Okla. Stat. tit. 63, § 1-1525. Owner Prevention of Smoking or Marijuana Vaping in Nonsmoking Areas
Effective: 8/30/19 – Through: 6/1/23
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 tobacco or marijuana smoking or marijuana vaping in public places:
1. Post conspicuous signs at entrances to and in prominent locations within places where tobacco or marijuana smoking or marijuana vaping is prohibited which state that tobacco or marijuana smoking or marijuana vaping is prohibited or that the indoor environment is free of tobacco or marijuana smoke or marijuana vapor; and
2. Ask tobacco or marijuana smokers or marijuana vapers to refrain from smoking upon observation of anyone violating the provisions of Section 1-1521 et seq. of this title.
Okla. Stat. tit. 63, § 1-1522. Definitions
Effective: 8/20/15 – Through: 6/1/23
As used in this act:
1. “Educational facility” means a building owned, leased or under the control of a technology center school district or a public or private college or university;
2. “Health facility” means 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;
3. “Indoor workplace” means any indoor place of employment or employment-type service for or at the request of another individual or individuals, or any public or private entity, whether part-time or full-time and whether for compensation or not. Such services shall include, without limitation, any service performed by an owner, employee, independent contractor, agent, partner, proprietor, manager, officer, director, apprentice, trainee, associate, servant or volunteer. An indoor workplace includes work areas, employee lounges, restrooms, conference rooms, classrooms, employee cafeterias, hallways, any other spaces used or visited by employees, and all space between a floor and ceiling that is predominantly or totally enclosed by walls or windows, regardless of doors, doorways, open or closed windows, stairways, or the like. The provisions of this section shall apply to such indoor workplace at any given time, whether or not work is being performed;
4. “Meeting” means a meeting as defined in the Oklahoma Open Meeting Act;
5. “Public body” means a public body as defined in the Oklahoma Open Meeting Act;
6. “Public place” means any enclosed indoor area where individuals other than employees are invited or permitted;
7. “Restaurant” means any eating establishment regardless of seating capacity;
8. “Smoking” means the carrying by a person of a lighted cigar, cigarette, pipe or other lighted smoking device; and
9. “Stand-alone bar”, “stand-alone tavern”, and “cigar bar” mean an establishment that derives more than sixty percent (60%) of its gross receipts, subject to verification by competent authority, from the sale of alcoholic beverages and low-point beer and no person under twenty-one (21) years of age is admitted, except for members of a musical band employed or hired as provided in paragraph 2 of subsection B of Section 537 of Title 37 of the Oklahoma Statutes and that is not located within, and does not share any common entryway or common indoor area with, any other enclosed indoor workplace, including a restaurant.
Oklahoma City, OK, § 30-470. – Definitions.
Effective: 2/18/20 – Through: 6/1/23
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
(1) Educational facility means any property, building, permanent structure, facility auditorium, stadium, arena or recreational facility owned, leased or under the control of a public school district or private school, provided, a public school district shall not include a technology center school district;
(2) Incidental public access means that a place of business has only an occasional person, who is not an employee, present at the business to transact business or make a delivery. It does not include businesses that depend on walk-in customers for any part of their business;
(3) Indoor workplace means any indoor place of employment or employment-type service for or at the request of another individual or individuals, or any public or private entity, whether part-time or full-time and whether for compensation or not. Such services shall include, without limitation, any service performed by an owner, employee, independent contractor, agent, partner, proprietor, manager, officer, director, apprentice, trainee, associate, servant or volunteer. An indoor workplace includes work areas, employee lounges, restrooms, conference rooms, classrooms, employee cafeterias, hallways, any other spaces used or visited by employees, and all space between a floor and ceiling that is predominantly or totally enclosed by walls or windows, regardless of doors, doorways, open or closed windows, stairways, or the like. The provisions of this section shall apply to such indoor workplace at any given time, whether or not work is being performed;
(4) Marijuana product means any product, regardless of form, that contains cannabinoids derived or extracted from the cannabis plant or the resin therefrom, and also includes synthetic cannabinoids and cannabis plant material.
(5) Public place means any enclosed indoor area where individuals other than employees are invited or permitted; the term is synonymous with the phrase any indoor place used by or open to the public;
(6) Restaurant means any eating establishment regardless of seating capacity;
(7) Smoking means the carrying by a person of a lighted cigar, cigarette, pipe or any other device that produces smoke or fumes from burning materials;
(8) Stand-alone bar, stand-alone tavern, and cigar bar mean an establishment that derives more than 60 percent of its gross receipts, subject to verification by competent authority, from the sale of alcoholic beverages and low-point beer and no person under 21 years of age is admitted, except for members of a musical band employed or hired as provided in Paragraph 2 of Subsection B of Section 537 of Title 37 of the Oklahoma Statutes and that is not located within, and does not share any common entryway or common indoor area with, any other enclosed indoor workplace, including a restaurant;
(9) Tobacco product shall mean any bidis, cigars, cheroots, stogies, smoking tobacco and chewing tobacco, however prepared. Tobacco products shall also include any other articles or products made of tobacco or any substitute thereof;
(10) Vaping means the action or practice of inhaling and exhaling the vapor produced by a vapor product, electronic cigarette, or similar device; and
(11) Vapor product means noncombustible products, that may or may not contain nicotine, that employ a mechanical heating element, battery, electronic circuit or other mechanism, regardless of shape or size, that can be used to produce a vapor in a solution or other form; vapor products shall include any vapor cartridge or other container with or without nicotine or other form that is intended to be used with an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe or similar product or device and any vapor cartridge or other container of a solution, that may or may not contain nicotine, that is intended to be used with or in an electronic cigarette, electronic cigar, electronic cigarillo or electronic device. Vapor products do not include any products regulated by the United States Food and Drug Administration under Chapter V of the Food, Drug and Cosmetic Act.
Okla. Stat. tit. 63, § 1-1527. Preemption
Effective: 11/1/13 – Through: 6/1/23
The State Legislature by adopting this act intends to preempt any other regulation promulgated to control smoking in public places and to standardize laws that governmental subdivisions may adopt to control smoking. Cities and towns may enact and enforce laws prohibiting and penalizing conduct under provisions of this act, but the provisions of such laws shall be the same as provided in this act and the enforcement provisions under such laws shall not be more stringent than those of this act; provided, however, that cities and towns shall be authorized to enact laws restricting smoking on properties owned or operated by the respective governing bodies. Nothing in this section shall be construed as to prevent county or municipal governments, at the discretion of the respective governing bodies, from prohibiting smoking in or on property owned or operated by the respective governing bodies.
Okla. Stat. tit. 21, § 1247. Smoking in Certain Public Places Prohibited – Punishment
Effective: 11/1/21 – Through: 6/1/23
A. The possession of lighted tobacco in any form is a public nuisance and dangerous to public health and is hereby prohibited when such possession is in any indoor place used by or open to the public, all parts of a zoo to which the public may be admitted, whether indoors or outdoors, public transportation or any indoor workplace, except where specifically allowed by law. Commercial airport operators may prohibit the use of lighted tobacco or lighted marijuana or the vaping of marijuana in any area that is open to or used by the public whether located indoors or outdoors, provided that the outdoor area is within one hundred seventy-five (175) feet from an entrance.
As used in this section, “indoor workplace” means any indoor place of employment or employment-type service for or at the request of another individual or individuals, or any public or private entity, whether part-time or full-time and whether for compensation or not. Such services shall include, without limitation, any service performed by an owner, employee, independent contractor, agent, partner, proprietor, manager, officer, director, apprentice, trainee, associate, servant or volunteer. An indoor workplace includes work areas, employee lounges, restrooms, conference rooms, classrooms, employee cafeterias, hallways, any other spaces used or visited by employees and all space between a floor and ceiling that is predominantly or totally enclosed by walls or windows, regardless of doors, doorways, open or closed windows, stairways or the like. The provisions of this section shall apply to such indoor workplace at any given time, whether or not work is being performed.
B. All buildings and other properties, or portions thereof, owned or operated by this state shall be designated as nonsmoking. The tobacco smoking provisions of this subsection shall not apply to veterans centers operated by this state pursuant to the provisions of Section 221 et seq. of Title 72 of the Oklahoma Statutes, which shall be designated nonsmoking effective January 1, 2015, at which time veterans centers may establish outdoor designated smoking areas for resident veterans only. Smoking tobacco shall only be allowed in designated outdoor smoking areas.
C. Any building, property or portion of any building or property owned or operated by a county or municipal government, or any trust or authority with a county or municipal government as the beneficiary, at the discretion of the county or municipal governing body, may be designated as a smoke-free location. For the purposes of this subsection, “smoke-free location” means a location where the use of tobacco, nicotine, marijuana or other lawful products consumed in a smoked or vaporized manner are prohibited.
D. All educational facilities or portions thereof as defined in the Smoking in Public Places and Indoor Workplaces Act and all educational facilities as defined in the 24/7 Tobacco-free Schools Act shall be designated as nonsmoking as provided for in Section 1-1523 of Title 63 of the Oklahoma Statutes. All campuses, buildings and grounds, or portions thereof, owned or operated by an institution within The Oklahoma State System of Higher Education may be designated as tobacco and marijuana free including smoking or smokeless tobacco or smokable or vaporable marijuana, by the institution upon adoption of a policy stating the restrictions for the institution and an intent to enforce the penalty for violations as set forth in subsection M of this section.
E. No tobacco or marijuana smoking or marijuana vaping shall be allowed within twenty-five (25) feet of the entrance or exit of any building specified in subsection B, C or D of this section.
F. The restrictions on tobacco smoking provided in this section shall not apply to stand-alone bars, stand-alone taverns and cigar bars as defined in Section 1-1522 of Title 63 of the Oklahoma Statutes.
G. The restrictions on tobacco smoking provided in this section shall not apply to the following:
1. The room or rooms where licensed charitable bingo games are being operated, but only during the hours of operation of such games;
2. Up to twenty-five percent (25%) of the guest rooms at a hotel or other lodging establishment;
3. Retail tobacco stores predominantly engaged in the sale of tobacco products and accessories and in which the sale of other products is merely incidental and in which no food or beverage is sold or served for consumption on the premises;
4. Workplaces where only the owner or operator of the workplace, or the immediate family of the owner or operator, performs any work in the workplace, and the workplace has only incidental public access. “Incidental public access” means that a place of business has only an occasional person, who is not an employee, present at the business to transact business or make a delivery. It does not include businesses that depend on walk-in customers for any part of their business;
5. Workplaces occupied exclusively by one or more tobacco smokers, if the workplace has only incidental public access;
6. Private offices occupied exclusively by one or more smokers;
7. Workplaces within private residences, except that smoking tobacco or marijuana or vaping marijuana shall not be allowed inside any private residence that is used as a licensed child care facility during hours of operation;
8. Medical research or treatment centers, if tobacco smoking is integral to the research or treatment. Furthermore, the restrictions on smoking or vaping of marijuana provided in this section shall not apply to medical research or treatment centers, if marijuana smoking or vaping is integral to the research or treatment;
9. A facility operated by a post or organization of past or present members of the Armed Forces of the United States which is exempt from taxation pursuant to Section 501(c)(8), 501(c)(10) or 501(c)(19) of the Internal Revenue Code, 26 U.S.C., Section 501(c)(8), 501(c)(10) or 501(c)(19), when such facility is utilized exclusively by its members and their families and for the conduct of post or organization nonprofit operations except during an event or activity which is open to the public; and
10. Any outdoor seating area of a restaurant; provided, smoking tobacco or smoking or vaping marijuana shall not be allowed within fifteen (15) feet of any exterior public doorway or any air intake of a restaurant.
H. An employer not otherwise restricted from doing so may elect to provide tobacco smoking rooms where no work is performed except for cleaning and maintenance during the time the room is not in use for tobacco smoking, provided each tobacco smoking room is fully enclosed and exhausted directly to the outside in such a manner that no tobacco smoke can drift or circulate into a nonsmoking area. No exhaust from a tobacco smoking room shall be located within fifteen (15) feet of any entrance, exit or air intake.
I. If tobacco smoking is to be permitted in any space exempted in subsection F or G of this section or in a tobacco smoking room pursuant to subsection H of this section, such tobacco smoking space must either occupy the entire enclosed indoor space or, if it shares the enclosed space with any nonsmoking areas, the tobacco smoking space shall be fully enclosed, exhausted directly to the outside with no air from the tobacco smoking space circulated to any nonsmoking area, and under negative air pressure so that no tobacco smoke can drift or circulate into a nonsmoking area when a door to an adjacent nonsmoking area is opened. Air from a tobacco smoking room shall not be exhausted within fifteen (15) feet of any entrance, exit or air intake. Any employer may choose a more restrictive tobacco smoking policy including being totally tobacco smoke free.
J. Notwithstanding any other provision of this section, until March 1, 2006, restaurants may have designated tobacco smoking and nonsmoking areas or may be designated as being a totally nonsmoking area. Beginning March 1, 2006, restaurants shall be totally nonsmoking or may provide nonsmoking areas and designated tobacco smoking rooms. Food and beverage may be served in such designated tobacco smoking rooms which shall be in a location which is fully enclosed, directly exhausted to the outside, under negative air pressure so tobacco smoke cannot escape when a door is opened, and no air is recirculated to nonsmoking areas of the building. No exhaust from such room shall be located within twenty-five (25) feet of any entrance, exit or air intake. Such room shall be subject to verification for compliance with the provisions of this subsection by the State Department of Health.
K. The person who owns or operates a place where tobacco smoking or use is prohibited by law shall be responsible for posting a sign or decal, at least four (4) inches by two (2) inches in size, at each entrance to the building indicating that the place is smoke-free or tobacco-free.
L. Responsibility for posting signs or decals shall be as follows:
1. In privately owned facilities, the owner or lessee, if a lessee is in possession of the facilities, shall be responsible;
2. In corporately owned facilities, the manager and/or supervisor of the facility involved shall be responsible; and
3. In publicly owned facilities, the manager and/or supervisor of the facility shall be responsible.
M. Any person who knowingly violates the provisions of this section shall be punished by a citation and fine of not more than One Hundred Dollars ($100.00).
Okla. Stat. tit. 63, § 1-1523. Prohibition Against Smoking – Exemptions
Effective: 8/30/19 – Through: 6/1/23
A. Except as specifically provided in the Smoking in Public Places and Indoor Workplaces Act, no person shall smoke tobacco or marijuana or vape marijuana in a public place, in any part of a zoo to which the public may be admitted, whether indoors or outdoors, in an indoor workplace, in any vehicle providing public transportation, at a meeting of a public body, in a nursing facility licensed pursuant to the Nursing Home Care Act, or in a child care facility licensed pursuant to the Oklahoma Child Care Facilities Licensing Act. A nursing facility licensed pursuant to the Nursing Home Care Act may designate tobacco smoking rooms for residents and their guests. Such rooms shall be fully enclosed, directly exhausted to the outside, and shall be under negative air pressure so that no tobacco smoke can escape when a door is opened and no air is recirculated to nonsmoking areas of the building. Commercial airport operators may prohibit the use of lighted tobacco or lighted marijuana or the vaping of marijuana in any area that is open to or used by the public whether located indoors or outdoors, provided that the outdoor area is within one hundred seventy-five (175) feet from an entrance.
B. 1. Except as otherwise provided in paragraph 2 of this subsection, a technology center school district which offers an early childhood education program or in which children in grades kindergarten through twelve are educated shall prohibit tobacco or marijuana smoking or marijuana vaping, the use of marijuana products, snuff, chewing tobacco or any other form of tobacco product in the educational facility 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.
2. A technology center school district may designate tobacco smoking areas outside of buildings, away from general traffic areas and completely out of sight of children under eighteen (18) years of age, for use by adults attending training courses, sessions, meetings or seminars.
3. A technology center school district or college or university may designate tobacco smoking areas outside the educational facility buildings for the use of adults during certain activities or functions, including, but not limited to, athletic contests.
4. Smoking tobacco or marijuana or vaping marijuana shall be prohibited in an educational facility as defined in the 24/7 Tobacco-free Schools Act and as provided for in Section 1210.213 of Title 70 of the Oklahoma Statutes.
C. Nothing in this section shall be construed to prohibit educational facilities from having more restrictive policies regarding tobacco or marijuana smoking or marijuana vaping and the use of other marijuana or tobacco products in the buildings or on the grounds of the facility.
D. A private residence is not a “public place” within the meaning of the Smoking in Public Places and Indoor Workplaces Act except that areas in a private residence that are used as a licensed child care facility during hours of operation are “public places” within the meaning of the Smoking in Public Places and Indoor Workplaces Act.
E. Smoking tobacco or marijuana or vaping marijuana is prohibited in all vehicles owned by the State of Oklahoma and all of its agencies and instrumentalities.
F. Veterans centers operated by this state pursuant to the provisions of Section 221 et seq. of Title 72 of the Oklahoma Statutes shall be designated nonsmoking effective January 1, 2015, at which time veterans centers may establish outdoor designated smoking areas for resident veterans only. Smoking tobacco shall only be allowed in designated outdoor smoking areas.
G. An employer not otherwise restricted from doing so may elect to provide tobacco smoking rooms where no work is performed except for cleaning and maintenance during the time the room is not in use for tobacco smoking, provided each tobacco smoking room is fully enclosed and exhausted directly to the outside, in such manner that no tobacco smoke can drift or circulate into a nonsmoking area. No exhaust from a tobacco smoking room shall be located within fifteen (15) feet of any entrance, exit or air intake. If tobacco smoking is to be permitted in any space exempted in subsection H of this section or in a tobacco smoking room pursuant to subsection I of this section, such tobacco smoking space must either occupy the entire enclosed indoor space or, if it shares the enclosed space with any nonsmoking areas, the tobacco smoking space shall be fully enclosed, exhausted directly to the outside with no air from the tobacco smoking space circulated to any nonsmoking area, and under negative air pressure so that no tobacco smoke can drift or circulate into a nonsmoking area when a door to an adjacent nonsmoking area is opened. Air from a tobacco smoking room shall not be exhausted within fifteen (15) feet of any entrance, exit or air intake.
H. The Smoking in Public Places and Indoor Workplaces Act shall not prohibit tobacco smoking in:
1. Stand-alone bars, stand-alone taverns or cigar bars;
2. The room or rooms where licensed charitable bingo games are being operated, but only during the hours of operation of such games;
3. Up to twenty-five percent (25%) of the guest rooms at a hotel or other lodging establishment;
4. Retail tobacco stores predominantly engaged in the sale of tobacco products and accessories and in which the sale of other products is merely incidental and in which no food or beverage is sold or served for consumption on the premises;
5. Workplaces where only the owner or operator of the workplace, or the immediate family of the owner or operator, performs any work in the workplace, and the workplace has only incidental public access;
6. Workplaces occupied exclusively by one or more tobacco smokers, if the workplace has only incidental public access. “Incidental public access” means that a place of business has only an occasional person, who is not an employee, present at the business to transact business or make a delivery. It does not include businesses that depend on walk-in customers for any part of their business;
7. Private offices occupied exclusively by one or more smokers;
8. Workplaces within private residences, except that smoking tobacco or marijuana or vaping marijuana shall not be allowed inside any private residence that is used as a licensed child care facility during hours of operation;
9. A facility operated by a post or organization of past or present members of the Armed Forces of the United States which is exempt from taxation pursuant to Sections 501(c)(8), 501(c)(10) or 501(c)(19) of the Internal Revenue Code, 26 U.S.C., Section 501(c)(8), 501(c)(10) or 501(c)(19), when such facility is utilized exclusively by its members and their families and for the conduct of post or organization nonprofit operations except during an event or activity which is open to the public;
10. Any outdoor seating area of a restaurant; provided, tobacco or marijuana smoking or vaping marijuana shall not be allowed within fifteen (15) feet of any exterior public doorway or any air intake of a restaurant; and
11. Medical research or treatment centers, if tobacco smoking is integral to the research or treatment. Furthermore, the restrictions on smoking or vaping of marijuana provided in this section shall not apply to medical research or treatment centers, if marijuana smoking or vaping is integral to the research or treatment.
I. Notwithstanding any other provision of the Smoking in Public Places and Indoor Workplaces Act, until March 1, 2006, restaurants may have designated tobacco smoking and nonsmoking areas or may be designated as being a totally nonsmoking area. Beginning March 1, 2006, restaurants shall be totally nonsmoking or may provide nonsmoking areas and designated tobacco smoking rooms. Food and beverage may be served in such designated tobacco smoking rooms which shall be in a location which is fully enclosed, directly exhausted to the outside, under negative air pressure so tobacco smoke cannot escape when a door is opened, and no air is recirculated to nonsmoking areas of the building. No exhaust from such room shall be located within twenty-five (25) feet of any entrance, exit or air intake. Such room shall be subject to verification for compliance with the provisions of this subsection by the State Department of Health.
Oklahoma City, OK, § 30-473. – Designated smoking rooms and areas.
Effective: 2/18/18 – Through: 6/1/23
The following do not include or permit the smoking or vaping of any marijuana product:
(a) An employer not otherwise restricted from doing so pursuant to State law may elect to provide rooms for smoking and vaping where no work is performed except for cleaning and maintenance during the time the room is not in use for smoking or vaping, provided each room is fully enclosed and exhausted directly to the outside in such a manner that no smoke or vapor can drift or circulate into a nonsmoking area. No exhaust from a room designated for smoking or vaping shall be located within 15 feet of any entrance, exit or air intake.
(b) If smoking or vaping is to be permitted in any space exempted in Section 30-472 of this article or in a room designated for smoking or vaping pursuant to Subsection (a) of this section, such space must either occupy the entire enclosed indoor space or, if it shares the enclosed space with any nonsmoking areas, the space shall be fully enclosed, exhausted directly to the outside with no air from the space circulated to any nonsmoking area, and under negative air pressure so that no smoke or vapor can drift or circulate into a nonsmoking area when a door to an adjacent nonsmoking area is opened. Air from a smoking or vaping room shall not be exhausted within 15 feet of any entrance, exit or air intake. Any employer may choose a more restrictive policy, including being totally smoke and vapor free.
(c) A nursing facility licensed pursuant to the Nursing Home Care Act may designate tobacco smoking rooms for residents and their guests. Such rooms shall be fully enclosed, directly exhausted to the outside, and shall be under negative air pressure so that no smoke can escape when a door is opened and no air is recirculated to nonsmoking areas of the building.
Restaurants shall be totally nonsmoking or may provide smoke-free and vapor-free areas and designated smoking or vaping rooms. Food and beverage may be served in such designated rooms which shall be in a location which is fully enclosed, directly exhausted to the outside, under negative air pressure so any smoke or vapor cannot escape when a door is opened, and no air is recirculated to nonsmoking areas of the building. No exhaust from such room shall be located within 25 feet of any entrance, exit or air intake. Such room shall be subject to verification for compliance with the provisions of this subsection by the State Department of Health.
Oklahoma City, OK, § 30-472 Exemptions.
Effective: 2/18/20 – Through: 6/1/23
Except for smoking or vaping of any marijuana product, he restrictions provided in Section 30-471 shall not apply to the following:
(a) stand-alone bars, stand-alone taverns and cigar bars;
(b) the room or rooms where licensed charitable bingo games are being operated, but only during the hours of operation of such games;
(c) up to 25 percent of the guest rooms at a hotel or other lodging establishment;
(d) retail tobacco stores predominantly engaged in the sale of tobacco products and accessories and in which the sale of other products is merely incidental and in which no food or beverage is sold or served for consumption on the premises;
(e) workplaces where only the owner or operator of the workplace, or the immediate family of the owner or operator, performs any work in the workplace, and the workplace has only incidental public access;
(f) workplaces occupied exclusively by one or more tobacco smokers, if the workplace has only incidental public access;
(g) private offices occupied exclusively by one or more smokers;
(h) private residences and workplaces within private residences, except that smoking or vaping shall not be allowed inside any private residence that is used as a licensed child care facility during hours of operation;
(i) medical research or treatment centers, if smoking is integral to the research or treatment;
(j) a facility operated by a post or organization of past or present members of the Armed Forces of the United States which is exempt from taxation pursuant to Sections 501 (c)(8), 501 (c)(10) or 501 (c)(19) of the Internal Revenue Code, 26 U.S.C., Sections 501 (c)(8), 501 (c)(10) or 501 (c)(19), when such facility is utilized exclusively by its members and their families and for the conduct of post or organization nonprofit operations except during an event or activity which is open to the public; and
(k) any outdoor seating area of a restaurant; provided, smoking or vaping shall not be allowed within 15 feet of any exterior public doorway or any air intake of a restaurant.
Oklahoma City, OK, § 30-471. – Possession of lighted tobacco in certain places prohibited.
Effective: 2/18/18 – Through: 6/1/23
(a) Smoking and vaping is a public nuisance and dangerous to public health and is hereby prohibited, when such smoking or vaping is in any indoor place used by or open to the public, all parts of a zoo to which the public may be admitted, whether indoors or outdoors, public parks, whether indoors or outdoors, in any indoor workplace, in any vehicle providing public transportation, at a meeting of a public body, in a nursing facility licensed pursuant to the Nursing Home Care Act, or in a child care facility licensed pursuant to the Oklahoma Child Care Facilities Licensing Act. Commercial airport operators may prohibit smoking and vaping in any area that is open to or used by the public whether located indoors or outdoors, provided that the outdoor area is within 175 feet from an entrance.
(b) Except as otherwise provided in this article, smoking and vaping are prohibited in all buildings owned or operated by The City of Oklahoma City. Except as otherwise provided in this article, smoking and vaping are also banned outdoors within the boundaries of all property owned or operated by The City of Oklahoma City, except for streets, alleys, sidewalks adjacent to a street and any other similar public ways used solely for the purpose of public travel, unless they are within the boundaries of a City park and except for any facility operating pursuant to a license issued by the Oklahoma Horse Racing Commission on City-owned lands and public golf courses on City-owned lands. Smoking and vaping are prohibited on City trails (identified in the Oklahoma City Trails Master Plan until superseded by and then identified in the Oklahoma City Bicycle Pedestrian Master Plan) filed with the City Clerk and posted with signage. Smoking and vaping are also prohibited on any closed street, alley or sidewalk pursuant to a revocable permit if the permit prohibits smoking and vaping and signage is posted.
(c) Smoking and vaping in an educational facility, a school vehicle, or at any school-sponsored or school-sanctioned event or activity shall be prohibited. The use of any tobacco product and vapor product shall be prohibited in or on an educational facility that offers an early childhood education program or in which children in grades kindergarten through 12 are educated, in a school vehicle, or at any school-sponsored or school-sanctioned event or activity. All campuses, buildings and grounds, or portions thereof, owned or operated by an institution within the Oklahoma State System of Higher Education may be designated as tobacco and marijuana free, including smoking or smokeless tobacco, and smoking and vaping may be prohibited, , by the institution upon adoption of a policy stating the restrictions for the institution. A technology center school district which offers an early childhood education program or in which children in grades kindergarten through 12 are educated shall prohibit smoking and vaping, the use of marijuana products, snuff, chewing tobacco or any other form of tobacco product in the buildings and on the grounds of the facility by all persons 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; provided, a technology center school district may designate tobacco smoking areas outside of educational facility buildings, away from general traffic areas and completely out of sight of children under 18 years of age, for use by adults attending training courses, sessions, meetings or seminars. A technology center school district or college or university may designate tobacco smoking areas outside the educational facility buildings for the use of adults during certain activities or functions, including, but not limited to, athletic contests.
(d) Notwithstanding (b), (c) and (d), no smoking or vaping shall be allowed within 25 feet of the entrance or exit of any building specified in Subsection (b), (c) or (d) of this section.
(e) Veterans centers operated by the State pursuant to the provisions of Section 221 et seq. of Title 72 of the Oklahoma Statutes, shall be designated nonsmoking; veterans centers may establish outdoor designated tobacco smoking areas for resident veterans only.
(f) The prohibition or regulation of smoking or vaping as established in this Article shall include the smoking or vaping of any marijuana product.