Celebrate Smoke-Free Omaha!
Omaha’s New Smoke- Free Air Ordinance
Smoke-Free air is here! Omaha residents can now breathe easier thanks to changes to our smoke-free air law. Effective June 17, 2008, Omaha’s smoke-free air law covers all bars and restaurants, keno establishments, most tobacco retailers and Horseman’s Park. Most of these areas were previously exempt from the smoke-free ordinance, but by ruling of the Nebraska Supreme Court they must now be smoke-free in Omaha. Thanks to these changes we can all breathe a little easier.
Now you can frequent and work in more places and breathe clean, smoke-free air. Please let the businesses that you patronize know how much you appreciate it now that they are smoke-free.
This information brought to you by LiveWise Coalition and the Metro Omaha Tobacco Action Coalition (MOTAC) supported in part by Region 6 Behavioral Healthcare through funding provided by the Nebraska Department of Health and Human Services/Tobacco Free Nebraska Program as a result of the Tobacco Master Settlement Agreement.
The purpose of the Omaha Smoke-Free Air ordinance is to protect the public health and welfare by prohibiting smoking in public gathering places and places of employment.
How did this law come about?
In June 2006, the Omaha City Council passed a local smoke-free air law that included exemptions for certain businesses. On May 30, 2008, the Nebraska Supreme Court ruled that the temporary exemptions the Omaha City Council passed in June 2006 were unconstitutional. On June 17, 2008, a Douglas County District court judge entered an order in response to the Nebraska Supreme Court ruling and overturned Omaha’s temporary exemption to the city’s original ordinance. The district court judge ordered that the temporary exemptions in Omaha’s law be struck effective immediately.
What does the law cover?
The revised ordinance eliminates smoking everywhere in enclosed indoor areas including restaurants, bars, keno establishments, bowling alleys and other workplaces (retail/office space, manufacturing, etc.) as well as in indoor public places.
Where can I get a copy of the law?
The changes to the law went into effect June 17, 2008, when the Nebraska District Court entered its order in response to the Supreme Court decision.
Are there any exceptions that remain in the law?
The only exceptions are:
Up to 20 percent of hotel rooms.
Private residences, except when a residence is being used as a licensed child care, an adult day care or health care facility.
Tobacco-only retailers defined as a “store that sells only tobacco and products directly related to tobacco that are separately housed from any entity that is required to be smoke-free. Products that are not allowed to be sold include, but are not limited to alcohol, pop, candy, groceries or gasoline.”
Facilities researching the health effects of smoking.
Private and semiprivate rooms in nursing homes and long-term care facilities that are occupied by one or more person all of whom are smokers and have requested in writing to be placed in a room where smoking is permitted.
What is an “indoor area”?
The Omaha ordinance defines an “indoor area” as “an area enclosed by a floor, a ceiling, and walls on all sides that are continuous and solid except for closeable entry and exit doors and windows.”
It is important to note that the state smokefree air law (the Nebraska Clean Indoor Air Act of 2008) that goes into effect on June 1, 2009, further defines an indoor area as “an area enclosed by a floor, a ceiling, and walls on all sides that are continuous and solid except for closeable entry and exit doors and windows and in which less than twenty percent of the total wall area is permanently open to the outdoors. For walls in excess of eight feet in height, only the first eight feet shall be used in determining such percentage.”
What are the penalties for breaking the law?
Any person who smokes in an area where smoking is prohibited is subject to a fine of $100 (first offense), $200 (second offense), and $500 (third and subsequent offense).
Any person who owns, manages, operates or otherwise controls a public gathering place or place of employment who fails, neglects or refuses to perform duties or who knowingly violates any of the provisions is subject to a written warning (first offense), $100 (second offense), $200 (third offense), and $500 (fourth or subsequent offense). Each day on which a violation occurs is considered a separate and distinct violation.
What are the responsibilities of the proprietor?
Proprietors are responsible for assuring that “No Smoking” signs are conspicuously posted on each entrance, that all ashtrays and other smoking paraphernalia is removed from smoke-free areas, and for communicating the provisions of the law to employees. Also, proprietors must ask individuals who are violating the ordinance to refrain from smoking in the establishment.
What steps should a proprietor take if a customer/employee refuses to follow the law?
If the proprietor has asked an individual to refrain from smoking and the individual refuses to comply, the proprietor may call the Omaha Police Department to ask for assistance with that individual.
Do proprietors need to post a no smoking sign?
The requirements for businesses are that they must have signage that reads, “No Smoking” or the international no smoking symbol (consisting of a pictorial representation of a burning cigarette enclosed in a red circle with red bar across it) that is clearly posted on each entrance. Signs are available from the Douglas County Health Department at (402) 444-7496 or at christine.stewart@douglascounty-ne.gov
Who should a business owner contact to learn about code requirements?
All designs for buildings must be reviewed and approved by the Omaha Planning – Permits and Inspections Division. You can contact the Planning Department at (402) 444-5350. During the planning process and prior to making physical changes to a property where smoking is allowed, you can contact Tom Baker at the Douglas County Health Department at (402) 444-7486. For questions related to compliance with the Omaha Smoke-free Air ordinance, contact Christine Stewart, Douglas County Health Department, at (402) 444-7496, or at christine.stewart@douglascounty-ne.gov.
Who enforces this ordinance? How will it be enforced?
The Omaha Police Department is responsible for enforcing the smoke-free ordinance. Citizens who observe a violation are asked to first bring the violation to the attention of the business owner or management. If the business fails to take action, citizens can call the police to take enforcement action. Officers will respond to complaints based on a priority basis and take appropriate action. Business owners or employees who knowingly allow smoking in their establishments will be cited.
How do businesses implement a smoke-free policy?
Inform customers and employees that all businesses in Omaha are smoke free and are expected to comply with the law.
Post “NO SMOKING” signs in visible places, including entrances and restrooms.
Remove ashtrays.
Place cigarette butt receptacles outside the business in areas away from entry doors 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 about what to say to smoking customers.
Is there a distance requirement away from doors where smokers can smoke outside?
No. If businesses choose to designate an outdoor smoking area, they are asked to identify a smoking area that is away from doors and air intake vents.
Can people smoke in a business when it is NOT open to the public such as after hours, on weekends, or on holidays?
No. Smoking is prohibited at all times in businesses required to be smoke-free by the law.
Is smoking allowed in commercial vehicles?
No. Smoking is not allowed in commercial vehicles, including taxis, delivery trucks and service vehicles. No smoking signs or stickers should be posted on commercial vehicles.
Is smoking allowed in private offices or break rooms?
No.
Is smoking allowed in private clubs?
No.
Does the ordinance now require Omaha bars, Horsemen’s Park and restaurants and bowling centers with keno to be completely smokefree?
Yes.
Is smoking allowed in businesses that have large overhead doors?
No. Smoking is prohibited in all businesses that are required to be smoke-free by the law.
Is smoking allowed in a business during a private party?
No. Smoking is not allowed in a place of employment or indoor public gathering place.
What about outdoor environments?
Outdoor environments are not specifically covered by Omaha’s ordinance. Businesses may voluntarily choose to create smoke-free outdoor areas, however.
Does the ordinance restrict businesses or communities from designating non-smoking areas outdoors?
No.
Are businesses required to provide an outdoor smoking area?
No. Whether or not businesses provide an outdoor smoking area is an individual decision.
What if my establishment wants to create an outdoor smoking area and also serve alcohol?
According to the Nebraska Liquor Control Commission, "any outdoor smoking areas where you want alcohol to be allowed will need to be approved by the Commission and added to your liquor license. You may apply for one of the two types of areas, beer garden or sidewalk cafe . . . ." As mentioned above, establishments may decide to make outdoor areas smoke-free. There are no requirements to provide outdoor areas for smoking.
What resources are available to help employees quit smoking?
The Nebraska Tobacco Quitline is sponsored by the Nebraska Department of Health and Human Services’ Tobacco Free Nebraska program. The toll-free Quitline, 1-800-784-8669 (1-800- QUIT-NOW), gives Nebraska residents access to counseling and support services. Calls to the Quitline are free.
There are also local tobacco cessation programs available across the state that may be helpful. For a list of known programs, visit: http://www.dhhs.ne.gov/tfn/ces/tfnquit.htm or call Tobacco Free Nebraska at (402) 471-2101.
What if I still have questions?
Anyone who has questions about the smoke-free air ordinance can contact Christine Stewart, Douglas County Health Department, at (402) 444-7496, or at christine.stewart@douglascounty-ne.gov.
This information is not intended to be legal advice. Please consult the Omaha city ordinance or contact an attorney for more information about the Omaha’s smoke-free air law.
