Ban on public smoking begins in Tenn.

Ban on public smoking begins in Tenn.

October 1, 2007

NASHVILLE (WATE/AP) -- A ban on smoking in most Tennessee restaurants and office buildings went into effect Monday.

That leaves few places where Tennessee smokers can puff publicly without a penalty.

Where the smoking ban applies (not limited to these areas):

• Restaurants
• Public and private educational facilities
• Health care facilities
• Hotels and motels
• Retail stores and shopping malls
• Sports arenas, including enclosed public areas in outdoor arenas
• Restrooms, lobbies, reception areas, hallways and other common-use areas
• Lobbies, hallways and other common areas in apartment buildings and other multiple-unit residential facilities
• Child care and adult day care facilities

Areas that are exempt from the ban:

• Private homes, private residences and private motor vehicles unless used for child care or day care
• Non-enclosed areas of public places, including open air patios, porches or decks; any that are enclosed by garage type doors when all such doors are open; and any that are enclosed by tents or awnings with removable sides or vents when all such sides or vents are removed or open (Smoke from these areas must not infiltrate into areas where smoking is prohibited.)
• Venues that restrict access to persons who are 21 or older at all times
• Private businesses with 3 or few employees, where smoking may be allowed only in an enclosed room not accessible to the general public; smoke from such a room must not infiltrate into areas where smoking is prohibited
• Private clubs
• Smoking rooms in hotels and motels, provided that no more than 25 percent of the rooms in a hotel or motel can be designated as smoking rooms
• Tobacco manufacturers, importers and wholesalers
• Retail tobacco stores that prohibit minors
• Nursing homes and long-term care facilities, which are subject to the policies and procedures established by those facilities.
• Commercial vehicles when the vehicle is occupied only by the operator

Restaurants around the state are doing away with smoking sections and the state is getting ready to enforce the new legislation. But don't expect a major crackdown just yet.

State Health Commissioner Susan R. Cooper says officials want to educate people the first few months.

Penalties for smoking

Later, they'll penalize smokers who break the law.

A person who knowingly smokes in a prohibited area is subject to a civil penalty of $50.

Businesses also face fines for repeat violations. Strike one is a warning. Strike two, within the same year, is a $100 fine. And strike three in the same year earns a $500 fine.

Some restaurants switched to non-smoking early, by getting rid of ashtrays and cigarette vending machines and posting non-smoking signs.

Diners also say they noticed shorter wait times for tables at restaurants that banned smoking early.

How to report violations:

There are two ways to file a complaint or report a violation.

• Click here to report a complaint online
• Call: 1-800-293-8228

Some portions of this report copyright 2007 by The Associated Press. All Rights Reserved.