N.C. Gen. Stat. § 130A-491. Legislative findings and intent
Effective: 1/2/10 – Through: 6/1/23
(a) Findings.–The General Assembly finds that secondhand smoke has been proven to cause cancer, heart disease, and asthma attacks in both smokers and nonsmokers. In 2006, a report issued by the United States Surgeon General stated that the scientific evidence indicates that there is no risk-free level of exposure to secondhand smoke.
(b) Intent.–It is the intent of the General Assembly to protect the health of individuals in public places and places of employment and riding in State government vehicles from the risks related to secondhand smoke. It is further the intent of the General Assembly to allow local governments to adopt local laws governing smoking within their jurisdictions that are more restrictive than the State law.
N.C. Gen. Stat. § 130A-492. Definitions
Effective: 1/2/10 – Through: 6/1/23
The following definitions apply in this Article:
(1) “Bar”.–An establishment with a permit to sell alcoholic beverages pursuant to subdivision (1), (3), (5), or (10) of G.S. 18B-1001.
(2) “Cigar bar”.–An establishment with a permit to sell alcoholic beverages pursuant to subdivision (1), (3), (5), or (10) of G.S. 18B-1001 that satisfies all of the following:
a. Generates sixty percent (60%) or more of its quarterly gross revenue from the sale of alcoholic beverages and twenty-five percent (25%) or more of its quarterly gross revenue from the sale of cigars;
b. Has a humidor on the premises; and
c. Does not allow individuals under the age of 21 to enter the premises.
Revenue generated from other tobacco sales, including cigarette vending machines, shall not be used to determine whether an establishment satisfies the definition of cigar bar.
(3) “Employee”.–A person who is employed by an employer, or who contracts with an employer or third person to perform services for an employer, or who otherwise performs services for an employer with or without compensation.
(4) “Employer”.–An individual person, business, association, political subdivision, or other public or private entity, including a nonprofit entity, that employs or contracts for or accepts the provision of services from one or more employees.
(5) “Enclosed area”.–An area with a roof or other overhead covering of any kind and walls or side coverings of any kind, regardless of the presence of openings for ingress and egress, on all sides or on all sides but one.
(6) “Grounds”.–An unenclosed area owned, leased, or occupied by State or local government.
(7) “Local government”.–A local political subdivision of this State, an airport authority, or an authority or body created by an ordinance, joint resolution, or rules of any such entity.
(8) “Local government building”.–A building owned, leased as lessor, or the area leased as lessee and occupied by a local government.
(9) “Local vehicle”.–A passenger-carrying vehicle owned, leased, or otherwise controlled by local government and assigned permanently or temporarily by local government to local government employees, agencies, institutions, or facilities for official local government business.
(10) “Lodging establishment”.–An establishment that provides lodging for pay to the public.
(11) “Private club”.–A country club or an organization that maintains selective members, is operated by the membership, does not provide food or lodging for pay to anyone who is not a member or a member’s guest, and is either incorporated as a nonprofit corporation in accordance with Chapter 55A of the General Statutes or is exempt from federal income tax under the Internal Revenue Code as defined in G.S. 105-130.2(1). For the purposes of this Article, private club includes country club.
(12) “Private residence”.–A private dwelling that is not a child care facility, as defined in G.S. 110-86(3), and not a long-term care facility, as defined in G.S. 131E-14.3(a)(1).
(13) “Private vehicle”.–A privately owned vehicle that is not used for commercial or employment purposes.
(14) “Public place”.–An enclosed area to which the public is invited or in which the public is permitted.
(15) “Restaurant”.–A food or lodging establishment that prepares and serves drink or food as regulated by the Commission pursuant to Part 6 of Article 8 of this Chapter.
(16) “Smoking”.–The use or possession of a lighted cigarette, lighted cigar, lighted pipe, or any other lighted tobacco product.
(17) “State government”.–The political unit for the State of North Carolina, including all agencies of the executive, judicial, and legislative branches of government.
(18) “State government building”.–A building owned, leased as lessor, or the area leased as lessee and occupied by State government.
(19) “State vehicle”.–A passenger-carrying vehicle owned, leased, or otherwise controlled by the State and assigned permanently or temporarily to a State employee or State agency or institution for official State business.
(20) “Tobacco shop”.–A business establishment, the main purpose of which is the sale of tobacco, tobacco products, and accessories for such products, that receives no less than seventy-five percent (75%) of its total annual revenues from the sale of tobacco, tobacco products, and accessories for such products, and does not serve food or alcohol on its premises.
N.C. Gen. Stat. § 130A-493. Smoking prohibited in State government buildings and State vehicles
Effective: 1/2/10 – Through: 6/1/23
(a) Notwithstanding Article 64 of Chapter 143 of the General Statutes pertaining to State-controlled buildings, smoking is prohibited inside State government buildings except as provided in subsection (b) of this section.
(b) Smoking is permitted inside State government buildings that are used for medical or scientific research to the extent that smoking is an integral part of the research. Smoking permitted under this subsection shall be confined to the area where the research is being conducted.
(c) The individual in charge of the State government building or the individual’s designee shall post signs in conspicuous areas of the building. The signs shall state that “smoking is prohibited” and may include the international “No Smoking” symbol, which consists of a pictorial representation of a burning cigarette enclosed in a red circle with a red bar across it. In addition, the individual in charge of the building or the individual’s designee shall:
(1) Direct a person who is smoking inside the building to extinguish the lighted smoking product.
(2) In a State psychiatric hospital, provide written notice to individuals upon admittance that smoking is prohibited inside the building and obtain the signature of the individual or the individual’s representative acknowledging receipt of the notice.
(c1) Smoking is prohibited inside State vehicles. The individual or the individual’s designee in charge of assigning the vehicle shall place one or more signs in conspicuous areas of the vehicle. The signs shall state that “smoking is prohibited” and may include the international “No Smoking” symbol, which consists of a pictorial representation of a burning cigarette enclosed in a red circle with a red bar across it. If the vehicle is used for undercover law enforcement operations, a sign is not required to be placed in the vehicle as provided in this subsection.
(d) Notwithstanding G.S. 130A-25, a violation of Article 23 of this Chapter shall not be punishable as a criminal violation.
N.C. Gen. Stat. § 130A-496. Smoking prohibited in restaurants and bars
Effective: 1/2/10 – Through: 6/1/23
(a) Notwithstanding Article 64 of Chapter 143 of the General Statutes, smoking is prohibited in all enclosed areas of restaurants and bars, except as provided in subsection (b) of this section.
(b) Smoking may be permitted in the following places:
(1) A designated smoking guest room in a lodging establishment. No greater than twenty percent (20%) of a lodging establishment’s guest rooms may be designated smoking guest rooms.
(2) A cigar bar if smoke from the cigar bar does not migrate into an enclosed area where smoking is prohibited pursuant to this Article. A cigar bar that begins operation after July 1, 2009, may only allow smoking if it is located in a freestanding structure occupied solely by the cigar bar and smoke from the cigar bar does not migrate into an enclosed area where smoking is prohibited pursuant to this Article. To qualify under this subsection, the cigar bar must satisfactorily report on a quarterly basis to the Department, on a form prescribed by the Department, the revenue generated from the sale of alcoholic beverages and cigars as a percentage of quarterly gross revenue. The Department shall determine whether any additional documentation is required of the cigar bar to authenticate or verify revenue data submitted by the cigar bar. This subdivision shall not apply to any business that is established for the purpose of avoiding compliance with this Article.
(3) A private club.
N.C. Gen. Stat. § 130A-494. Other prohibitions
Effective: 1/1/08 – Through: 6/1/23
Nothing in this Article repeals any other law prohibiting smoking, nor does it limit any law allowing regulation or prohibition of smoking on walkways or on the grounds of buildings.
N.C. Gen. Stat. § 130A-498. Local governments may restrict smoking in public places
Effective: 1/2/10 – Through: 6/1/23
(a) Except as otherwise provided in subsection (b1) of this section, and notwithstanding any other provision of Article 64 of Chapter 143 of the General Statutes to the contrary, a local government may adopt and enforce ordinances, board of health rules, and policies restricting or prohibiting smoking that are more restrictive than State law and that apply in local government buildings, on local government grounds, in local vehicles, or in public places. A rule or policy adopted on and after July 1, 2009 pursuant to this subsection by a local board of health or an entity exercising the powers of a local board of health must be approved by an ordinance adopted by the Board of County Commissioners of the county to which the rule applies. The definitions set forth in G.S. 130A-492 in Part 1A of this Article apply to this section and shall apply to any local ordinance, rule, or law adopted by a local government under this section.
(b) Repealed by S.L. 2009-27, § 1, eff. Jan. 2, 2010.
(b1) A local ordinance or other rules, laws, or policies adopted under this section may not restrict or prohibit smoking in the following places:
(1) A private residence.
(2) A private vehicle.
(3) A tobacco shop if smoke from the business does not migrate into an enclosed area where smoking is prohibited pursuant to this Article. A tobacco shop that begins operation after July 1, 2009, may only allow smoking if it is located in a freestanding structure occupied solely by the tobacco shop and smoke from the shop does not migrate into an enclosed area where smoking is prohibited pursuant to this Article.
(4) All of the premises, facilities, and vehicles owned, operated, or leased by any tobacco products processor or manufacturer, or any tobacco leaf grower, processor, or dealer.
(5) A designated smoking guest room in a lodging establishment. No greater than twenty percent (20%) of a lodging establishment’s guest rooms may be designated smoking guest rooms.
(6) A cigar bar if smoke from the cigar bar does not migrate into an enclosed area where smoking is prohibited pursuant to this Article. A cigar bar that begins operation after July 1, 2009, may only allow smoking if it is located in a freestanding structure occupied solely by the cigar bar and smoke from the cigar bar does not migrate into an enclosed area where smoking is prohibited pursuant to this Article. To qualify under this subsection, the cigar bar must satisfactorily report on a quarterly basis to the Department, on a form prescribed by the Department, the revenue generated from the sale of alcoholic beverages and cigars as a percentage of quarterly gross revenue. The Department shall determine whether any additional documentation is required of the cigar bar to authenticate or verify revenue data submitted by the cigar bar. This subdivision shall not apply to any business that is established for the purpose of avoiding compliance with this Article.
(7) A private club.
(8) A motion picture, television, theater, or other live production set. This exemption applies only to the actor or performer portraying the use of tobacco products during the production.
(c) Repealed by S.L. 2009-27, § 1, eff. Jan. 2, 2010.
(c1) Continuing to smoke in violation of a local ordinance or other rules, laws, or policies adopted under this section constitutes an infraction, and the person committing the infraction may be punished by a fine of not more than fifty dollars ($50.00). Conviction of an infraction under this section has no consequence other than payment of a penalty. A person smoking in violation of a local ordinance or other rules, laws, or policies adopted under this section may not be assessed court costs.
(d) Repealed by S.L. 2009-27, § 1, eff. Jan. 2, 2010.
(d1) Notwithstanding G.S. 130A-25 or any other provision of law, a violation of a local ordinance, rule, law, or policy adopted under this section shall not be punishable as a misdemeanor.
(d2) A local government may enforce an ordinance, rule, law, or policy under this section against a person who manages, operates, or controls a public place only as provided in G.S. 130A-22(h1).
(e) A county ordinance adopted under this section is subject to the provisions of G.S. 153A-122.
Durham, NC Code § 26-54. Purpose
Effective: 9/7/93 – Through: 6/1/23
The city council finds and declares that the purpose of this article is to protect and promote the public health and safety of the citizens of the city by controlling and limiting the smoking of tobacco in public places and places of employment as hereinafter set forth. The restrictions and limitations of this article should be viewed as minimum standards, and should not be construed as limiting, in any way, the authority of persons in control of a public place or place of employment from prohibiting smoking within their establishment altogether.
Durham, NC Code § 26-56. – Smoking prohibited in specified public places.
Effective: 4/7/08 – Through: 6/1/23
(a) Except as otherwise provided, smoking shall be prohibited in the following places:
(1) Child care facilities;
(2) Enclosed shopping malls;
(3) Elevators;
(4) Grocery stores;
(5) Polling places;
(6) Public restrooms;
(7) Public areas of retail stores;
(8) Service lines;
(9) Public forms of transportation, including, but not limited to, buses, vans and taxicabs;
(10) Public areas of galleries, libraries and museums when open to the public;
(11) Seating areas and adjacent aisles of any building not open to the sky which is primarily used for exhibiting any motion picture, stage drama, lecture, musical recital or similar performance, except when smoking is part of a stage production;
(12) Seating areas and adjacent aisles of enclosed sports arenas and convention halls;
(13) All rooms, chambers, place of meeting or public assembly under the control of the city or any other political subdivision of the state whenever a public meeting is in progress therein, to the extent such place is subject to the jurisdiction of the city;
(14) Smoking is prohibited in all buildings owned or leased by the city or in any portion thereof, provided, however, in the Carolina Theater, the Arts Council building, the Armory at the southeast corner of West Morgan Street and Foster Street; the Civic Center at the southwest corner of West Morgan Street and Foster Street, and Spruce Pine Lodge, smoking shall continue to be allowed in ten percent of each of the buildings. The city manager shall be responsible for designating those areas which will constitute ten percent of the indoor space of said buildings where smoking will be permitted and the city manager will cause to be conspicuously posted in those areas designated as smoking or nonsmoking, one or more signs stating that smoking is or is not permitted in the area;
(15) Lobbies, hallways, and other common areas in apartment buildings, condominiums, retirement facilities, nursing homes, and other multiple-unit residential facilities;
(16) All buildings owned or leased by Durham Technical Community College or any portion thereof.
(b) Nothing in this article shall be interpreted as limiting or prohibiting the right of any owner or lessee of any building from designating such building as a nonsmoking establishment or from designating any room or section in such building as a nonsmoking area.
Durham, NC Code § 26-55. – Definitions.
Effective: 9/7/93 – Through: 6/1/23
The following words and phrases shall have the meanings set forth herein unless the context clearly indicates otherwise:
Bar means an area comprising 15 feet or less from the perimeter of a permanent counter which is primarily devoted to serving alcoholic beverages and within which the serving of food is only incidental to the consumption of such beverages. Although a restaurant may contain a bar, the term “bar” shall not include the restaurant/dining area. The city council may extend the 15-foot limitation to encompass a larger area upon a demonstration by the owner of an establishment that such an area is primarily devoted to the serving of alcoholic beverages (such as a barroom, cocktail lounge or similar facility) and the serving of food is only incidental to the consumption of such beverages.
Business means any sole proprietorship, partnership, joint venture, corporation, or other business entity formed for profit or non-profit making purposes, as well as professional corporations and other entities where professional services are delivered.
Child care facility means any licensed nursery, day care center, preschool, or other facility engaged in the practice of providing care for children. A private residence is not a child care facility, except during those hours and in those portions of the residence when it is being used for the purpose of providing care for children.
Employee means any person who is employed by any employer in consideration for monetary compensation or profit, as well as any person who volunteers his or her services.
Employer means any person, partnership or corporation, including a municipal corporation or non-profit entity who employs the services of one or more individual persons.
Nonprofit entity means any corporation, unincorporated association or other entity created for charitable, philanthropic, educational, character building, political, social or other similar purposes, the net proceeds from the operations of which are committed to the promotion of the objects or purposes of the organization and not to private financial gain.
Nonsmoking area means an area in which smoking is prohibited.
Place of employment means any enclosed area under the control of a public or private employer which employees normally frequent during the course of employment, including, but not limited to, work areas, employee lounges, restrooms, conference and classrooms, employee cafeterias, and hallways. A private residence is not a place of employment.
Public area/place means any enclosed area to which the public is invited or in which the public is permitted. A private residence is not a public place.
Restaurant means any coffeeshop, cafeteria, sandwich stand, private and public school cafeteria, and any other eating establishment which gives or offers for sale food to the public, guests, or employees, except that the term “restaurant” shall not include a cocktail lounge or tavern if such cocktail lounge or tavern is a “bar” as defined hereinabove.
Retail store means any sole proprietorship, partnership, joint venture, corporation or other business entity where goods or services are sold or offered for sale.
Service line means any indoor line at which one or more persons are waiting for or receiving service of any kind, without regard to whether such service involves the exchange of money.
Smoking means inhaling, exhaling, burning or carrying any lighted cigar, cigarette, or other combustible tobacco product in any manner or in any form.
Sports arena means an enclosed sports pavilion, gymnasium, health spa, swimming pool, and other similar public place where members of the general public assemble either to engage in physical exercise, participate in athletic competition, or witness sports events.
Violation means the failure by any business, employer, nonprofit entity, restaurant or retail store to comply with any section of this article or the failure of any individual to observe any restrictions on smoking that are promulgated as a result of this article. Nothing in this article shall be interpreted as requiring an employer, restaurant or retail storeowner or any other person in charge of a place wherein smoking is regulated to be responsible for enforcing any provision of this article.
Durham, NC Code § 26-57. – Regulation of smoking in restaurants.
Effective: 9/7/93 – Through: 6/1/23
The owner of every restaurant with a seating capacity of 30 or more shall designate a nonsmoking area, consisting of at least 50 percent of the indoor seating capacity of the restaurant. The seating capacity of any bar or lounge, if it also serves as a dining area of restaurant, shall be included in the calculation of the total seating capacity of the restaurant.
Durham, NC Code § 26-59. – Regulation of smoking in places of employment.
Effective: 9/7/93 – Through: 6/1/23
(a) Employers shall be responsible for providing smoke-free areas for nonsmoking employees within existing facilities and, to the maximum extent possible, separating nonsmoking employees from smoking employees. However, employers are not required to incur any expense to make structural or other physical modifications in providing these areas.
(b) Notwithstanding the provisions of subsection (a) of this section, any employer shall have the right to designate any place of employment as a nonsmoking establishment.
Durham, NC Code § 26-63. – Exclusions.
Effective: 9/7/93 – Through: 6/1/23
The following areas shall not be subject to the restrictions of this article:
(1) Private residences, except where otherwise provided herein;
(2) Restaurants (or any separate room or section thereof), hotel rooms, conference or meeting rooms, and public transportation vehicles while they are being rented for private functions;
(3) State and federal facilities.
Durham County Board of Health Rule- Regulation of Smoking in Prescribed Public Areas
Effective: 10/9/17 – Through: 6/1/23
Section I. Findings and Purpose
WHEREAS, according to the Centers for Disease Control and Prevention (CDC), tobacco use and secondhand smoke exposure are leading preventable causes of illness and premature death in North Carolina and the nation; and
WHEREAS, Healthy North Carolina 2020 Tobacco Use Objectives are I ) decrease the percentage of adults who are current smokers, 2) decrease the percentage of high school students reporting current use of any tobacco product, and 3) decrease the percentage of people exposed to secondhand smoke in the workplace in the past seven days; and
WHEREAS, the CDC advises that all individuals with coronary heart disease or known risk factors for coronary heart disease should avoid all indoor environments that permit smoking; and
WHEREAS, tobacco is a recognized carcinogen in humans, and health risks associated with the use of tobacco products include myocardial infarction, stroke, and adverse reproductive outcomes; and
WHEREAS, in 2006, a report issued by the United States Surgeon General stated that the scientific evidence indicates that there is no risk-free level of exposure to secondhand smoke and that secondhand smoke has been proven to cause cancer, heart disease, and asthma attacks in both smokers and nonsmokers; and
WHEREAS, the 2006 Surgeon General’s Report also determined that children exposed to secondhand smoke are at an increased risk for sudden infant death syndrome (SIDS), acute respiratory infections, ear problems, and more severe asthma; and that smoking by parents causes respiratory symptoms and slows lung growth in their children; and
WHEREAS, research indicates that, during active smoking, outdoor levels of secondhand smoke may be as high as indoor levels and may pose a health risk for people in close proximity (such as sitting next to someone on a park bench, or children accompanying a smoking parent or guardian); and
WHEREAS, the CDC reports that smoking and smokeless tobacco use are frequently initiated and established during adolescence, that most people who begin smoking during adolescence are addicted by the age of 20, and that adolescent smokeless tobacco users are more likely than nonusers to become adult cigarette smokers; and WHEREAS, everyday an estimated 3,900 young people between 12 and 17 years of age try their first cigarette and an estimated 1,000 youth become daily cigarette smokers; and
WHEREAS, children model adult behavior and benefit from positive models of non-smoking behavior and positive reinforcement of healthy lifestyle messages through exposure to smoke free public areas; and
WHEREAS, environmental organizations, including Keep America Beautiful, the Ocean Conservancy, and NC Big Sweep, consistently report cigarette butts as a leading cause of litter; and
WHEREAS, small children playing in city athletic fields and playgrounds are more likely to ingest cigarette butts if they are discarded and accessible; and in 2008, American Poison Control Centers received over 7,000 reports of children under the age of 6 being poisoned by contact with tobacco products; and
WHEREAS, the Durham County Health Department provides support to employees and residents who want to quit the use of tobacco products. Employees and residents are also encouraged to talk to their health care provider about quitting; ask about appropriate pharmacotherapy available through their health insurance plan or employee’s insurer and to use the free quitting support services of the North Carolina Tobacco Use Quitline at 1-800-QUIT-NOW (1-800-784-8669); and
WHEREAS, on January 2, 20 I 0, “An Act To Prohibit Smoking In Certain Public Places And Certain Places Of Employment,” North Carolina Session Law 2009-27, became effective, authorizing local governments to adopt and enforce ordinances “that are more restrictive than State law and that apply in local government buildings, on local government grounds, in local vehicles, or in public places;” and
WHEREAS, pursuant to G.S. 130A-39(a), local boards of health have the responsibility to protect and promote the public’s health and to adopt rules necessary for that purpose; and WHEREAS, the Durham County Board of Health wishes to minimize the harmful effects of tobacco use among Durham County and the City of Durham employees and eliminate secondhand smoke exposure for employees and the public in certain buildings and grounds controlled by the county and city; and
WHEREAS, the Durham County Board of Health is committed to protecting the health of children and adults on city athletic fields and playgrounds by eliminating exposure to secondhand smoke and providing an environment that decreases the likelihood of children ingesting cigarette butts; and
WHEREAS, in 2015 the Centers for Disease Control and Prevention (CDC) stated that emitted e-cigarette aerosol is not just water vapor, but contains nicotine and can contain additional toxins, making it less safe than clean air. E-cigarette use has the potential to involuntarily expose children and adolescents, pregnant women, and non-users to aerosolized nicotine and, if the products are altered, to other psychoactive substances. Therefore, clean air-free of both smoke and e-cigarette aerosol-remains the standard to protect health; and
WHEREAS, because some e-cigarettes are designed to mimic smoking, allowing e-cigarette use in places where smoking is prohibited could complicate enforcement of smoke-free policies and renormalize tobacco use; and
WHEREAS, the 2016 Surgeon General’s Report on E-Cigarette Use Among Youth and Young Adults has stated that e-cigarettes use has become a public health concern and has recommended that e-cigarettes be included in smoke-free policies; and
WHEREAS, Durham County and the City of Durham government buildings, health care facilities and health care facility grounds in Durham County, hospitals and hospital grounds in Durham County, and Durham County Schools are currently operating under smoke-free or tobacco-free policies; and this Board finds and declares that, in order to protect the public health and welfare, it is in the best interest of the citizens of Durham County to expand these smoke-free policies by adopting a rule prohibiting smoking on Durham County grounds; on the City of Durham grounds; on the City of Durham’s Park System; in City or County bus stops; in the Durham Station Transportation Center and grounds; at the Durham Train Station and on all sidewalks as defined below;
NOW, THEREFORE, THE DURHAM COUNTY BOARD OF HEALTH ADOPTS THE FOLLOWING RULES:
Section II. Definitions
The following definitions are applicable to this rule.
1. “Bus Stop” -A designated area, whether enclosed or unenclosed, where buses stop for passengers to board or exit a bus. This term shall include areas at bus stops and bus shelters, beginning at the bus stop sign and extending for a radius of one hundred (100) feet around the bus stop sign. This area expressly excludes any private property that might fall within the one hundred (100) foot radius of the bus stop sign.
2. “City of Durham Grounds” -An unenclosed area owned, leased, or occupied by the City of Durham. .
3. “City of Durham Park System- An enclosed or unenclosed area owned, leased, maintained or occupied by the City of Durham that is part of the City of Durham Parks System including all city greenways and trails.
4. “City or County Bus Stops” – Any bus stop that is owned, leased, maintained or occupied by the City or County of Durham.
5. “Durham County Grounds” -An unenclosed area owned, leased, or occupied by Durham County.
6. “Durham Station Transportation Center” – The buildings and unenclosed areas owned, leased or occupied by the City of Durham that are used as the hub and home of local, regional, and intercity bus service.
7. “Enclosed Area” -An area with a roof or other overhead covering of any kind and walls or side coverings of any kind, regardless of the presence of openings for ingress and egress, on all sides or on all sides but one.
8. “Hospital grounds” – Any unenclosed area, which is owned, leased, or occupied by an institution that is licensed to administer medical treatment or the primary function of which is to provide medical treatment in this State and which provides inpatient, outpatient, and emergency medical treatment.
9. “Sidewalk” – Any sidewalk that is owned, leased, maintained or occupied by the City or County of Durham.
10. “Smoking”. – The use or possession of a lighted cigarette, lighted cigar, lighted pipe, or any other lighted tobacco product.
11. “Tobacco Use” -The use of any product containing tobacco.
12. ”N o Smoking Symbol” – Symbol consisting of a pictorial representation of a burning cigarette and/or an e-cigarette enclosed in a circle with a bar across it.
13. “Human Services Facility and Campus” – The Durham County Human Services Building located at 414 E. Main Street, Durham North Carolina 27701 and all adjacent and affiliated buildings.
14. “Private Club” – A country club or an organization that maintains selective members, is operated by the membership, does not provide food or lodging for pay to anyone who is not a member or a member’s guest, and is either incorporated as a nonprofit corporation in accordance with Chapter 55A of the General Statutes or is exempt from federal income tax under the internal revenue code as defined in G.S. 105-130.2(1).
15. “Tobacco Shop” – A business establishment, the main purpose of which is the sale of tobacco, tobacco products, and accessories for such products, that receive no less than seventy-five (75%) of its total annual revenues from the sale of tobacco, tobacco products, and accessories for such products, and does not serve food or alcohol on its premises.
16. “E-cigarettes” – Any electronic oral device that employs a mechanical heating element, battery, or electronic circuit regardless of shape or size and that can be used to heat a liquid nicotine solution or any other substance, and the use or inhalation of which simulates smoking. The term shall include any such device, whether manufactured, distributed, marketed, or sold as an e-cigarette, ecigar, e-pipe, e-hookah or under any other produce name or descriptor.
17. ”Nicotine Replacement Products” – Any tobacco treatment product approved by the U.S. Food and Drug Administration for medical purposes. This includes gum, patches, lozenges, inhalers that are not considered tobacco products. These products are excluded from this Rule.
18. “Cigar Bar” – An establishment with a permit to sell alcoholic beverages pursuant to subdivision ( I ),(3),(5) or ( I 0) ofG.S. l 8B-I 00 I that satisfies all of the following:
a. Generates sixty percent (60%) or more of its quarterly gross revenue from the sale of alcoholic beverages and twenty-five percent (25%) or more of its quarterly gross revenue from the sale of cigars;
b. Has a humidor on the premises; and
c. Does not allow individuals under the age of21 to enter the premises.
Revenue generated from other tobacco sales, including cigarette vending machines, shall not be used to determine whether an establishment satisfies the definition of cigar bar.
Section III Smoking Prohibited.
Smoking, including e-cigarettes, is prohibited in/on all of the following:
(a) City of Durham Grounds;
(b) City of Durham Parks System including playgrounds and athletic fields;
(c) City or County Bus Stops;
( d) Durham County Grounds;
(e) Durham Station Transportation Center (except as specifically designated);
(f) Sidewalks as defined above;
(g) Hospital Grounds;
(h) Child Care Facilities;
(i) Enclosed Shopping Malls;
(j) Elevators;
(k) Polling Places;
(I) Public Restrooms;
(m) Public Areas of Retail Stores;
(n) Service Lines;
(o) Public Transportation;
(p) Public Areas of Galleries, Libraries and Museums;
(q) Lobbies, Hallways and other Common Areas m Apartment Buildings, Condominiums, Retirement Facilities, Nursing Homes and Other Multi-Unit Residential Facilities;
(r) Durham Train Station (except as specifically designated);
(s) Durham County Trails and Parks.
Section IV All Tobacco Use Prohibited. including e-cigarettes.
All tobacco use is prohibited on County of Durham Human Services Facilities and Campus