On January 1, 2009 all class B and D private clubs and taverns licensed by the Utah Department of Alcoholic Beverage Control will become smokefree.   Class A and C private clubs have been smokefree since January 1, 2007.

All Class D private clubs or taverns that is licensed by the Utah Department of Alcoholic Beverage Control on or before May 15, 2006 or undergo a change in ownership after May 15, 2006 must become smoke free by January 1, 2009.  Facilities that choose to allow smoking must meet additional requirements of the UICAA statute and Administrative Rule R392-510 .

Class B private clubs that have a license issued by the Department of Alcoholic Beverage Control on or before May 15, 2006 or undergo a change in ownership after May 15, 2006 may still allow smoking in the area defined by the license until January 1, 2009  if they do not permit persons under the age of 21 in the class B private club, except individuals who are active military.

• Become aware of how the law specifically affects your business. On January 1, 2009 all private clubs and taverns in Utah are required to be smokefree. 
• Establish and enforce a policy with employees that prohibits smoking indoors or within 25 feet of all entrance-ways, exits, air intakes or open windows of the building.
• Post appropriate signage as required by R 392-510-12. (available from the Utah Tobacco Prevention and Control Program; see samples at: : http://www.tobaccofreeutah.org/smokefreesignorderform.pdf).   This will help get the word out to patrons and indicate to them that changes in the law require you to be smokefree.
• Remove all ashtrays from inside the facility and within 25 feet of entrance-ways, exits, air intakes or open windows of the building.  There is an exception for receptacles that are placed closer than 25 feet of the outside locations as long as they are posted with signage indicating they are for extinguishing only.
• Do not establish any smoking permitted areas closer than 25 feet from entrance-ways, exits, air intakes, and open windows of the building.
• Update employees on their responsibility if someone lights up inside the club or tavern.  The person must be asked to extinguish the lit tobacco product.  If they refuse they are required to be asked to leave the premises.  If this fails, the local law enforcement agency and health department should be contacted.  With appropriate signage and tactful handling of potential problems this last step should not be necessary.

Yes.  Class D private clubs or taverns licenses by the ABC before May 15, 2006 or that undergo a change in ownership after May 15, 2006 may still allow smoking until January 1, 2009.  However, there is no requirement that smoking be allowed if the owners want to be smoke free sooner.

For now, yes. If your Department of Alcoholic Beverage Control license was issued on or before May 15, 2006, or underwent a change in ownership after May 15, 2006 smoking may be permitted. All taverns in the state are required to be smokefree by January 1, 2009. In addition, businesses that allow smoking must meet current and future Administrative Rule R392-510 requirements. Nothing in the UICAA prevents a tavern from becoming smoke free prior to the deadline.

Am I required to allow smoking at my private club or tavern until the date listed in the law or can I prohibit smoking now?

You can designate your private club or tavern smoke free any time you wish. The law lists the dates after which smoking cannot be allowed any longer.

The Utah Indoor Clean Air Act prohibits smoking in any places of public access, which will include all private clubs and taverns in Utah by January 1, 2009.  Smoking is defined as the possession of any lit tobacco product no matter what form it takes.  The UICAA does not apply to other nonlit types of  tobacco products but nothing prohibits an owner of  a facility from banning use for aesthetic or other reasons.

The rule prohibits smoking within 25 feet of any entrance-way, exit, air intake, or open window of a building where smoking is prohibited.  Since all private clubs and taverns will become smokefree on January 1, 2009 this rule will apply to this circumstance.  So long as there is an exterior location, e.g.- patio, that is 25 feet away from entrance-ways, exits, air intakes, and open windows a smoking permitted area can be established. 

If a structure is desired, it must not be enclosed, e.g.- have any doors, windows, screens, etc. that surround it on all sides.  Open gazebo-like structures, structures similar to typical bus stop kiosks are examples of acceptable structures located at least 25 feet away from the locations indicated above.  Tents, "butt-huts", or similar structures with windows and doors do not meet the requirement.  For more information about acceptable structures see R392-510-2 (2), (3), (6), and (8).  Before committing to any purchase or building of these structures consider contacting your local health department to review your plans and to determine whether the structure will be in compliance.

Please note that this information only applies to compliance with the Utah Indoor Clean Air Act.  To determine what effect designated areas and external structures may have on private club or tavern license requirements you should also contact the Utah Department of Alcoholic Beverage Control and confirm with them that your plans conform to your alcohol licensing requirements.

Civil monetary penalties can be assessed by state and local health departments on those persons who violate provisions of the UICAA. For a first violation of Section 26-38-3 a civil penalty of up to $100 may be imposed. For a second or subsequent violation the individual is subject to a penalty of not less than $100 and not more than $500.

Failure to abide by the Utah Indoor Clean Air Act requirements and failure to respond to orders by state or local health departments to comply may also be subject to civil penalty of up to $5,000 (which can be assessed on a per occurrence basis) and class B and A misdemeanor criminal penalties according to Section 26-23-6 .

By carefully reviewing requirements of the UICAA statute and administrative rule, businesses can avoid being penalized. State and local health departments are readily available to address any questions you may have about the 2006 UICAA.