The Vermont Statutes Online

Title 18: Health

Chapter 37: SMOKING IN PUBLIC PLACES

§ 1741. Definitions

As used in this chapter:

(1) "Tobacco products" shall have the meaning given in 7 V.S.A. § 1001.

(2) "A place of public access" means any place of business, commerce, banking, financial service, or other service-related activity, whether publicly or privately owned and whether operated for profit or not, to which the general public has access or which the general public uses, including buildings, offices, means of transportation, common carrier waiting rooms, arcades, restaurants, bars and cabarets, retail stores, grocery stores, libraries, theaters, concert halls, auditoriums, arenas, barber shops, hair salons, laundromats, shopping malls, museums, art galleries, sports and fitness facilities, planetariums, historical sites, common areas of nursing homes, hospitals, resorts, hotels and motels, including the lobbies, hallways, elevators, restaurants, restrooms, cafeterias, and buildings or facilities owned or operated by a social, fraternal, or religious club.

(3) "Publicly owned buildings and offices" means enclosed indoor places or portions of such places owned, leased, or rented by state, county, or municipal governments, or by agencies supported by appropriation of, or by contracts or grants from, funds derived from the collection of federal, state, county, or municipal taxes. (Added 1993, No. 46, § 2; amended 2005, No. 34, § 1, eff. Sept. 1, 2005.)

§ 1742. Restrictions on smoking in public places

The possession of lighted tobacco products in any form is prohibited in the common areas of all enclosed indoor places of public access and publicly owned buildings and offices. (Added 1993, No. 46, § 2.)

§ 1743. Exceptions

The restrictions in this chapter on possession of lighted tobacco products do not apply to areas not commonly open to the public of owner-operated businesses with no employees. (Added 1993, No. 46, § 2; amended 2005, No. 34, § 2, eff. Sept. 1, 2005; 2009, No. 32, § 3.)

§ 1744. Repealed. 2005, No. 34, § 3, eff. Sept. 1, 2005.

§ 1745. Enforcement

A proprietor, or the agent or employee of a proprietor, who observes a person in possession of lighted tobacco products in apparent violation of this chapter shall ask the person to extinguish all lighted tobacco products. If the person persists in the possession of lighted tobacco products, the proprietor, agent or employee shall ask the person to leave the premises. (Added 1993, No. 46, § 2.)

§ 1746. Municipal ordinances

Nothing in this chapter shall be construed to supersede or in any manner affect a municipal smoking ordinance provided that the provisions of such ordinance are at least as protective of the rights of nonsmokers as the provisions of this chapter. (Added 1993, No. 46, § 2.)