A. Yes, they must be smoke-free under the city ordinance.
Q. Must laundromats be smoke-free?
A. Yes, they must be smoke-free under the city ordinance.
Q. Must schools be smoke-free?
A. Yes, they must be smoke-free under the city ordinance.
Q. Must meat packing plants/slaughterhouses be smoke-free?
A. Yes, they must be smoke-free under the city ordinance.
Q. Must warehouses be smoke-free?
A. Yes, they must be smoke-free under the city ordinance.
Q. Who created this website?
A. A combination of people who worked to get the Omaha City
Council to pass the Smoke-Free Ordinance. Attorneys and other
people were consulted in an effort to make this site as accurate
and informative as possible.
Q. How do I submit comments,
questions or corrections about information on this website?
A. If you have any comments or questions, please send a note
to: Info@OmahaSmokeFreeLaw.com.
Q. What should I do if I report
a business or person to the police for violating the ordinance
and they keep on violating the law?
A. Send the name and address where the violation is occurring
to: Violations@OmahaSmokeFreeLaw.com.
If you wish, your identity will remain confidential.
Q. If my question isn’t answered in these Q&A’s, who in the City Government can answer questions about the smoke-free Ordinance?
A. You may contact the Omaha City Law Department at 444-5115.