Wisconsin Smoking Ban Takes Effect Monday, July 5th

This ban affects many indoor areas, including private places of employment and areas open to the general public.

Areas where smoking is prohibited:

• The State Capitol
• Residence halls or dormitories owned or operated by a college or university
• Day care centers
• Educational facilities
• Inpatient health care facilities (hospitals, county home, nursing homes, hospices, the Wisconsin veteran’s home, treatment facilities).
• Theaters
• Correctional facilities
• State institutions
• Restaurants
• Taverns
• Private clubs (a facility used by an organization that limits its membership and is organized for a recreational, fraternal, social, patriotic, benevolent, or athletic purpose).

An "enclosed place" is a structure or area that has a roof and more than two substantial walls. A "substantial wall" is a wall with no opening or with an opening that either does not allow air in from the outside or that is less than 25% of the wall’s surface area.

A "place of employment" is an enclosed place that employees normally frequent during the course of employment, such as an office, work area, elevator, employee lounge, restroom, conference room, meeting room, classroom, hallway, stairway, lobby, common area, vehicle, or employee cafeteria.

A "public place" is an enclosed place that is open to the public, regardless of whether a fee is charged or a place to which the public has lawful access or may be invited.

The new law requires that people in charge of places where smoking is prohibited enforce the prohibitions by taking certain steps to ensure compliance, such as:

• not providing ashtrays and matches
• posting "no smoking" signs
• asking a person to stop smoking
• asking a person who is smoking to leave
• refusing to serve the person if the place is a restaurant, tavern or private club
• notifying law enforcement if the person does not leave after being asked to do so.

Penalties:

• If someone violates the new law, they could be charged from $100-$250 for each violation.
• Anyone in charge who violates the "persons in charge" provisions is subject to $100 fine. The law does require a warning notice be issued for the first violation.

The Wisconsin Department of Commerce has issued workplace sign guidance. Under the new rule, no smoking signs "shall include the international ‘No Smoking’ symbol, consisting of a pictorial burning cigarette enclosed in a red circle with a red bar across the cigarette."

For more information, see the Wisconsin Legislative Council Information Memorandum