(a) The Council of the District of Columbia finds that the inhalation of concentrated smoke resulting from the smoking of tobacco in facilities in which the public congregates is a clear danger to health and a cause of inconvenience and discomfort to persons present in such facilities.
(b) The purpose of this subchapter is to protect the public health, comfort, and environment by prohibiting smoking in certain facilities, vehicles, and restaurants open to or used by the general public.
(c) Except to the extent that § 8 of D.C. Law 3-22 modifies the Fire Prevention Code approved pursuant to the Construction Codes Approval and Amendments Act of 1986, this subchapter is intended to complement the provisions of Part 2 of those regulations and the provisions of §§ 35-251 to 35-253, which regulate public conduct on public passenger vehicles. It is not the intent of this subchapter to derogate in any manner from the provisions of the Fire Prevention Code approved pursuant to the Construction Codes Approval and Amendments Act of 1986 or from § 35-251(b)(1).
(Sept. 28, 1979, D.C. Law 3-22, § 2, 26 DCR 390; Mar. 21, 1987, D.C. Law 6-216, § 13(g), 34 DCR 1072; Mar. 29, 1988, D.C. Law 7-100, § 2(a), 35 DCR 1182.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 6-911.
1973 Ed., § 6-821.
Legislative History of Laws
Law 3-22, the "District of Columbia Smoking Restriction Act of 1979," was introduced in Council and assigned Bill No. 3-109, which was referred to the Committee on Transportation and Environmental Affairs. The Bill was adopted on first and second readings on May 22, 1979 and June 19, 1979, respectively. Signed by the Mayor on July 12, 1979, it was assigned Act No. 3-66 and transmitted to both Houses of Congress for its review.
Law 6-216, the "Construction Codes Approval and Amendments Act of 1986," was introduced in Council and assigned Bill No. 6-500, which was referred to the Committee of the Whole. The Bill was adopted on first and second readings on November 18, 1986 and December 16, 1986, respectively. Signed by the Mayor on February 2, 1987, it was assigned Act No. 6-279 and transmitted to both Houses of Congress for its review.
For legislative history of D.C. Law 7-100, see Historical and Statutory Notes following § 7-1703.01.
References in Text
The "Construction Codes Approval and Amendments Act of 1986," referred to in two places in subsection (c), is D.C. Law 6-216.
Delegation of Authority
Delegation of authority under D.C. Law 3-22, the District of Columbia Smoking Restriction Act of 1979, see Mayor's Order 90-192, December 13, 1990.
Delegation of authority pursuant to D.C. Law 3-22, the "District of Columbia Smoking Restrictions Act of 1979", see Mayor's Order 98-138, August 20, 1998 (45 DCR 6588).
Amended Delegation of authority pursuant to D.C. Law 3-22, the "District of Columbia Smoking Restrictions Act of 1979", see Mayor's Order 98-161, September 25, 1998 (45 DCR 7734).
Miscellaneous Notes
Section 151 of Public Law 106-522 provides:
" (a) CONTRIBUTION.--There is hereby appropriated a Federal contribution of $100,000 to the Metropolitan Police Department of the District of Columbia, effective upon the enactment by the District of Columbia of a law which reads as follows:
" 'SECTION 1. BAN ON POSSESSION OF TOBACCO PRODUCTS BY MINORS.
" '(a) IN GENERAL.--It shall be unlawful for any individual under 18 years of age to possess any cigarette or other tobacco product in the District of Columbia.
" '(b) EXCEPTIONS.--
" '(1) POSSESSION IN COURSE OF EMPLOYMENT.--Subsection (a) shall not apply with respect to an individual making a delivery of cigarettes or tobacco products in pursuance of employment.
" '(2) PARTICIPATION IN LAW ENFORCEMENT OPERATION.--Subsection (a) shall not apply with respect to an individual possessing products in the course of a valid, supervised law enforcement operation.
" '(c) PENALTIES.--Any individual who violates subsection (a) shall be subject to the following penalties:
" '(1) For any violation, the individual may be required to perform community service or attend a tobacco cessation program.
" '(2) Upon the first violation, the individual shall be subject to a civil penalty not to exceed $50.
" '(3) Upon the second and each subsequent violation, the individual shall be subject to a civil penalty not to exceed $100.
" '(4) Upon the third and each subsequent violation, the individual may have his or her driving privileges in the District of Columbia suspended for a period of 90 consecutive days.'
"(b) USE OF CONTRIBUTION.--The Metropolitan Police Department shall use the contribution made under subsection (a) to enforce the law referred to in such subsection."
Section 130 of Pub. L. 107-96 provides:
"(a) CONTRIBUTION. -- There is hereby appropriated a Federal contribution of $100,000 to the Metropolitan Police Department of the District of Columbia, effective upon the enactment by the District of Columbia of a law which reads as follows:
" 'BAN ON POSSESSION OF TOBACCO PRODUCTS BY MINORS
" 'SECTION 1. (a) IN GENERAL -- It shall be unlawful for any individual under 18 years of age to possess any cigarette or other tobacco product in the District of Columbia.
" '(b) EXCEPTIONS. --
" '(1) POSSESSION IN COURSE OF EMPLOYMENT. -- Subsection (a) shall not apply with respect to an individual making a delivery of cigarettes or tobacco products in pursuance of employment.
" '(2) PARTICIPATION IN LAW ENFORCEMENT OPERATION. -- Subsection (a) shall not apply with respect to an individual possessing products in the course of a valid, supervised law enforcement operation.
" '(c) PENALTIES. -- Any individual who violates subsection (a) shall be subject to the following penalties:
" '(1) For any violation, the individual may be required to perform community service or attend a tobacco cessation program.
" '(2) Upon the first violation, the individual shall be subject to a civil penalty not to exceed $50.
" '(3) Upon the second and each subsequent violation, the individual shall be subject to a civil penalty not to exceed $100.
" '(4) Upon the third and each subsequent violation, the individual may have his or her driving privileges in the District of Columbia suspended for a period of 90 consecutive days.'
"(b) USE OF CONTRIBUTION. -- The Metropolitan Police Department shall use the contribution made under subsection (a) to enforce the law referred to in such subsection."
For the purpose of this subchapter:
(1) "Educational facility" means any enclosed indoor area used primarily as a library or for instruction of enrolled students, including day care centers, nursery schools, elementary schools, and secondary schools, except smoking lounges or specific smoking areas approved by the principal or president of the school, college, or university pursuant to guidelines established by the Board of Education, in the case of a public school, or by the trustees or other governing body, in the case of a college, university, or private educational institution. The term "educational facility" shall include all enclosed indoor areas supportive of instruction, including, but not limited to, classrooms, cafeterias, study areas and libraries, but excluding faculty lounges and specific areas approved by the principal of a given school pursuant to guidelines established by the Superintendent of Schools or the head of such private institutions.
(2) "Health care facility" means any institution providing individual care or treatment of diseases or other medical, physiological, or psychological conditions, including, but not limited to, hospitals, clinics, laboratories, nursing homes or homes for the aged or chronically ill, but excluding private medical offices.
(3) "Mayor" means the Mayor of the District of Columbia or his designated agent.
(4) "Person" means any individual, firm, partnership, association, corporation, company or organization of any kind, including a government agency to which the health and safety laws of the District of Columbia may be applied.
(5) "Restaurant" means a restaurant as defined in § 25-101(43), and any other establishments licensed by the District of Columbia in the business of preparing or serving food to the public. The term "restaurant" shall include coffee shops, cafeterias, luncheonettes, eateries, and soda fountains. The term "restaurant" shall not include sidewalks, terraces, or space used by restaurants to provide outdoor facilities, nightclubs, or taverns.
(6) "Retail store" means any establishment whose primary purpose is to sell or offer for sale to consumers, not for resale, any goods, wares, merchandise or food for consumption off the premises, and all activities, operations and services connected therewith or incidental thereto. The term "retail store" shall not include separate areas of a retail store which are used as a restaurant.
(7) "Smoking" or "to smoke" means the act of puffing, having in one's possession, holding or carrying a lighted or smoldering cigar, cigarette, pipe or smoking equipment of any kind or lighting a cigar, cigarette, pipe or smoking equipment of any kind.
(Sept. 28, 1979, D.C. Law 3-22, § 3, 26 DCR 390; Mar. 29, 1988, D.C. Law 7-100, § 2(b), 35 DCR 1182.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 6-912.
1973 Ed., § 6-822.
Legislative History of Laws
For legislative history of D.C. Law 3-22, see Historical and Statutory Notes following § 7-1701.
For legislative history of D.C. Law 7-100, see Historical and Statutory Notes following § 7-1703.01.
Delegation of Authority
Delegation of authority under D.C. Law 3-22, the District of Columbia Smoking Restriction Act of 1979, see Mayor's Order 90-192, December 13, 1990.
Smoking shall be prohibited in the following:
(1) Any elevator, except in a single-family dwelling;
(2) Any public selling area of a retail store, except in a tobacco shop or store primarily concerned with selling tobacco and smoking equipment;
(3) Any public assembly or hearing room which is owned or leased by any branch, agency, or instrumentality of the District of Columbia government; this subsection shall not apply to the District of Columbia National Guard Armory or to the Robert F. Kennedy Memorial Stadium;
(4) Any educational facility except as provided in § 7-1702(1);
(5) While transporting passengers within the corporate limits of the District of Columbia, any passenger vehicle owned or operated by the District of Columbia government, or any passenger vehicle for hire regulated under § 47- 2829, except that smoking with the prior consent of all occupants of the vehicle shall be permitted when the vehicle is a limousine;
(6) Any area of a health care facility frequented by the general public, including hallways, waiting rooms and lobbies. The operator of a health care facility may designate separate areas as smoking areas.
(A) When a health care facility permits patients to smoke in bed space areas, such facility shall make a reasonable effort to determine a patient's individual nonsmoking or smoking preference and assign patients who are to be placed in bed space areas utilized by 2 or more patients to a bed space area with patients who have a similar smoking preference.
(B) Hospital staff, visitors and the general public shall not smoke in bed space areas utilized by nonsmoking patients. "No Smoking" signs shall be conspicuously posted in such bed space areas.
(7) Any restaurant except as permitted in § 7-1703.01.
(8) Any public or private workplace, except as provided in § 7-1703.02.
(Sept. 28, 1979, D.C. Law 3-22, § 4, 26 DCR 390; Mar. 29, 1988, D.C. Law 7-100, § 2(c), 35 DCR 1182; May 2, 1991, D.C. Law 8-262, § 2(a), 37 DCR 8434.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 6-913.
1973 Ed., § 6-823.
Legislative History of Laws
For legislative history of D.C. Law 3-22, see Historical and Statutory Notes following § 7-1701.
For legislative history of D.C. Law 7-100, see Historical and Statutory Notes following § 7-1703.01.
For legislative history of D.C. Law 8-262, see Historical and Statutory Notes following § 7-1703.02.
Miscellaneous Notes
For complete smoking ban in all places of employment and public places, see § 7-742.
Delegation of Authority
Delegation of authority under D.C. Law 3-22, the District of Columbia Smoking Restriction Act of 1979, see Mayor's Order 90-192, December 13, 1990.
(a) Except as provided in subsection (b) of this section, the owner, manager, or person in charge of any restaurant having a seating capacity of 50 or more shall designate at least 25% of the total seating capacity as a nonsmoking area. Bar and lounge seating in the restaurant is excluded from this total seating capacity calculation. Smoking shall be prohibited in these nonsmoking areas even if, after a certain hour, food is no longer served.
(b) Any new construction for the purpose of establishing a restaurant or major renovation, performed on or after March 29, 1988, to an existing restaurant, which has a seating capacity of 50 or more, shall contain a nonsmoking area that is at least 50% of the total seating capacity. Bar and lounge seating in the restaurant is excluded from this total seating capacity calculation. Smoking shall be prohibited in these nonsmoking areas even if, after a certain hour, food is no longer served. In accordance with § 7-1705(c), the Mayor shall define the term "major renovation".
(c)(1) In areas where smoking is permitted pursuant to any provision of this subchapter, physical barriers or separate rooms may be used to the greatest extent possible to minimize the smoke in adjacent nonsmoking areas. Ventilation shall be in compliance with the District of Columbia laws and rules governing indoor ventilation.
(2) No area shall be designated as a smoking area where smoking is prohibited by the Fire Marshal or by other District of Columbia laws or rules.
(3) Smoking areas shall comply with all laws and rules of the District of Columbia.
(Sept. 28, 1979, D.C. Law 3-22, § 4a, as added Mar. 29, 1988, D.C. Law 7- 100, § 2(d), 35 DCR 1182.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 6-913.1.
Legislative History of Laws
Law 7-100, the "District of Columbia Smoking Restriction Act of 1979 Amendment Act of 1987," was introduced in Council and assigned Bill No. 7-218, which was referred to the Committee on Public Works. The Bill was adopted on first and second readings on January 5, 1988 and January 19, 1988, respectively. Signed by the Mayor on February 11, 1988, it was assigned Act No. 7-144 and transmitted to both Houses of Congress for its review.
Miscellaneous Notes
For complete smoking ban in all places of employment and public places, see § 7-742.
Delegation of Authority
Delegation of authority under D.C. Law 3-22, the District of Columbia Smoking Restriction Act of 1979, see Mayor's Order 90-192, December 13, 1990.
(a) Any private or public employer in the District of Columbia ("District") shall, within 3 months of May 2, 1991, adopt, implement, and maintain a written smoking policy that contains the following provisions:
(1) Designation of an area in the workplace where smoking may be permitted. In an area where smoking is permitted, a physical barrier or a separate room shall be used to minimize smoke in any nonsmoking area. Ventilation shall be in compliance with the District laws and rules that govern indoor ventilation.
(2) Notification to employees orally and in writing by conspicuously posting the employer's smoking policy within 3 weeks after the smoking policy is adopted. Any person in the workplace shall be subject to the posted smoking policy of the employer.
(b) The designation of a smoking area in the workplace affects employment relations and shall be a subject of collective bargaining in accordance with § 1-617.08(b).
(c) Nothing in the Smoking Regulation Amendment Act of 1990 shall be construed to prevent the owner or person in charge of a building or any part of a building from prohibiting smoking throughout the building or in any part of the building over which she or he has control.
(Sept. 28, 1979, D.C. Law 3-22, § 4b, as added May 2, 1991, D.C. Law 8- 262, § 2(b), 37 DCR 8434.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 6-913.2.
Legislative History of Laws
Law 8-262, the "Smoking Regulation Amendment Act of 1990," was introduced in Council and assigned Bill No. 8-581, which was referred to the Committee on Public Works. The Bill was adopted on first and second readings on November 20, 1990, and December 4, 1990, respectively. Signed by the Mayor on December 14, 1990, it was assigned Act No. 8-278 and transmitted to both Houses of Congress for its review.
Miscellaneous Notes
For complete smoking ban in all places of employment and public places, see § 7-742.
References in Text
The "Smoking Regulation Amendment Act of 1990", referred to in (c), is D.C. Law 8-262.
(a) No person shall refuse to hire or employ any applicant for employment, or discharge or otherwise discriminate against any employee with respect to compensation or any other term, condition, or privilege of employment, on the basis of the use by the applicant or employee of tobacco or tobacco products. Nothing in this section shall be construed as limiting a person from establishing or enforcing workplace smoking restrictions that are required or permitted by this subchapter or other District or federal laws, or in establishing tobacco-use restrictions or prohibitions that constitute bona fide occupational qualifications.
(b) Any employee or applicant for employment who is aggrieved by a violation of subsection (a) of this section shall have a private cause of action against the person. An employee or applicant for employment shall pursue and exhaust all remedies available pursuant to any collective bargaining agreement, grievance procedure, or other established means of resolving employer-employee disputes, to resolve a violation of subsection (a) of this section, prior to commencing a civil action.
(c) Any employee or applicant for employment who is aggrieved by a violation of subsection (a) of this section shall be entitled to recover any damages, including lost or back wages or salary. The court, in its discretion, may allow the prevailing party a reasonable attorney's fee as part of the costs.
(Sept. 28, 1979, D.C. Law 3-22, § 4(b), as added Mar. 17, 1993, D.C. Law 9-240, § 2, 40 DCR 627.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 6-913.3.
Legislative History of Laws
Law 9-240, the "Prohibition of Employment Discrimination on the Basis of Tobacco Use Amendment Act of 1992," was introduced in Council and assigned Bill No. 9-504, which was referred to the Committee on Public Works. The Bill was adopted on first and second readings on December 1, 1992, and December 15, 1992, respectively. Signed by the Mayor on January 5, 1993, it was assigned Act No. 9-374 and transmitted to both Houses of Congress for its review. D.C. Law 9-240 became effective on March 17, 1993.
(a) A property owner or ground-floor commercial tenant has the authority to post signs on his or her property stating that smoking is not permitted on public space within a specified distance from and abutting the building wall. That distance shall not be greater than 25 feet or the distance to the far side of the adjacent public sidewalk, if any, whichever is less.
(b) An authorized sidewalk café shall not be subject to a no-smoking sign posted pursuant to this section unless the sign has been posted by, or with the consent of, the owner or operator of the sidewalk café.
(c) The penalties in § 7-1721.06 shall not apply to this section.
(Sept. 28, 1979, D.C. Law 3-22, § 4d, as added July 23, 2010, D.C. Law 18-189, § 2, 57 DCR 3019; Sept. 26, 2012, D.C. Law 19-171, § 52(a), 59 DCR 6190.)
HISTORICAL AND STATUTORY NOTES
Effect of Amendments
D.C. Law 19-171 validated a previously made technical correction in the section designation.
Legislative History of Laws
Law 18-189, the "Prohibition Against Selling Tobacco Products to Minors Amendment Act of 2010", was introduced in Council and assigned Bill No. 18-431, which was referred to the Committee on Public Safety and the Judiciary. The Bill was adopted on first and second readings on January 5, 2010, and February 2, 2010, respectively. Enacted without signature by the Mayor on May 11, 2010, it was assigned Act No. 18-352 and transmitted to both Houses of Congress for its review. D.C. Law 18-189 became effective on July 23, 2010.
For history of Law 19-171, see notes under § 7-242.
(a) In any place, elevator, or vehicle in which smoking is prohibited, the owner, manager, or person in charge of the place, elevator, or vehicle shall post or cause to be posted signs that read, "No Smoking Under Penalty of Law", "No Smoking Except in Smoking Areas", or "Smoking in Accordance With Employer's Smoking Policy Only". In any place, elevator, or vehicle where smoking is restricted, the sign shall include the following warning: "Smoking causes lung cancer, heart disease, emphysema, and may cause fetal injury, premature birth, and low birth weight in pregnant women." Signs posted shall clearly state the maximum fine for a violation of this subchapter. Signs shall be visible to the public at the entrance to the area and on the interior of the area in sufficient number in a manner that gives notice to the public of the applicable law.
(b) Where smoking is prohibited pursuant to this subchapter all signs posted shall include the internationally recognized no smoking symbol. Where smoking is restricted pursuant to this subchapter all signs posted shall include the internationally recognized smoking symbol.
(c) It shall be unlawful for any person to obscure, remove, deface, mutilate, or destroy any sign posted in accordance with the provisions of this subchapter.
(Sept. 28, 1979, D.C. Law 3-22, § 5, 26 DCR 390; Mar. 29, 1988, D.C. Law 7-100, § 2(e), 35 DCR 1182; May 2, 1991, D.C. Law 8-262, § 2(c), 37 DCR 8434; Mar. 17, 1993, D.C. Law 9-223, § 2, 40 DCR 590.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 6-914.
1973 Ed., § 6-824.
Legislative History of Laws
For legislative history of D.C. Law 3-22, see Historical and Statutory Notes following § 7-1701.
For legislative history of D.C. Law 7-100, see Historical and Statutory Notes following § 7-1703.01.
For legislative history of D.C. Law 8-262, see Historical and Statutory Notes following § 7-1703.02.
Law 9-223, the "Smoking Regulation Amendment Act of 1992," was introduced in Council and assigned Bill No. 9-496, which was referred to the Committee on Public Works. The Bill was adopted on first and second readings on December 1, 1992, and December 15, 1992, respectively. Signed by the Mayor on December 31, 1992, it was assigned Act No. 9-354 and transmitted to both Houses of Congress for its review. D.C. Law 9-223 became effective on March 17, 1993.
Delegation of Authority
Delegation of authority under D.C. Law 3-22, the District of Columbia Smoking Restriction Act of 1979, see Mayor's Order 90-192, December 13, 1990.
(a) The owner, lessee, manager, operator or other person in charge of a facility or vehicle where smoking is prohibited pursuant to this chapter shall:
(1) Post and maintain the appropriate "No Smoking" signs; and
(2) Ask persons observed smoking in violation of this subchapter to refrain from smoking.
(b) Whenever the owner, lessee, manager or operator of a facility covered by this subchapter requires a license issued by the District of Columbia government in order to operate the facility, the owner, lessee, manager or operator shall comply with this subchapter as a requirement for receiving or renewing the license. Where an on-site inspection is required prior to issuance or renewal of a license, the inspector should certify that the appropriate signs have been posted. In those cases where an on-site inspection is not needed, a signed statement by the applicant that he has complied with this subchapter shall constitute sufficient evidence of compliance as required in this subsection. Violation of this subchapter shall be grounds for license suspension or revocation.
(c) The Mayor is authorized to promulgate any regulations needed to carry out the provisions of this subchapter.
(d) An aggrieved person or class of persons may bring an action in the Superior Court of the District of Columbia for injunctive relief to prevent any owner, lessee, manager, operator or person otherwise in charge of a facility or vehicle where smoking is prohibited pursuant to this subchapter from violating, or continuing to violate, any provision of this subchapter. For the purposes of this subsection, an "aggrieved person" shall be defined as any person subjected to tobacco smoke due to failure to comply with this subchapter.
(Sept. 28, 1979, D.C. Law 3-22, § 6, 26 DCR 390; Mar. 29, 1988, D.C. Law 7-100, § 2(f), 35 DCR 1182.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 6-915.
1973 Ed., § 6-825.
Legislative History of Laws
For legislative history of D.C. Law 3-22, see Historical and Statutory Notes following § 7-1701.
For legislative history of D.C. Law 7-100, see Historical and Statutory Notes following § 7-1703.01.
Delegation of Authority
Delegation of authority under D.C. Law 3-22, the District of Columbia Smoking Restriction Act of 1979, see Mayor's Order 90-192, December 13, 1990.
(a) Any person who violates any provision of this subchapter, other than § 8 of D.C. Law 3-22, by:
(1) Smoking in a posted "No Smoking" area or defacing or removing a "No Smoking" sign, or failing to post warning signs as set forth in § 7-1704(a) shall, upon conviction, be punishable by a fine of not less than $10 nor more than $50 for a 1st offense; and not less than $50 nor more than $100 for each 2nd or subsequent offense; or
(2) Obscuring, removing, defacing, mutilating or destroying any sign posted in accordance with the provisions of this subchapter shall, upon conviction, be punishable by a fine of not more than $300; or
(3) Failing to post or cause to be posted or to maintain "No Smoking" signs and by failing to warn a smoker observed to be smoking in violation of this subchapter to stop smoking, as required by this subchapter, shall, upon conviction, be punishable by a fine of not more than $300. Each and every day that the violation continues shall constitute a separate offense, and the penalties provided for in this paragraph shall be applicable to each separate offense; provided, that such penalties shall not be levied against any employee or officer of any branch, agency or instrumentality of the District of Columbia government.
(b) The Mayor is authorized to establish procedures for the issuance of a citation to any person who violates this subchapter requiring the person to post collateral in accordance with § 16-704 to assure the person's appearance in the Superior Court of the District of Columbia to answer the citation, and such collateral may be forfeited in lieu of an appearance as the Court may direct.
(c) Issuances of citations pursuant to subsection (b) of this section shall not constitute arrests nor shall forfeitures of collateral pursuant to said subsection constitute convictions. Records which may be maintained in connection with the implementation of this section shall not constitute records of arrest under § 5-113.02, relating to arrest records, or paragraph (4) of § 5-113.01.
(d) Civil fines, penalties, and fees may be imposed as alternative sanctions for any infraction of the provisions of this subchapter, or any rules or regulations issued under the authority of this subchapter, pursuant to § 2- 1801.01 et seq. Adjudication of any infraction of this subchapter shall be pursuant to § 2-1801.01 et seq.
(Sept. 28, 1979, D.C. Law 3-22, § 7, 26 DCR 390; Oct. 5, 1985, D.C. Law 6-42, § 411, 32 DCR 4450; Mar. 29, 1988, D.C. Law 7-100, § 2(g), 35 DCR 1182; May 2, 1991, D.C. Law 8-262, § 2(d), 37 DCR 8434.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 6-916.
1973 Ed., § 6-826.
Legislative History of Laws
For legislative history of D.C. Law 3-22, see Historical and Statutory Notes following § 7-1701.
Law 6-42, the "Department of Consumer and Regulatory Affairs Civil Infractions Act of 1985," was introduced in Council and assigned Bill No. 6-187, which was referred to the Committee on Consumer and Regulatory Affairs. The Bill was adopted on first and second readings on June 25, 1985, and July 9, 1985, respectively. Signed by the Mayor on July 16, 1985, it was assigned Act No. 6- 60 and transmitted to both Houses of Congress for its review.
For legislative history of D.C. Law 7-100, see Historical and Statutory Notes following § 7-1703.01.
For legislative history of D.C. Law 8-262, see Historical and Statutory Notes following § 7-1703.02.
Delegation of Authority
Delegation of authority under D.C. Law 3-22, the District of Columbia Smoking Restriction Act of 1979, see Mayor's Order 90-192, December 13, 1990.
If any provision of this subchapter, or its application to a particular person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this subchapter.
(Sept. 28, 1979, D.C. Law 3-22, § 9, 26 DCR 390.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 6-917.
1973 Ed., § 6-827.
Legislative History of Laws
For legislative history of D.C. Law 3-22, see Historical and Statutory Notes following § 7-1701.
Delegation of Authority
Delegation of authority under D.C. Law 3-22, the District of Columbia Smoking Restriction Act of 1979, see Mayor's Order 90-192, December 13, 1990.
This subchapter shall not prohibit smoking in the following areas:
(1) An area where smoking is permitted by any provision of this subchapter;
(2) A tobacco shop or store primarily concerned with selling tobacco and smoking equipment;
(3) Upon the stage by performers during the course of any theatrical performance if smoking is part of the theatrical production;
(4) A tavern or nightclub as defined in § 25-101(52) and (33), respectively; or
(5) A room or hall that is used for private social functions, which includes weddings, banquets, and parties.
(Sept. 28, 1979, D.C. Law 3-22, § 10, as added Mar. 29, 1988, D.C. Law 7- 100, § 2(h), 35 DCR 1182; Mar. 2, 2007, D.C. Law 16-191, § 34, 53 DCR 6794.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 6-918.
Effect of Amendments
D.C. Law 16-191, in par. (4), substituted "§ 25-101(52) and (33)" for § 25- 103(17) and (23)".
Legislative History of Laws
For legislative history of D.C. Law 7-100, see Historical and Statutory Notes following § 7-1703.01.
For Law 16-191, see notes following § 7-103.
References in Text
Section 25-103, referred to in paragraph (4) of this section, is part of Title 25, D.C. Code, which title was amended and enacted by D.C. Law 13-298, effective May 3, 2001. For disposition of the subject matter of former Title 25, see the Disposition Table preceding § 25-101.
Delegation of Authority
Delegation of authority under D.C. Law 3-22, the District of Columbia Smoking Restriction Act of 1979, see Mayor's Order 90-192, December 13, 1990.
The Mayor shall establish, in conjunction with the District of Columbia Commissioner of Public Health or any other agencies or departments of the District, a program to educate the general public on the issue of smoking and involuntary smoking, the health risks involved, and the requirements of this subchapter, explaining what the subchapter does and why it is important. The Mayor shall establish a smoking cessation program that provides free counseling, information, and whatever other assistance is deemed necessary by the District of Columbia Commissioner of Public Health for the purpose of assisting, upon request, persons residing in the District of Columbia to stop smoking tobacco products.
(Sept. 28, 1979, D.C. Law 3-22, § 11, as added Mar. 29, 1988, D.C. Law 7- 100, § 2(i), 35 DCR 1182.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 6-919.
Legislative History of Laws
For legislative history of D.C. Law 7-100, see Historical and Statutory Notes following § 7-1703.01.
Delegation of Authority
Delegation of authority under D.C. Law 3-22, the District of Columbia Smoking Restriction Act of 1979, see Mayor's Order 90-192, December 13, 1990.
Nothing in this subchapter shall make lawful smoking in any place in which smoking is prohibited pursuant to § 6-1401 et seq., § 35-251(b), or any other District of Columbia or federal law.
(Sept. 28, 1979, D.C. Law 3-22, § 12, as added Mar. 29, 1988, D.C. Law 7- 100, § 2(j), 35 DCR 1182.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 6-920.
Legislative History of Laws
For legislative history of D.C. Law 7-100, see Historical and Statutory Notes following § 7-1703.01.
Delegation of Authority
Delegation of authority under D.C. Law 3-22, the District of Columbia Smoking Restriction Act of 1979, see Mayor's Order 90-192, December 13, 1990.
