North Dakota law prohibits smoking in enclosed public places and in places of employment and nonprofit entities (ND Cent. Code Sec. 23-12-09 et seq.).
Public places. The restrictions on smoking in public places apply to public and private school facilities and daycare programs; private homes when used for child care; healthcare institutions and facilities (hospitals, clinics, surgery centers, laboratories), nursing homes and assisted living facilities; public libraries and museums; public transportation; and enclosed theaters, auditoriums, museums, and gymnasiums.
Exceptions. Tobacco shops, freestanding bars and separately enclosed bars in restaurants that do not serve minors, facilities for private functions where the public and children are excluded, designated smoking rooms in hotels and motels, designated areas at truck stops and bowling alleys accessible only to adults, private residential rooms in nursing homes and assisted living facilities, and workplaces in which the owner/operator is the sole employee.
Tribal entities. Cultural ceremonies of Native Americans are not subject to the smoking restrictions. North Dakota tribal entities maintain their own tobacco control and cessation programs. Call 701-294-2361 or go to http://www.ndhealth.gov/tobacco/ TribalPrograms.htm.
Signage. Downloadable copies of required signage is available at http://www.ndhealth.gov/tobacco/ Posters.htm.
Whistleblowers. The law prohibits employers from retaliating against an employee or anyone else who reports illegal smoking in the workplace. Discrimination
An employer may not discriminate against, or discipline, any employee or applicant for employment on the basis of the employee's lawful off work-premises activities ...