State Codes and Statutes

Statutes > North-carolina > Chapter_130A > GS_130A-496

Part 1C.  Smoking Prohibited inRestaurants and Bars.

§ 130A‑496.  Smokingprohibited in restaurants and bars.

(a)        NotwithstandingArticle 64 of Chapter 143 of the General Statutes, smoking is prohibited in allenclosed areas of restaurants and bars, except as provided in subsection (b) ofthis section.

(b)        Smoking may bepermitted in the following places:

(1)        A designated smokingguest room in a lodging establishment. No greater than twenty percent (20%) ofa lodging establishment's guest rooms may be designated smoking guest rooms.

(2)        A cigar bar if smokefrom the cigar bar does not migrate into an enclosed area where smoking isprohibited pursuant to this Article. A cigar bar that begins operation afterJuly 1, 2009, may only allow smoking if it is located in a freestandingstructure occupied solely by the cigar bar and smoke from the cigar bar doesnot migrate into an enclosed area where smoking is prohibited pursuant to thisArticle. To qualify under this subsection, the cigar bar must satisfactorily reporton a quarterly basis to the Department, on a form prescribed by the Department,the revenue generated from the sale of alcoholic beverages and cigars as apercentage of quarterly gross revenue. The Department shall determine whetherany additional documentation is required of the cigar bar to authenticate orverify revenue data submitted by the cigar bar. This subdivision shall notapply to any business that is established for the purpose of avoidingcompliance with this Article.

(3)        A private club.  (2009‑27, s. 1.)

State Codes and Statutes

Statutes > North-carolina > Chapter_130A > GS_130A-496

Part 1C.  Smoking Prohibited inRestaurants and Bars.

§ 130A‑496.  Smokingprohibited in restaurants and bars.

(a)        NotwithstandingArticle 64 of Chapter 143 of the General Statutes, smoking is prohibited in allenclosed areas of restaurants and bars, except as provided in subsection (b) ofthis section.

(b)        Smoking may bepermitted in the following places:

(1)        A designated smokingguest room in a lodging establishment. No greater than twenty percent (20%) ofa lodging establishment's guest rooms may be designated smoking guest rooms.

(2)        A cigar bar if smokefrom the cigar bar does not migrate into an enclosed area where smoking isprohibited pursuant to this Article. A cigar bar that begins operation afterJuly 1, 2009, may only allow smoking if it is located in a freestandingstructure occupied solely by the cigar bar and smoke from the cigar bar doesnot migrate into an enclosed area where smoking is prohibited pursuant to thisArticle. To qualify under this subsection, the cigar bar must satisfactorily reporton a quarterly basis to the Department, on a form prescribed by the Department,the revenue generated from the sale of alcoholic beverages and cigars as apercentage of quarterly gross revenue. The Department shall determine whetherany additional documentation is required of the cigar bar to authenticate orverify revenue data submitted by the cigar bar. This subdivision shall notapply to any business that is established for the purpose of avoidingcompliance with this Article.

(3)        A private club.  (2009‑27, s. 1.)


State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_130A > GS_130A-496

Part 1C.  Smoking Prohibited inRestaurants and Bars.

§ 130A‑496.  Smokingprohibited in restaurants and bars.

(a)        NotwithstandingArticle 64 of Chapter 143 of the General Statutes, smoking is prohibited in allenclosed areas of restaurants and bars, except as provided in subsection (b) ofthis section.

(b)        Smoking may bepermitted in the following places:

(1)        A designated smokingguest room in a lodging establishment. No greater than twenty percent (20%) ofa lodging establishment's guest rooms may be designated smoking guest rooms.

(2)        A cigar bar if smokefrom the cigar bar does not migrate into an enclosed area where smoking isprohibited pursuant to this Article. A cigar bar that begins operation afterJuly 1, 2009, may only allow smoking if it is located in a freestandingstructure occupied solely by the cigar bar and smoke from the cigar bar doesnot migrate into an enclosed area where smoking is prohibited pursuant to thisArticle. To qualify under this subsection, the cigar bar must satisfactorily reporton a quarterly basis to the Department, on a form prescribed by the Department,the revenue generated from the sale of alcoholic beverages and cigars as apercentage of quarterly gross revenue. The Department shall determine whetherany additional documentation is required of the cigar bar to authenticate orverify revenue data submitted by the cigar bar. This subdivision shall notapply to any business that is established for the purpose of avoidingcompliance with this Article.

(3)        A private club.  (2009‑27, s. 1.)