[Code 1985, § 10-31; Code 2005 § 50-61]
The following words, terms and phrases, when used in this division,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
A building owned, leased or under the control of a public
or private school system, college or university.
An entity which provides health services, including but not
limited to hospitals, nursing homes, long-term care facilities, kidney
disease treatment centers, health maintenance organizations and ambulatory
treatment centers.
Any portion of a building, structure, room or enclosure located
on real estate which is owned, leased, used, controlled or operated
by a licensee authorized by the state alcoholic beverage laws enforcement
commission to sell liquor for consumption on the premises, but shall
not include a separate or enclosed lounge or bar area as specified
in 37 O.S. § 598, service organizations or fraternal beneficiary
societies which are exempt under § 501(c)(8)(10) or (19)
of the Internal Revenue Code, a licensed premises that is part of
a bowling alley area, or a racetrack licensed by the state racing
commission.
A meeting as defined in the Open Meeting Act, 25 O.S. § 304.
A public body as defined in the Open Meeting Act 25 O.S.
§ 304.
An enclosed, indoor area owned or operated by a state or local
governmental agency and used by the general public or serving as a
place of work for public employees or a meeting place for a public
body, including an office, educational facility, health facility,
auditorium, arena, meeting room or public conveyance; or
An enclosed, indoor area which is not owned or operated by a
state or local governmental agency which is used by the general public
and which is:
The term "public place" shall not include a private, enclosed
room or office occupied exclusively by a smoker or smokers, even if
the room or enclosed office may be visited by a nonsmoker.
Any eating establishment with a seating capacity of 50 persons
or more.
The carrying by a person of a lighted cigar, cigarette, pipe
or other lighted smoking device.
[Code 1985 § 10-32; Code 2005 § 50-62]
A.
No person shall smoke in a designated nonsmoking area in a public
place, at a meeting of a public body, in a nursing facility licensed
pursuant to the Nursing Home Care Act, 63 O.S. § 1-1901
et seq., or in a child care facility, during hours of operation, licensed
pursuant to the Oklahoma Child Care Facilities Licensing Act, 11 O.S.
§ 401 et seq. A nursing facility licensed pursuant to the
Nursing Home Care Act may designate smoking areas for residents and
their guests. Nursing facilities may designate smoking areas for employees
if such designated areas are in separate rooms that are not used by
residents.
B.
A health facility may prohibit all smoking in such facility or may
designate smoking and nonsmoking areas within the facility.
C.
An educational facility which offers an early childhood education
program or in which children in grades kindergarten through 12 are
educated shall prohibit smoking, the use of snuff, chewing tobacco
or any other form of tobacco product in the buildings and on the grounds
of the facility by all persons including, but not limited to, full-time,
part-time, and contract employees, during the hours of 7:00 a.m. to
4:00 p.m., during the school session, or when class or any program
established for students is in session. An educational facility may
designate smoking areas outside the buildings for the use of adults
during certain activities or functions, including, but not limited
to, athletic contests.
D.
This section shall not apply to a room, hall or building used for
a private function if the seating arrangements are under the control
of the sponsor of the function and not under the control of the state
or local governmental agency or the person who owns or operates the
room, hall or building, or to a licensed premises that is a part of
a bowling alley area, or to a racetrack licensed by the state racing
commission.
E.
This section shall not apply to areas in which prisoners are housed
in municipal jails or county jails as defined in 57 O.S. § 502.
F.
This section shall not apply to a separate or enclosed bar area of
a licensed premises, as provided in 37 O.S. § 241, which
has as its main purpose the selling or serving of low-point beer for
consumption on the premises.
G.
Nothing in this section shall be construed to prohibit educational
facilities from having more restrictive policies regarding smoking
and the use of other tobacco products in the buildings or on the grounds
of the facility.
[Code 1985 § 10-33; Code 2005 § 50-63]
A.
Smoking and nonsmoking areas shall be designated by the state or
local governmental agency or the person who owns or operates a public
place, except in a public place in which smoking is prohibited by
law. A restaurant may have designated smoking and nonsmoking areas
or may be designated as being a totally smoking area or a totally
nonsmoking area. Existing physical barriers and ventilation systems
shall be used to minimize smoke in both smoking and adjacent nonsmoking
areas.
B.
In the case of a public place consisting of a single room, the state
or local governmental agency or the person who owns or operates the
single room shall be in compliance with this article if an area of
the room is reserved and posted as a nonsmoking area.
[Code 1985 § 10-34; Code 2005 § 50-63]
The state or local governmental agency or the person who owns
or operates a public place shall, at a minimum, do the following in
order to prevent smoking in nonsmoking areas:
