The Nebraska Clean Air Act
bans smoking in all public places and places of employment, including restaurants, bars, private clubs, and gaming facilities (NE Rev. Stat. Sec. 71-5716 et al
). The text of the Act is available online at http://www.smokefree.ne.gov
Outdoor areas. Outdoor areas are not specifically addressed in the Act, but businesses may designate and post outdoor areas as smoke-free. Also, local ordinances may restrict outdoor smoking to specific distances from entrances and air intakes.
Exceptions. The revised Act does not prohibit smoking in:
• Private homes except when used for licensed child care
• Tobacco-only retail stores not selling alcohol or gasoline
• Cigar bars that do not sell food, allow smoking of cigarettes, and derive 10 percent or more of revenue from the sale of cigars and tobacco products, not including cigarettes
• Up to 20 percent of hotel and motel rooms designated as smoking-permitted
Posting. Clearly visible, unequivocal “No smoking anywhere in this establishment” signs with letters at least 1 inch high must be posted at all entrances normally used by the public. If the international symbol for “No smoking” is used, it must be at least 2 inches high and be accompanied by the words “No smoking.”
Enforcement. The proprietor or person in charge of a public place is responsible for asking smokers to refrain from smoking indoors and at entrances to nonsmoking areas. The Nebraska Department of Health and Human Services (DHHS) and local departments of health enforce the Act for the state. Violations of the Act are a Class V misdemeanor with a minimum $100 fine.