Smoking Regulations in Clark County, Nevada: What Businesses Need to Know

Smoking is prohibited in, near, or next to any entrance or exit of a public building in Clark County, Nevada. This includes buildings that are owned or leased by the State. The Nevada Clean Indoor Air Act does not restrict smoking outside building entrances, but business owners have the right to implement their own voluntary “no smoking” policies, specifying a certain distance from their establishment where smoking can be allowed. For any environment, the level of damage caused by exposure depends on the total time spent in the environment and the amount of smoke in that airspace.

If customers, employees, or visitors are seen smoking or vaping, they should be told not to smoke or vape indoors. A CDC study found that 99% of non-smokers had measurable amounts of cotinine (a chemical that the body metabolizes from nicotine) in their bodies. To ensure compliance with the law, a “No Smoking, No Vaping” sign should be placed conspicuously at every entrance, as well as in prominent places in your establishment. The Environmental Protection Agency reports that second-hand smoke contains more than 4,000 substances, many of which are known to cause cancer in humans. To protect customers from exposure to second-hand smoke, businesses should implement policies that minimize the amount of tobacco smoke that enters a building through doors, windows, ventilation systems, or any other means.

The Clark County Department of Public Health will enforce the law on smoking in public places and the Clark County Code 24.20 for businesses, including bars and restaurants. Secondhand smoke is the combination of smoke exhaled by a smoker and smoke from a burning cigarette. Employers cannot require employees to work in or within 25 feet of designated outdoor areas for smoking or vaping. Even if an establishment allows smoking or vaping in an area where it is prohibited, it is in violation of the Nevada Clean Indoor Air Act and may be subject to applicable penalties. Secondhand smoke, also called ambient tobacco smoke, is a combination of the smoke that comes out of the burning end of a cigarette, cigar or pipe and the smoke that smokers exhale. The CDC estimates that second-hand smoke causes more than 41,000 deaths each year among non-smokers in the United States.

But does the law extend to cannabis consumption rooms? While most restaurants that allow smoking have outdoor patio areas, Clark County codes specifically prohibit the use of cannabis in areas in public view. Smoking and using e-vaping products are prohibited in all enclosed workplaces, unless the company is specifically exempt by law. The Smoking in Public Places Act (RCW 70,160) is a state law that prohibits smoking in public places and workplaces to protect employees and the public from second-hand smoke. The Nevada Clean Indoor Air Act safeguards children and adults from second-hand cigarette smoke and second-hand aerosol from e-vaping products in most enclosed public places and indoor workplaces.

Guilherme González
Guilherme González

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