On January 1, 2007 all class A and C private clubs licensed by the Utah Department of Alcoholic Beverage Control became smoke free.

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. There are different dates at which various private club licensees and taverns must become smoke free. Pay special attention to the specific requirement for the type of license your facility has.

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.

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.