Charleston, SC Smoke-Free Ordinance

Type: Ordinance

Status: Adopted. Took effect on 7/23/07.

Source File: http://www.charlestoncity.info/shared/docs/0/signed%20smoking%20ordinance%202007-14.pdf

Summary:

City of Charleston Smoke-Free Ordinance Summary
(Code of the City of Charleston, Section 21-132)

• Smoking is prohibited in all enclosed workplaces—including common work areas, auditoriums, classrooms, conference and meeting rooms, private offices, hallways, cafeterias, employee lounges, staircases and restrooms.

• A written smoking policy must be adopted by each business, distributed to employees and posted conspicuously in the workplace.

• A sign containing the words “No Smoking” and the universal symbol for no smoking must be placed at the main entrance to the establishment or area.

• Smoking outside is permitted if tobacco smoke does not enter the building.

• At least 75% of hotel, motel, inn, bed and breakfast and lodging home guest rooms are required to be smoke free. Designated smoking rooms must have signs indicating that smoking is permitted in those rooms.

• Exceptions: Smoking is permitted in the following places and/or circumstances:

• Private residences;

• Retail tobacco stores (an establishment not required to possess a retail food permit whose primary purpose is to sell tobacco products and related paraphernalia to retail consumers in which the sale of other products is incidental and the entry of persons under 18 is prohibited at all times);

• Cigar Bars (an establishment in existence on January 23rd, 2007 that serves alcohol for consumption on its premises and it [or its affiliated entity operating within the same premises] derives 30% or more of its gross revenue from the sale of tobacco products or related paraphernalia and prohibits entry by anyone under 21 at all times);

• Performers on a stage provided smoking is part of the theatrical production;

• Religious ceremonies where smoking is part of the ritual; and

• Medical research facilities.

Violators of the ordinance are subject to fines up to $1087.00 and 30 days in jail.

This is a summary of the law. For the full text version of this ordinance, please see the Code of the City of Charleston, Section 21-132.