Nevada "Smoking Rules & Regulations"

NRS 202.2483 | Does Nevada Have a No Smoking Law? Keeping Public Health Safe

Effective January 1, 2020, the use of vapor products or electronic cigarettes as well as the smoking of tobacco products in most public places and indoor places of employment are no longer allowed under the Nevada Clean Indoor Air Act.

What does the Nevada Clean Indoor Air Act do?

The Act protects the public from secondhand cigarette smoke and secondhand aerosol from e-cigarettes or vaping products.

Secondhand smoke, also called environmental tobacco smoke, is a combination of smoke from the burning end of a cigarette, cigar, or pipe and the smoke exhaled by smokers.

The U.S. Environmental Protection Agency reports that secondhand smoke contains more than 4,000 substances, many of which are known to cause cancer in humans.

Nevada’s Desert Research Institute published research showed there is a “significant amount of cancer-causing chemicals” along with dangerous aldehydes that are “formed during the chemical breakdown of flavored e-liquids and emitted in e-cig vapors.” The health risks extend to second and thirdhand exposure.

Where is smoking and the use of other electronic vaping products now banned in Nevada?

The use of vapor products or e-cigarettes, and smoking tobacco in any form is prohibited within most indoor places of employment including:

• Public and private school buildings and on public and private school grounds
• Child care facilities
• All areas of grocery stores, convenience stores, and drug stores
• All indoor areas within restaurants, including those in casinos or gaming establishments
• Shopping malls and retail establishments
• Video arcades
• Government buildings and public places
• Movie theaters

Where is smoking and the use of other electronic vaping products still allowed?

Smoking and the use of e-cigarettes or vaping products is permitted in:

• Areas within casinos where loitering by minors is already prohibited by state law pursuant to NRS 463.350.
• Completely enclosed areas within stand-alone bars, taverns, and saloons in which patrons under 21 years of age are not allowed to enter.
• Age-restricted stand-alone bars, taverns, and saloons.
• Strip clubs and brothels.
• Retail tobacco stores.
• Private residences, including private residences that may serve as an office workplace, except if used as a child care, adult day care, or health care facility.
• The area of a convention facility in which a meeting or trade show is being held, during the time the meeting or trade show is occurring, if the meeting or trade show:
  -> Is not open to the public
  -> Is being produced or organized by a business relating to tobacco or a professional association for convenience stores
  ->Involves the display of tobacco products

How does the law affect restaurants and bars?

All indoor areas of restaurants are required to be smoke-free and vape-free. Smoking and the use of e-cigarettes or vaping products is still allowed in outdoor areas of restaurants. Restaurants contained within gaming establishments or casinos are also required to ban smoking and the use of e-cigarettes or vaping products. Stand-alone bars, taverns, and saloons in which patrons under 21 years of age are not allowed to enter may allow smoking and the use of e-cigarettes or vaping products.

Can an establishment that is exempt from the Nevada Clean Indoor Air Act choose to implement a voluntary “No Smoking/No Vaping” policy?

Yes. Establishments or venues that are excluded from the Nevada Clean Indoor Air Act may implement voluntary policies to prohibit the use of e-cigarettes or vaping products. For more information on implementing a policy at your establishment go to Get Healthy NV.

If an establishment allows me to smoke or vape inside, am I still breaking the law?

Even if an establishment allows you to smoke or use e-cigarettes or vaping products in an area where smoking is prohibited, you are violating the Nevada Clean Indoor Air Act and may be subject to any applicable penalties.

How will the Act be enforced?

Compliance with the Nevada Clean Indoor Air Act is the responsibility of the establishment, its agents and employees. The Southern Nevada Health District has the duty to enforce the provisions of the Act and responds to complaints of violations.

How can I report violations of the Nevada Clean Indoor Air Act?

Violations can be reported by completing the NCIAA Complaint Form or by calling (702) 759-1990.

Where can I find more information?

For more information regarding compliance with the Act, call the Southern Nevada Health District’s Environmental Health Division at (702) 759-0588.

For more information on the dangers of secondhand smoke and secondhand aerosol from e-cigarettes or vaping products, call the Southern Nevada Health District’s Tobacco Control Program at (702) 759-1270 or email Tabacco Program.

If I smoke or vape and want to quit, where can I get more information?

Residents 13 years of age and older can call the Nevada Tobacco Quitline at 1-800-QUIT NOW (1-800-784-8669) to access a free, phone-based service. Text messaging cessation help is also available by texting QUITNOW to 333888. Go to www.nevadatobaccoquitline.com for more information.

Is Smoking Allowed Indoors in Nevada?

Understanding Nevada’s smoking regulations is crucial for residents and visitors alike. While Las Vegas is known for its vibrant nightlife and casinos, it’s essential to recognize where indoor smoking is permissible.

Las Vegas permits smoking tobacco within specific indoor environments, including:

• Casino gaming floors designated as adult-only zones
• Smoking-designated hotel accommodations
• Adult entertainment venues, like strip clubs or brothels
• Specialty tobacco shops
• Age-restricted bars and saloons with an explicit smoking allowance
• Sealed off areas in certain taverns where individuals under 21 are not admitted
• Private homes, except when operating as a childcare, adult daycare, or healthcare facility, and
• Certain areas within convention facilities hosting private tobacco-related industry events.

However, Nevada enforces strict “No Smoking” policies in many public indoor places to promote a healthy, smoke-free environment. These areas include, but are not limited to:

• Childcare centers
• Cinemas and video arcades
• Government premises utilized for public activities
• Educational institutions within the Nevada System of Higher Education
• Shopping malls and retail stores
• All sections of grocery markets
• Indoor diner sections at restaurants, including those found within casinos
• Medical facilities
• Educational property including school buildings and grounds

Local authorities have the power to introduce ordinances that add more Non-Smoking zones, even in places that might typically permit smoking. Moreover, proprietors can voluntarily establish smoke-free areas in venues that generally allow smoking.

It’s also significant to mention that consuming marijuana in public is strictly illegal in Nevada, aligning with state efforts to ensure clean and safe public environments.

Is Outdoor Smoking Legal in Nevada?

In Nevada, smoking outdoors is largely allowed, which includes open spaces along the famous Las Vegas Strip. Those looking to enjoy their traditional cigarette or electronic smoking devices can do so under the vast Nevada sky with little restriction.

However, it’s imperative to respect the rules set by individual businesses regarding their outdoor spaces. If a smoker disregards a business’s non-smoking policy and proceeds to use tobacco products in their smoke-free zones, the establishment is within its rights to ask the smoker to leave the premises.

Should the individual decide to remain despite the request, they could face trespassing charges in accordance with NRS 207.200. Such an offense could lead to unwanted legal consequences.

Does a “No Smoking” Sign in Nevada Also Prohibit Vaping?

When you see a “No Smoking” sign in a public place in Nevada, it’s important to understand that this restriction generally encompasses more than just traditional smoking methods like cigarettes and cigars. Indeed, “no smoking” also includes the use of vapor products, such as electronic cigarettes, vapes, and similar devices.

This comprehensive prohibition extends to any device or method involving the inhalation of tobacco products, including pipes, hookahs, and any other oral smoking devices. The aim is to maintain a clean and safe environment for all, free from smoke and vapor emissions.

What’s the Legal Age for Smoking in Nevada?

In recent changes conforming to federal guidelines, Nevada has set the legal smoking age at 21 years old. This adjustment from the previous age limit of 18 signifies a move towards stricter control over tobacco product access among younger individuals.

Businesses and individuals should take note: providing or selling any tobacco products—including cigarettes, cigars, and vaping materials—to those under the age of 21 could result in significant financial repercussions. Violators are subject to fines and civil penalties reaching up to $500.

How is Illegal Smoking Punished in Nevada?

Illegal smoking in designated non-smoking areas within Nevada is considered a misdemeanor offense. Those found in violation can face a penalty of up to $1,000 and/or a maximum of six months in jail.

Specific Penalties for Smoking Violations:

General Public: For the public smoking in non-smoking zones, enforcement typically involves the issuance of citations rather than an arrest. This citation can lead to fines or court appearances.

Employees in Age-Restricted Bars: If an employee who works in a bar that allows smoking and is supposed to be restricted to those over the age of 21 allows a minor (under 21) to loiter, this too constitutes a misdemeanor. The implicated employee could also face fines up to $1,000 and/or up to six months in jail.

Civil Penalties:

A first-time offense can attract a civil fine of $1,000.
Subsequent offenses may see this fine increase to $2,000.

What Are Effective Defenses Against Charges of Illegal Smoking in Nevada?

Illegal smoking charges in Nevada can be approached with a variety of defenses to potentially reduce or dismiss the charges altogether.

Here are three comprehensive strategies:

• 1. Lack of Knowledge as a Defense:
  In instances where signage was either insufficient or entirely absent, an individual might claim a lack of knowledge regarding the area’s non-smoking status. Demonstrating that there was no clear communication or visible notices informing the public of the smoking restrictions could serve as a defense. The accused individual can argue they would have complied had they been properly informed.
• 2. Mistake of Fact:
  This defense is based on the understanding that the accused genuinely believed they were in compliance with the law. For example, an employee in a bar might have mistakenly allowed a minor to loiter, believing that person was of legal age. Presenting evidence such as the minor’s use of a fraudulent ID could support a mistake of fact defense, reducing culpability on the part of the employee.
• 3. No Actual Control or Authority:
  For employees accused of allowing illegal smoking, a viable defense may be that they did not have the control or authority to enforce the smoking ban in the establishment. If the individual was not in a position to prevent the offense due to their role or lack of authority, this could serve as a defense. Documentation or testimony that distinguishes their responsibilities could demonstrate that they did not have the capacity to correct the violation.

Are Las Vegas Casinos Considering a Smoking Ban?

In a city famous for its vibrant nightlife and casinos, the topic of implementing smoking bans within these establishments has started gaining traction. Las Vegas’s own Park MGM has pioneered the movement as the first and only smoke-free casino located on the famous Strip. Off the main thoroughfare, there are a few more establishments where the air is clear of smoke, including the gaming spots Aces and Ales on both Nellis Boulevard and Tenaya Way, as well as The Sand Dollar Lounge.

Given the decreasing trend in smoking among adults, it’s conceivable that additional casinos in Sin City might soon opt to go smoke-free. With public health concerns at the forefront and visitors showing increased preference for non-smoking environments, a change in the air might be closer than we think.

It's The Law

Nevada’s commitment is clear through the enactment of NRS 202.2483, reflecting a powerful stance on public health and safety. As we move towards a culture of heightened health awareness, understanding the implications of such legislation is key.

Embrace the journey towards a healthier tomorrow by staying informed and compliant with Nevada’s powerful “No Smoking” law. At "The Total Off-Grid Experience", we strive in ensuring your experience in Nevada is both enjoyable and law-abiding.