The Kansas Clean Indoor Air Act (KSA 21-4009et seq.) prohibits smoking in public places and places of employment, including restaurants and bars; common areas in public and private buildings, condominiums, and other multiple-residential facilities; and public transportation vehicles, including taxicabs and limousines.
Each employer must adopt, communicate, and maintain a written no-smoking policy for its workplace and inform all new employees of the policy. The Kansas Department of Health and Environment has resources for employers, including sample policies, at http://www.kssnijefree.org
Under the Act, proprietors of buildings must prominently post signs stating that smoking is prohibited by law in the building. Failure to post signs may result in fines. Downloadable signs are available at http://www.ksssmokefree.org
, or signs may be obtained by calling 877-416-8547.
Outdoor smoking. Smoking is prohibited within 10 feet of doorways, windows, air intakes, or other points of access at buildings and facilities covered under the Act. This includes outdoor dining areas outside of restaurants and bars.
Exemptions. Exempted from the Act are:
• Tobacco shops receiving 65 percent of gross receipts from the sale of tobacco products, accessories, and devices;
• Up to 20 percent of hotel and motel rooms, which are designated as "smoking permitted";
• Designated rooms in adult-care homes and long-term medical care facilities;
• Class A and Class B private clubs requiring substantial dues or fees for membership that are not considered nominal or implemented to avoid the smoking ban;
• Lottery gaming areas and racetrack gaming areas in facilities owned and operated by the state, including ...