KINGMAN - "What we are looking for is compliance with the law. We are not looking to fine to force compliance."
Those words were spoken by Jeremy Stutler of the Mohave County Department of Public Health Environmental Health Division. He made them Friday when he addressed a handful of individuals regarding the details of the Smoke-Free Arizona Act that goes into effect on May 1.
Stutler discussed the act, which bans smoking in most public places and places of employment, to alert the public of the now specified rules by the Arizona Department of Health Services.
It will be up to Stutler's department to enforce any violations of the act. Beyond the smoking ban, the act also requires businesses to remove ashtrays and prevent smoking within 20 feet of an entrance, post "no smoking" signs at every entrance and on business vehicles, and inform employees about the act.
A first violation by a business results in a written notice of violation, while a second offense could result in a civil penalty between $100 and $500. For continued violations, businesses could face a civil penalty of $5,000 a day.
Violations can be reported, anonymously if one chooses, at (877) 429-6676 or nosmokingarizona@azdhs.gov. You can also contact the Kingman District Office of the Environmental Health Division at 757-0901.
Businesses do have the possibility of a reprieve through an appeal process if there is no further enforcement or fines until the hearing is completed. It is also up to the discretion of the inspectors to determine the amount of time they'll give the business to correct a violation.
Kingman currently has two inspectors who will expand their duties to enforce the act. The County Board of Supervisors approved on April 16 the hiring of a full-time inspector for the county who will solely handle enforcement of the Smoke-Free Arizona Act. Funding for enforcement of the act comes from a 2-cent-per-pack tax. The Smoke-Free Arizona Program estimates the tax will raise $4 million.
There are exemptions to the act, which include private residences that are not used for licensed child care, adult day care or as a health-care facility. Hotel and motel rooms can be rented and designated as smoking rooms, as long as no more than 50 percent of the rooms are so designated.
You can also smoke in retail tobacco stores that are physically separated so that smoke cannot go to non-smoking areas and 51 percent of their gross income comes from the sale of tobacco products and accessories.
Veteran and fraternal clubs can also allow smoking when they are not open to the public. The clubs only qualify if they exist in at least 36 states and have been in existence for at least 20 years.
Another common exemption for businesses is to build or use an outdoor patio for smoking. The patios do not have to be 20 feet from entrances, but the main entrance cannot be through the patio and smoke cannot go into non-smoking areas.
Smoking is also permitted in theatrical performances if smoking is part of the performance or production. American Indian religious ceremonies are permitted to allow smoking.
More information about the act and how it affects business is available at smokefreearizona.org.
