The Smoke-Free Arizona Act
“It’s a Benefit, Not a Ban!”

2010 Annual Report

Arizona Department of Health Services

Janice K. Brewer, Governor
State of Arizona

Will Humble
Director, Arizona Department of Health Services

ARIZONA DEPARTMENT OF HEALTH SERVICES
Bureau of Epidemiology and Disease Control
Office of Environmental Health
Smoke-Free Arizona Program
150 N. 18th Avenue, Suite 430
Phoenix, Arizona 85007-3245
(602) 364-3122

This publication can be made available in alternative format.
Please contact the number listed above.

Permission to quote from or reproduce materials from this publication
is granted when due acknowledgment is made.

“Equal Opportunity/Reasonable Accommodation Employer”

Table of Contents
Annual Report 2010
“It’s a Benefit, Not a Ban”
Executive Summary........................................................................................................................................................ 1
1.0

Smoke-Free Arizona Program.......................................................................................................................... 2
1.1.
Background ............................................................................................................................................... 2
1.2.
Roles and Responsibilities of ADHS ........................................................................................................ 3
1.3.
Roles and Responsibilities of the County Health Departments................................................................. 4
1.4.
Amount and Source of Program Funding.................................................................................................. 6

2.0

Education........................................................................................................................................................... 8
2.1.
Enhancing the Website: www.smokefreearizona.org................................................................................ 8
2.2.
Answering the Information Hotline: 1-877-AZ-STOPS (1-877-297-8677).............................................. 9
2.3.
Maintaining the Email Addresses:........................................................................................................... 11
2.4.
“No Smoking” Signs ............................................................................................................................... 11
2.5.
Advisory Visits........................................................................................................................................ 12

3.0

Outreach .......................................................................................................................................................... 14
3.1.
Reaching Out to Public Places and Places of Employment..................................................................... 14
3.2.
Reaching Out to the Community: Success Stories .................................................................................. 14
3.3.
Educational Newsletter............................................................................................................................ 16

4.0

Compliance...................................................................................................................................................... 17
4.1.
Verifying Compliance through Complaint Response and Routine Inspections ...................................... 17
4.2.
Complaint Investigation .......................................................................................................................... 17
4.3.
Complaint Numbers Stabilize With Increased Compliance throughout Arizona.................................... 17

5.0

Enforcement .................................................................................................................................................... 21
5.1.
Initiating Legal Procedures...................................................................................................................... 21
5.2.
Achieving Compliance through Legal Proceedings ................................................................................ 21
5.3.
Update on the Retail Tobacco Store Exemption ..................................................................................... 22

6.0

Protecting Arizonans Health .......................................................................................................................... 23
6.1.
State of Tobacco Control Report Card: Smoke-Free Arizona Scores a Grade A.................................... 23
6.2.
Opinion Poll Survey ................................................................................................................................ 23
6.3.
Empower Pack......................................................................................................................................... 25

7.0

Conclusion....................................................................................................................................................... 26

Smoke-Free Arizona Annual Report – June 2010

Executive Summary
On November 7, 2006, Arizona voters approved Proposition 201, the Smoke-Free Arizona Act, A.R.S. § 36601.01 (“the Act” or “the Law”). The Law went into effect on May 1, 2007, prohibiting smoking inside and
within 20 feet of entrances, open windows, and ventilation systems of most enclosed public places and places of
employment, with a few exemptions.
While the Act prohibits smoking inside most enclosed public places and places of employment in Arizona,
smoking is allowed in establishments that meet specific exemption criteria. There are seven exemptions of the
Act, including private residences, designated smoking rooms in hotels and motels, retail tobacco stores, Veterans
and fraternal clubs, smoking when associated with a religious ceremony practiced pursuant to the American
Indian Religious Freedom Act of 1978, outdoor patios, and theatrical performances upon a stage or in the course
of a film or television production.
Also included in Proposition 201, was the imposition of a two-cent tax per pack of cigarettes to be deposited into
the Smoke-Free Arizona Fund, which must be used to enforce the provisions of the Law. If a proprietor of an
establishment does not correct violations as requested, demonstrates willful violations, or exhibits a pattern of
noncompliance with the Act, they are subject to enforcement action. They may receive a Notice of Violation
(“NOV”) or an assessment of civil penalty fines between $100 and $500 for each violation. If injunctive relief is
requested, the Superior Court may impose appropriate injunctive relief and civil penalty fines up to $5,000 per
violation.
The Arizona Department of Health Services (“ADHS”) and all but one of Arizona’s fifteen counties work
together, through delegation agreements, to ensure that Arizonan’s are protected from secondhand smoke
exposure in most enclosed public places and places of employment. This is accomplished through the combined
efforts of ADHS and the county health departments.
The county health departments conduct consultations and on-site visits at local businesses, bars, and restaurants to
provide education and to ensure continued compliance with the Smoke-Free Arizona Act. Between May 1, 2009
and April 30, 2010, a total of 71,356 educational visits, consultations, and on-site visits were conducted. Many
business proprietors have made steps to go above and beyond the requirements of the Smoke-Free Arizona Act.
In addition to making the necessary changes to comply with the Act, such as posting the required “No Smoking”
signs and moving ashtrays, proprietors have also continued to build outdoor patios, provide designated smoking
areas, and establish in-house policies that are more strict than the Act to accommodate their employees and
customers.
During the third year after the Law went into effect, between May 1, 2009 and April 30, 2010, a total of 1,389
complaints alleging violations of the Smoke-Free Arizona Act were filed statewide. Most of the complaints were
regarding people smoking outside within twenty feet of an entrance and the presence of ashtrays located outside
within twenty feet of an entrance.
A total of 36 NOV’s were issued statewide between May 1, 2009 and April 30, 2010, 7 of which were issued by
the ADHS Smoke-Free Arizona Program. The majority of the NOV’s were issued to proprietors that permitted
employees, customers, or visitors to smoke inside enclosed public places and places of employment. A total of
$3,500.00 in civil penalty fines was collected statewide.
In 2009, Arizona earned an “A” grade on the American Lung Association State of Tobacco Control Report for
maintaining a strong and comprehensive enforcement program of the Smoke-Free Arizona Act. The report
recognizes the continued success of the Smoke-Free Arizona Act.

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Smoke-Free Arizona Annual Report – June 2010

1.0

Smoke-Free Arizona Program

1.1.

Background

S

econdhand smoke is defined as the combination of smoke exhaled by a
smoker and the smoke generated by the burning end of a cigarette (or other
tobacco product). Secondhand smoke is a mixture of 4,000 chemical
compounds that are released into the air as gases and particles. Of these
4,000 compounds, 69 have been identified as carcinogens or cancer-causing
agents, 11 of which have been specifically identified as human carcinogens.
Exposure to secondhand smoke is a health concern for people of all ages. In
1992, the U.S. Environmental Protection Agency (EPA) officially listed
secondhand smoke as a Class A carcinogen. In 2006, the U.S. Surgeon General’s
report stated that there is no risk-free level of exposure to secondhand smoke.
Breathing even a little secondhand smoke can be harmful to your health.
In November of 2006, the citizens of Arizona made their voices heard by passing
the Smoke-Free Arizona Act, A.R.S. § 36-601.01 (“the Act” or “the Law”). The
Act protects all Arizonans from the harmful effects of secondhand smoke
exposure in most enclosed public places and places of employment and within 20
feet of entrances, open windows, and ventilation systems. Also included in the
Act, is a two-cent tax per pack of cigarettes to be deposited in the Smoke-Free
Arizona Fund, which must be used to enforce the provisions of the Law. The Act
went into effect on May 1, 2007.
The Act prohibits smoking inside enclosed public places and places of
employment with a few exemptions:
1) Private residences, except when used as a licensed child care, adult day care,
or health care facility;
2) Hotel and motel rooms that are rented to guests and are designated as smoking
rooms; provided however that not more than fifty percent of rooms rented to
guests in a hotel or motel are so designated;
3) Retail tobacco stores that are physically separated so that smoke from retail
tobacco stores does not infiltrate into areas where smoking is prohibited under
the provisions of this section;
4) Veterans and fraternal clubs when they are not open to the general public;
5) Smoking when associated with a religious ceremony practiced pursuant to the
American Indian Religious Freedom Act of 1978;
6) Outdoor patios so long as tobacco smoke does not enter areas where smoking
is prohibited through entrances, windows, ventilation systems, or other means;
and
7) A theatrical performance upon a stage or in the course of a film or television
production
For each exemption to the Act, there are specific requirements that must be met
to qualify. These criteria are defined in the Act and in the Arizona
Administrative Code, Title 9, Chapter 2, Article 1.

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Smoke-Free Arizona Annual Report – June 2010

Under the Act, the proprietor of a public place or a place of employment is
responsible for:
• Removing all indoor ashtrays and smoking receptacles and moving all
outdoors ashtrays and smoking receptacles at least 20 feet away of
entrances
• Posting the required “No Smoking” signs at every entrance into the
establishment
• Educating their employees about the Act
• Prohibiting anyone, such as employees, vendors, visitors, and customers
from smoking within 20 feet of all entrances, open windows, and
ventilation systems, and inside the establishment
• Informing violators by politely requesting that they extinguish their lit
tobacco product or that they smoke outside at least 20 feet away from the
entrance, open window, or ventilation system
If a proprietor of an establishment does not correct violations as requested,
demonstrates willful violations, or a pattern of noncompliance with the Act, they
are subject to enforcement action. They may receive a Notice of Violation
(“NOV”) or an assessment of civil penalty fines between $100 and $500 for each
violation. If injunctive relief is requested, the Superior Court may impose
appropriate injunctive relief and civil penalty fines up to $5,000 per violation.

1.2.

Roles and Responsibilities of ADHS

The provisions of the Act assign implementation and enforcement of the Law to
ADHS. In order to accomplish this, the Office of Environmental Health, due to
its extensive experience with education, inspections, investigations, and
enforcement, oversees the Smoke-Free Arizona Program.
The Smoke- Free Arizona Program is responsible for:
• Providing free signage to businesses
• Maintaining the Smoke-Free Arizona website: www.smokefreearizona.org
• Answering inquiries coming via the information line: 1-877-AZSTOPS
(1-877-297-8677), or from the smokefreearizona@azdhs.gov mailbox
• Taking complaints coming through the complaint line: 1-8774AZNOSMOKE (1-877-429-6676), or from the
nosmokingarizona@azdhs.gov mailbox
• Conducting on-site advisory visits
• Maintaining a statewide database used by the county health departments for
complaint investigations and referrals
• Providing training to new and existing health educators and environmental
health inspectors
• Providing educational materials to county health departments
• Assisting county health departments during complaint investigations or
advisory visits by riding along with the health educators or the environmental
health inspectors
• Providing guidance to the county health departments with regards to
education, compliance, and enforcement

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Smoke-Free Arizona Annual Report – June 2010

•
•

Initiating enforcement procedures for cases referred by Maricopa, Gila,
Pinal, Yavapai, Cochise, and Santa Cruz counties
Conducting education and compliance activities in Santa Cruz County

1.3.

Roles and Responsibilities of the County Health Departments

1.3.1.

Education and Compliance

ADHS and the county health departments work diligently to protect all
Arizonans from secondhand smoke exposure and to ensure uniform compliance
with the Law throughout the State. Delegation agreements have been signed
with all but one of the State’s fifteen counties to assist ADHS with education and
compliance assistance. Funding is provided to these counties using money from
the Smoke-Free Arizona Fund.
Depending on the infrastructure of the county health department, education and
compliance assistance are performed by either health educators from their
Tobacco Education and Prevention Program or by environmental health
inspectors from their Environmental Services Division. The map below
represents the lead program for each county:
Map 1.1 Lead Program Responsible for Education and Compliance for Each
County Health Department

Environmental Services Division (ESD)
Tobacco Education and Prevention (TEP)
ESD and TEP
Arizona Department of Health Services

Environmental Services Division
The Environmental Services Division is the lead program for education and
compliance in Cochise, Gila, Graham, Greenlee, Mohave, Navajo, and Pinal
counties. Environmental health inspectors verify compliance and provide
education about the Act during routine food safety and environmental health
inspections. Smoke-Free Arizona violations have been included on inspection
checklists to monitor compliance with the Act. In addition, environmental health
inspectors carry “No Smoking” signs and educational brochures for distribution
during routine inspections and complaint investigations.

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Smoke-Free Arizona Annual Report – June 2010

Tobacco Education and Prevention Program
The Tobacco Education and Prevention Program is responsible for compliance
and education in Apache, Coconino, La Paz, Pima, Yavapai, and Yuma counties.
Health educators have been actively working with businesses in their
communities by providing education about the Smoke-Free Arizona Act and
explaining the benefits of smoke-free environments.
In these counties, a solid partnership exists between the Tobacco Education and
Prevention Program and the Environmental Services Division. For example if an
environmental health inspector observes a smoking violation during a routine
inspection in a food establishment, he or she will notify the health educator about
their observation(s). The health educator will follow-up with the person in
charge of the food establishment to ensure compliance with the Law.
Dual Lead Programs – Environmental Services Division & Tobacco Education
and Prevention Program

With a population of 4,023,132, Maricopa County is by far
Arizona's most populous county, encompassing more than
half of the State's residents. Joining efforts of health
educators from the Tobacco Education and Prevention
Program and environmental health inspectors from the
Environmental Health Services Division is the key to
ensuring compliance in Maricopa County.
For establishments permitted under the Maricopa County Health Code, such as
restaurants, bars, grocery stores, hotels/motels, and public accommodations,
education and complaint investigations are conducted by environmental health
inspectors. For non-permitted establishments such as retail stores, repair shops,
business offices, and shopping centers, education and complaint investigations
are conducted by health educators from the Tobacco Education and Prevention
Program.
Environmental health inspectors and health educators are using the same
approach with regards to education and compliance. The strategy taken in
Maricopa County has proven to be a great success.
ADHS – Santa Cruz County
The ADHS Smoke-Free Arizona Program is responsible for
education and compliance in Santa Cruz County. This
includes investigating complaints, conducting on-site
inspections, and educating the community about the Law
and its requirements.

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Smoke-Free Arizona Annual Report – June 2010

1.3.2.

Enforcement of the Law

Nine county health departments have the delegated authority for enforcement
activities such as issuing NOV’s, assessing civil penalty fines, attending
administrative hearings, and seeking injunctive relief.
The map below illustrates who is responsible for enforcement in each county.
Map 1.2 Enforcement Responsibilities for each County Health Department

Arizona Department of Health Services
County Enforcement

The counties conducting their own enforcement activities are Apache, Coconino,
Graham, Greenlee, La Paz, Mohave, Navajo, Pima and Yuma. For these counties,
the delegation agreement delineates the enforcement duties and additional
funding is provided.
For the remaining six counties, Maricopa, Gila, Cochise, Yavapai, Pinal, and
Santa Cruz, ADHS provides assistance for enforcement. This means that once a
pattern of noncompliance is documented, or there is evidence of willful
violations of the Act, the county health department refers the case to ADHS for
enforcement. The enforcement procedures are explained in Section 5.0 of this
report.

1.4.

Amount and Source of Program Funding

The Smoke-Free Arizona Act includes a two-cent tax that is imposed on each
pack of cigarettes. The money collected from this tax is deposited into the
Smoke-Free Arizona Fund and used to enforce the Act. Any money remaining in
the Smoke-Free Arizona Fund, after ADHS and its delegates have met
enforcement obligations for the fiscal year, is deposited into the Tobacco
Products Tax Fund and used for education programs to reduce and eliminate
tobacco use.
The graph below shows the amount of money received monthly in the SmokeFree Arizona Fund since November 2006.

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Smoke-Free Arizona Annual Report – June 2010

Graph 1.1 Smoke-Free Arizona Fund Monthly Tax Revenue

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Smoke-Free Arizona Annual Report – June 2010

2.0

Education

A
2.1.

s we cross the threshold of the third year after implementation of the
Smoke-Free Arizona Act, major strides have been made to improve the
education disseminated and the communication with the public and
businesses of Arizona about the Act.

Enhancing the Website: www.smokefreearizona.org

As the main channel of communication with the public, business owners, and
other partners throughout Arizona, the Smoke-Free Arizona website is an
essential part of the education outreach of the Smoke-Free Arizona Program.
This website explains the benefits of smoke-free enclosed public places and
places of employment, and provides information about the requirements of the
Act, resulting in a better understanding of the Act. Useful information on the
dangers of secondhand smoke, news, tips, updates, answers to frequently asked
questions about the Law, and links to valuable resources are also available.
The public can also access the Smoke-Free Arizona Timeline on the website.
This timeline provides an overview of the most important milestones in the
Smoke-Free Arizona Program history. The timeline also provides a quick insight
into the types of activities and responsibilities of the Smoke-Free Arizona
Program.

The website was updated throughout the third year to better address the most
frequently asked questions received via the toll-free information line as well as
recommendations from statewide partners. For this reason, the following three
new sections were added to the website:
• Outdoor Patios
• Residential Areas
• Outdoor Areas
These three sections clarify where smoking is allowed in those settings. These
sections address provisions of the Act that may be perceived as challenging.
These pages not only provide accurate information straight from the Act, but also
include easy to understand examples and scenarios.

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Smoke-Free Arizona Annual Report – June 2010

To date, the most popular features of the website are still the sign order page and
the online reporting system. Since the Law went into effect, business owners
have been able to order signage free of charge from the website. In addition,
concerned citizens can report violations of the Act by filing a complaint form
online in three easy steps.

An approximate combined
total of 2,165 calls have
been received between May
1, 2009 and April 30, 2010.
ADHS received a total of
1,301 calls during business
hours.

2.2.

Answering the Information Hotline: 1-877-AZ-STOPS (1-877-2978677)

As required by the Smoke-Free Arizona Act, ADHS provides a 24/7 toll-free
information line to answer inquiries from the general public and business owners.
During business hours, ADHS Smoke-Free Arizona Program staff answer the
calls. After business hours, live assistance is provided by an answering service
agency. The answering service agency staff is trained to answer general
questions about the Act, fulfill requests for free signage, and document reports of
violations. ADHS Smoke-Free Arizona Program staff return calls from people

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Smoke-Free Arizona Annual Report – June 2010

requesting further assistance during the next business day. An approximate
combined total of 2,165 calls have been received between May 1, 2009 and April
30, 2010.
ADHS received a total of 1,301 calls during business hours. Half of the calls
received were inquiries about the Smoke-Free Arizona Act, while the remaining
calls were either requests for free signage or from individuals reporting violations
of the Act.
The pie chart below shows the categories of calls (by percentage) received during
business hours by ADHS.
Pie Chart 2.1 Percentage of Calls by Category Received by ADHS between May 1, 2009 and
April 30, 2010

Of these calls, the top five types of inquiries received during business hours were
regarding:
1. The reasonable distance from entrances where smoking is prohibited (the “20
Foot Rule”),
2. Smoking in multi-family housing,
3. Outdoor patios,
4. Complaint follow-up, and
5. “No Smoking” signage requirements.
The pie chart below illustrates the types of calls received and the most frequent
questions received.

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Smoke-Free Arizona Annual Report – June 2010

Pie Chart 2.2 Percentage of Calls by Category Received by ADHS between May 1, 2009 and
April 30, 2010 including the Top Five Inquiries

2.3.
Maintaining the Email Addresses:
smokefreearizona@azdhs.gov and nosmokingarizona@azdhs.gov
The smokefreearizona@azdhs.gov email address is solely dedicated to answering
questions and providing information to the general public and business owners
about the requirements of the Smoke-Free Arizona Act. The ADHS Smoke-Free
Arizona Program Specialists are responsible for replying to all inquiries received
in this email mailbox.
The nosmokingarizona@azdhs.gov email address is used to process reports of
violations. Occasionally this email mailbox will receive general questions from
citizens and business owners, which are answered by an ADHS Smoke-Free
Arizona Program Specialist.
2.4.

“No Smoking” Signs

The Smoke-Free Arizona Act requires that most enclosed public places and
places of employment in Arizona have a “No Smoking” sign posted at every
entrance. All entrances should have signs posted except for doors leading to an

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Smoke-Free Arizona Annual Report – June 2010

outdoor patio and doors used as an emergency exit. Signs should include all the
required information and be clearly and conspicuously posted.
Business owners have the option to order “No Smoking” signs free of charge
from the Smoke-Free Arizona Program or they may choose to create their own
signs as long as the required information is included. The Smoke-Free Arizona
Program no longer offers window cling signs for businesses and places of
employment. Due to the warm Arizona weather, many businesses have tinted
glass on or near their business entrances. Window clings that were attached to
tinted glass were not clearly visible from outside, as required by the Act. The
Smoke-Free Arizona Program now offers the more convenient “No Smoking”
stickers that can attach to any surface.
The Smoke-Free Arizona Program provides the following types of signs:
• 3 x 5 inch vehicle sticker
• 8 ½ x 11 inch cardstock (an optional 20 Foot Rule add-on is available)
• 4 x 6 inch sticker (with or without the 20 Foot Rule disclosure)
The most popular sign is the 4 by 6 inch sticker with an adhesive on the back and
a UV coating on the front. Requests for the 8 ½ by 11 inch cardstock signs have
declined as people find out about the more convenient 4 by 6 inch stickers.
The demand for free signs has remained steady over the last year. A total of
1,653 sign orders were placed by businesses. In addition, signs are distributed to
businesses during complaint inspections, advisory visits, educational visits, and
routine inspections conducted by county health educators and health inspectors.
A total of 59,095 signs were distributed statewide.

2.5.

Advisory Visits

Smoke-Free Arizona staff provide assistance and guidance to business and
proprietors by performing advisory visits at their place of business. Upon

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Smoke-Free Arizona Annual Report – June 2010

request, county environmental health inspectors, county health educators, and
ADHS Smoke-Free Arizona Program Specialists visit public places or places of
employment to clarify any questions that the proprietor may have about a specific
area of concern or setting. Most advisory visits are requested by proprietors that
have questions about outdoor patios and/or designated smoking areas. County
environmental health inspectors, county health educators, or Smoke-Free Arizona
Program Specialists do not perform plan review for outdoor patios; however,
they can ensure that the proprietor understands the requirements of the outdoor
patio exemption.

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Smoke-Free Arizona Annual Report – June 2010

3.0

Outreach

3.1.

Reaching Out to Public Places and Places of Employment

A

rizona county health departments conduct consultations and on-site visits
at local businesses, bars, and restaurants and provide education to ensure
continued compliance with the Smoke-Free Arizona Act. Between May
1, 2009 and April 30, 2010, a total of 71,356 educational visits and consultations
were conducted.
Between May 1 2009 and April 30, 2010, the ADHS Smoke-Free Arizona
Program Specialists as well as county health educators and county environmental
health specialists conducted 364 educational presentations to large employers and
community partners such as educational facilities, multi-family housing
complexes, churches, and community centers. Combined an estimated 28,400
people attended these educational presentations.
ADHS Smoke-Free Arizona Program Specialists and county health educators
used health fairs as an effective forum to provide education to the public
regarding the requirements of the Smoke-Free Arizona Act. Some of the health
fairs attended by program specialists and health educators include: large
businesses, hospitals, employee orientations, and county fairs.

3.2.

Reaching Out to the Community: Success Stories

Coconino County: Encouraging Movement Towards Smoke-Free Multi-Unit
Housing
In May 2008, the Coconino County Health Department began a survey of
Flagstaff apartment communities to determine whether any had policies in
regarding smoking. Of the 51 properties surveyed, only one had an in-house
policy regarding smoking but it was not being enforced. Health Educators from
the Coconino County Tobacco Use Prevention Program started an educational
campaign focusing on the health hazards posed from secondhand and thirdhand
smoke exposure. The seed had been planted.
In 2009 and early 2010, all of the 51 properties were revisited and provided with
additional materials explaining the benefits of a smoke-free policy that would
result in healthy and happy tenants and a cost savings for multi-unit housing
communities. Two additional properties adopted smoke-free policies in 2009 for
all of their units. One property went all the way and became a smoke-free
property, grounds and all. The seed was sprouting.
In early 2010, two more communities adopted smoke-free policy for some of
their apartment buildings. Those buildings filled so quickly and received so
much interest that additional buildings will be phased into the smoke-free policy
in the near future. Additionally, they had the owner of an apartment complex in

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Smoke-Free Arizona Annual Report – June 2010

the Coconino County part of Sedona inquire about setting a smoke-free policy for
his apartments. The seed is growing.
In a little less than two years, the Coconino County Health Department has seen
Flagstaff’s multi-unit housing progress from one smoke-free property with a
policy that was not being enforced to 5 smoke-free properties, totaling 472 units
whose tenants are reaping the health benefits and whose owners / managers are
seeing less smoking related complaints and more cost savings.
Santa Cruz County: Working Towards Compliance through Partnerships and
Inspections
Reaching out to businesses located in Santa Cruz County has been successful
despite the distance between the ADHS Smoke-Free Arizona Program located in
Phoenix and the Santa Cruz County community. A continuing partnership with
the Nogales Chamber of Commerce is an effective channel used to stay in touch
with business owners. The Chamber of Commerce provides Smoke-Free
Arizona “No Smoking” signs and educational brochures to the community of
Nogales and to business proprietors that are members of this organization.
This year’s compliance efforts focused on complaint response throughout the
County. 58 complaints were received for Santa Cruz County between May 1,
2009 and April 30, 2010 and 65 inspections were conducted. Of the complaints
received, three complaints were concerning three separate shopping plazas
managed by the same property management company. Smoke-Free Arizona
Program Specialists worked with the property manager to correct violations at
the three plazas. The property manager was also provided “No Smoking” signs
and educational brochures to distribute to the tenants. In this case, the property
manager applied the information she received not only to the properties of
concern, but also to other properties managed by the company. By working with
property management companies, Smoke-Free Arizona Program Specialists were
able to reach more businesses in a quick and effective way.
Yuma County: Continued Education and Compliance Efforts are a Success
The Yuma County Health Department has been very proactive in reaching out to
the Yuma County community. Each quarter, the Yuma County Tobacco Use
Prevention Program sets outreach goals and works diligently to meet those goals,
usually focusing on a few target groups. In addition, they have attended several
health fairs and conducted numerous trainings and presentations throughout the
County.
Over the past year, the Yuma County Health Department has conducted 294
presentations and 1,926 consultations throughout the County. Combined, over
24,000 participants were in attendance at the presentations and benefited from
information about the Smoke-Free Arizona Act, the dangers associated with
smoking, and secondhand smoke exposure. To name a few, those that attended
presentations or were recipients of consultations included Yuma County new
hires, elementary school students, customer care business employees, medical
staff, strip mall tenants, chamber of commerce members, farming staff, and large
food production companies. The education and compliance efforts done by

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Smoke-Free Arizona Annual Report – June 2010

Yuma County have proven to be a success and are reflected by a sharp decline in
complaint numbers over the past 3 years.
3.3.

Educational Newsletter

In a continued effort to disseminate information about the Act, the Smoke-Free
Arizona Newsletter was created. The first issue of the newsletter was created
with the intent of reviewing the basic information that every citizen should know
about the Smoke-Free Arizona Act. It also offered fun facts about the SmokeFree Arizona Act, the latest news regarding smoking rates, and highlighted the
activities of our community partners in La Paz County.
The Smoke-Free Arizona Newsletter was distributed electronically to more than
10,000 business proprietors throughout Arizona by email. Since the newsletter
was well received by the community, the Smoke-Free Arizona Program
considers this educational outreach effort a great success.

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Smoke-Free Arizona Annual Report – June 2010

4.0

Compliance

4.1.

Verifying Compliance through Complaint Response and Routine
Inspections

C

ompliance with the Smoke-Free Arizona Act is continuing to increase
throughout the State. Compliance is monitored through complaint
response inspections at enclosed public places and places of employment.
Additionally, compliance is verified during routine food safety inspections
conducted at foodservice establishments, such as bars and restaurants.
During the third year of the Smoke-Free Arizona Act business proprietors have
continued to go above and beyond the requirements of the Smoke-Free Arizona
Act. In addition to making the necessary changes to comply with the Act, such
as posting the required “No Smoking” signs and moving ashtrays, proprietors
continue to build outdoor patios, provide designated smoking areas, and establish
in-house smoking policies that are more strict than the Act to accommodate their
employees and customers.

4.2.
During the third year of the
Smoke-Free Arizona Act
business proprietors have
continued to go above and
beyond to achieve continued
compliance.

Complaint Investigation

Complaints alleging violations of the Smoke-Free Arizona Act are investigated
by all but one of the State’s fifteen counties (See Map 1.2). Once a complaint is
received and it is determined that the allegations are valid violations of the Act,
an unannounced inspection will take place and/or the business proprietor is
notified within 15 days of the complaint. When necessary, investigations are
performed in pairs, for example, during night inspections and for cases where the
evidence may be difficult to find. If a violation of the Act is observed during an
inspection, the proprietor is requested to correct the violation at the time of the
inspection. If the violation is not corrected at that time, a re-inspection will take
place to verify that a corrective action has been made. Re-inspections have
shown to be an effective approach in achieving compliance.
Complainants may follow-up on their complaints by calling the ADHS SmokeFree Arizona Program or their county health department. Complaint
investigation findings are entered into a database that can be accessed by SmokeFree Arizona Program officials only. Complaints can be located with a
complaint identification number that is issued when a complaint is filed, the
complainants’ last name (if provided), the business name, address, or cross
streets.

4.3.

Complaint Numbers Stabilize With Increased Compliance
throughout Arizona

The ADHS Smoke-Free Arizona Program continues to encourage members of
the public to report violations of the Smoke-Free Arizona Act. Complaints can
be filed by one of the following:

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Smoke-Free Arizona Annual Report – June 2010

•
•
•

Filling out an online complaint form at www.smokefreearizona.org,
Calling the toll-free Smoke-Free Arizona hotline at 877-4-AZNOSMOKE (877-429-6676), or
Sending an e-mail to nosmokingarizona@azdhs.gov.

During the third year after the Law went into effect, between May 1, 2009 and
April 30, 2010, a total of 1,389 complaints alleging violations of the Smoke-Free
Arizona Act were filed statewide. The numbers of complaints have slightly
decreased and leveled off from the previous two years indicating that a higher
level of compliance has been achieved throughout the State. Most of the
complaints were regarding people smoking outside within twenty feet of an
entrance and the presence of ashtrays located outside within twenty feet of an
entrance.
The table below illustrates the number of complaints filed monthly statewide
between May 1, 2009 and April 30, 2010.

Graph 4.1 Total Complaints Filed Statewide from May 1, 2009 to April 30, 2010

The counties that received the highest number of complaints are: Maricopa
(57%), Pima (15%), Mohave (9%), Yavapai (5%), and Santa Cruz (4%). Of the
1,389 complaints received, 687 complaints reporting violations of the Act were
for public places and places of employment located in these five counties.

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Smoke-Free Arizona Annual Report – June 2010

The top five counties that received the highest percentage of complaints between
May 1, 2009 and April 30, 2010 are shown in the map below.

Map 4.1 Top Five Counties with the Highest Percentage of Complaints

The number of complaints received for each county between May 1, 2009 and
April 30, 2010 is shown in the map below.
Map 4.2 Number of Complaints for Each County between May 1, 2009 and
April 30, 2010

The complaints received during the third year after the Law went into effect
transitioned off in comparison to the previous two years. A total of 4,803
complaints were filed during the first year and a total of 1,776 complaints were
filed during the second year. During the third year, the number of complaints
continued to decline to a total of 1,389 complaints filed statewide. Efforts to
educate business owners and incorporating compliance checks during routine
food safety inspections continue to result in a decline in the number of
complaints and thus achieving a higher level of compliance.

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Smoke-Free Arizona Annual Report – June 2010

The line graph below illustrates the comparison between the number of
complaints received during the first, second, and third year after the Law went
into effect.

Graph 4.2 Comparison of Complaints Filed Monthly Statewide between May 1, 2007 and April 30,
2010

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Smoke-Free Arizona Annual Report – June 2010

5.0

Enforcement

5.1.

Initiating Legal Procedures

N

ine of the fifteen Arizona county health departments have the delegated
authority to enforce the provisions of the Smoke-Free Arizona Act.
These include Apache, Coconino, Graham, Greenlee, La Paz, Mohave,
Navajo, Pima, and Yuma counties. The ADHS Smoke-Free Arizona Program is
responsible for enforcement in the remaining six counties, including Cochise,
Gila, Maricopa, Pinal, Santa Cruz, and Yavapai (See Map 1.2).
If a proprietor of an establishment does not correct violations as requested,
demonstrates willful violations, or a pattern of noncompliance with the Act, he or
she is subject to enforcement action and may receive a Notice of Violation
(“NOV”) or an assessment of civil penalty fines between $100 and $500 for each
violation. If injunctive relief is requested, the Superior Court may impose
appropriate injunctive relief and civil penalty fines up to $5,000 per violation.

Enforcement actions take
place when educational
efforts fail to result in
compliance with the SmokeFree Arizona Act in a timely
manner.

To attain consistent statewide enforcement of the Act, a 3rd annual training was
given by ADHS to each county health department. The annual training provides
an opportunity for all existing and new inspectors to receive uniform training to
ensure all inspectors are implementing the Smoke-Free Arizona Act consistently
throughout the State. The annual training also gives inspectors a chance to ask
questions specific to their County.

5.2.

Achieving Compliance through Legal Proceedings

Enforcement actions take place when educational efforts fail to result in
compliance with the Smoke-Free Arizona Act in a timely manner. The ADHS
Smoke-Free Arizona Program has had tremendous support from the Education &
Health Section attorneys from the Office of the Arizona Attorney General and
from the Office of Administrative Rules at ADHS. This support, combined with
an effective enforcement protocol, allows ADHS to better serve the county health
departments when cases are referred to the ADHS Smoke-Free Arizona Program
for enforcement.
Notices of Violation are issued in response to a pattern of noncompliance or
willful violations of the Law. An NOV details violations that have been
observed and documented during complaint investigations. A total of 36 NOV’s
were issued statewide between May 1, 2009 and April 30, 2010, 7 of which were
issued by the ADHS Smoke-Free Arizona Program. A total of $3,500.00 in civil
penalty fines were collected statewide. The majority of the NOV’s were issued
to proprietors that permitted employees, customers, or visitors to smoke inside
enclosed public places and places of employment. No new cases were brought
before the Superior Court for injunctive relief this year.
The number of NOV’s issued to proprietors of public buildings and places of
employment were equal to the number of NOV’s issued to retail food

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Smoke-Free Arizona Annual Report – June 2010

establishments. 18 NOV’s were issued to proprietors of places of employment
and public places, such as real estate offices, law offices, insurance services, and
trucking companies. 18 NOV’s were issued to proprietors of retail food
establishments, such as bars, restaurants, and grocery stores.
Of the 7 NOV’s issued by the ADHS Smoke-Free Arizona Program, 3 cases were
closed out and 4 are currently pending and the outcomes were not available in
time to be included in this annual report. A total of $12,800.00 of possible civil
penalty fines were assessed. Settlement agreements with the business proprietors
were reached in all 3 cases and a total of $2,200.00 in fines were collected. For
each case, the settlement included a lesser fine; however, the remainder of the
original fine was deferred, so long as the business is not found in violation of the
Act at any time in the future. Should a business be found in violation after
signing a settlement agreement, the deferred amount must be paid and additional
fines may be assessed. Three NOV’s issued by ADHS between May ‘08 and
April ‘09 were not resolved during that year and were subsequently resolved
during the current year. Of the 3 cases, the proprietors faced a total of $5,800.00
in civil penalties. A settlement agreement was reached in each case and a total of
$1,100.00 in civil penalties were collected.
The third year after the Smoke-Free Arizona Law went into effect marked the
first year that administrative hearings were held to determine the outcome of 3
enforcement cases statewide. One administrative hearing was held in Yuma
County and the administrative hearing officer found the establishment to be in
violation of A.R.S. § 36-601.01. Two administrative hearings were held in
Maricopa County during the month of April 2010. The outcomes for each case
are pending and are not available to be included in this annual report.

5.3.

Update on the Retail Tobacco Store Exemption

In March 2008, the Maricopa County Superior Court ruled that cigar bars are
subject to the Act and thus smoking is prohibited in cigars bars. The owner of a
cigar bar appealed the decision, alleging that his establishment met the exemption
for retail tobacco stores. On September 30, 2008 the Court of Appeals reverted
and remanded the decision of the Maricopa County Superior Court.
ADHS filed a petition with the Arizona Supreme Court to review the Court of
Appeals decision with regards to a cigar bar using the exemption for retail
tobacco stores in order to allow smoking inside the premises. The Arizona
Supreme Court denied the petition.
At this time, the Court of Appeals’ decision remains in effect. In summary, the
Court of Appeals held that a business/facility which satisfies the definition of a
“retail tobacco store” under A.R.S. § 36-601.01(A)(10) qualifies for the statutory
retail tobacco store exemption to the smoking ban, even if the business/facility is
otherwise prohibited from smoking. The Maricopa County Superior Court
agreed with the Courts of Appeals’ decision in that cigar bars may meet the
exemption requirements of retail tobacco stores, and if so, may allow smoking
inside.

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Smoke-Free Arizona Annual Report – June 2010

6.0

Protecting Arizonans Health

6.1.

State of Tobacco Control Report Card: Smoke-Free Arizona Scores
a Grade A

T

he American Lung Association State of Tobacco Control 2009 report
tracks progress on key tobacco control policies at the state and federal
level and assigns grades to tobacco control laws and regulations enacted.
Arizona is one of 19 states that have passed comprehensive
smoke-free workplace, restaurant and bar laws protecting
the public and workers from the dangers of secondhand
smoke (as of April 1, 2010).

A total of 1539 persons
completed the Smoke-Free
Arizona opinion poll survey.
80.1 % of Arizona citizens
stated they are in favor of
the Law.

In 2009, for a second consecutive year, Arizona earned a
grade A for maintaining a strong and comprehensive
enforcement program of the Smoke-Free Arizona Act. The
report states that Arizona’s statewide smoke-free workplace law, also known as
Smoke-Free Arizona, which was passed by the voters in November of 2006, has
had continued success. The Arizona Department of Health Services continues to
work in partnership with the Arizona American Lung Association to make sure
that the Law is appropriately enforced throughout the state.
6.2.

Opinion Poll Survey

In the spring of 2010 the Arizona Department of Health Services, Smoke-Free
Arizona Program conducted a public opinion poll survey. The purpose of the
survey was to measure public knowledge and support of the Law, assess
statewide compliance, and evaluate business owners’ needs with regard to the
Law. The survey was conducted using an online professional software system
that enabled respondents to answer a brief survey in a quick and easy manner.
Two sets of survey questions were created for the two target audiences; Arizona
citizen / member of the public and business owner / operational manager. A
direct link to the opinion poll was posted on the Arizona Department of Health
Services website and on the Smoke-Free Arizona website. In addition, a mass
email was sent to nearly 10,000 email addresses from businesses and individuals
who have contacted the Smoke-Free Arizona program.
A total of 1539 persons completed the opinion poll survey and of those, 901
responses (58.5%) came from Arizona citizens / members of the public. The
following results were received:
• 83.7% (661 persons) who completed the survey are non-smokers where
as 16.3 % (129 persons) answered that they are smokers.
• A strong majority, 80.1% of Arizona citizens stated they are personally
in favor of the enacted Smoke-Free Arizona Law, 14.3% stated they are
opposed to it and 5.6% stated they are indifferent to the Law.
• 76% of Arizona citizens answered that they feel establishments they
normally frequent have become healthier environments as a result of the
Smoke-Free Arizona Act.

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Smoke-Free Arizona Annual Report – June 2010

•
•
•

When asked if any smoking has occurred inside their place of
employment in the last 30 days, a staggering 96.1% of Arizona citizens
answered “no.” That left a small percentage of 3.9% who answered yes.
52.1% of respondents answered that they observed smoking within 20
feet of entrances, open windows or ventilations systems within the last
30 days at a restaurant or bar in their community.
81.5% of Arizona citizen responded “yes, I know where to go for
Smoke-Free Arizona information and compliance assistance.” 18.5%
answered “no.”

The remaining 638 (41.5%) of responses came from business owners /
operational managers. The following results were received:
• The top two categories of business owners stated they either owned or
operated a restaurant and/or bar or a private or corporate business office.
• 74.9% of the respondents answered they did not allow smoking inside
their business before the Smoke-Free Arizona Act was passed, while
25.1% answered that smoking was allowed.
• When asked, if they felt that their place of business is a healthier
environment as a result of the Smoke-Free Arizona Act, 51.7% answered
“yes,” 15.4% answered “no,” and 32.9% answered “I have not noticed a
difference.”
• Verbal information and written policy were the most used methods for
business owners to educate their employees about the requirements of the
Act.
• The majority, (72.5%) of business owners indicated they are personally
in favor of the enacted Smoke-Free Arizona Law, 18.6% indicated they
are opposed to it and 8.9% indicated they are indifferent to the Law.
• When asked where smoking takes place on their business property (if
allowed), 55.8% answered “in outdoor designated areas,” 20.6%
answered “outdoor patios”, and 16.6% answered “nowhere, we are a
smoke-free campus.”
• 89.9% of business owners stated that they knew where to go for SmokeFree Arizona information and compliance assistance, while 10.1% stated
that they did not know where to go.
Overall, the survey provided mostly positive feedback; however, some negative
feedback was received from both Arizona citizens and business owners. The
information provided in the survey answers will enable the Smoke-Free Arizona
Program to continue providing educational and compliance tools that are helpful
to the public and business owners such as the required “No Smoking” signs that
are provided free-of-charge and maintaining the user friendly Smoke-Free
Arizona website as proclaimed by one respondent, “smokefreearizona.org is a
great website!” In turn, the Smoke-Free Arizona Program can use the negative
feedback as a way to improve compliance throughout the State. For example,
one business owner stated, “I have noticed more cigarette butts in the planters
since there can not be any ashtrays within twenty feet of the stores entrances.”
As a result of such feedback the Smoke-Free Arizona Program can provide
additional education and compliance solutions to business owners and property
managers who are responsible to clean up the littered cigarette butts.

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Smoke-Free Arizona Annual Report – June 2010

1,469 childcare centers in
Arizona received the
Empower Pack kit and thus
received Smoke-Free
Arizona educational
materials.

6.3.
Empower Pack
The Empower Pack Program is a nutrition and tobacco-free program that
childcare centers may choose to participate in to receive discounted state
licensing fees, with the agreement that centers will adopt more healthy habits by
implementing program standards. Empower Centers are required to teach
children how to live healthy lives by using the following ten curriculum
requirements:
1. Facilities should encourage physical activities as part of their
curriculum by scheduling at least 60 minutes of planned activity (which
can be broken up in shorter time periods) per day. Encourage “sun safe”
physical activities.
2. Limit kids’ screen time to under one hour a day.
3. Avoid more than 60 minutes of sedentary activity at a time, except
while the child is sleeping.
4. Offer water at least 4 times during the day.
5. Serve 1% low fat or fat free milk for all children over two years of
age.
6. Serve only 100% percent fruit juice (with no added sugars), and limit
kids to (4 ounces) per day.
7. Serve meals family style and let the child decide how much to eat.
Avoid rewarding good behavior or a clean plate with foods of any kind.
8. If able, participate in the USDA Child and Adult Care Food Program.
9. Facilities and homes should be totally (24-hour) smoke-free campuses.
10. All families should receive education and referrals regarding tobacco
prevention cessation and second hand smoke at least 4 times per year.
The Smoke-Free Arizona Program provided the required “No Smoking” signs
including one 4x6 inch sticker and one 8 ½ x 11 inch cardstock sign per
Empower Pack kit. Also included was The Smoke-Free Arizona Act Clearing
the Air for Employers brochure. The Empower Pack kits were sent out to 1,469
childcare centers in Arizona. In addition, a link to the Smoke-Free Arizona
website, www.smokefreearizona.org, can be found on the Empower Pack website
as a resource for Empower Centers to utilize.

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Smoke-Free Arizona Annual Report – June 2010

7.0

Conclusion

T

he continued success of the Smoke-Free Arizona Act remains a result of
the combined work of county health educators and county environmental
health inspectors providing education and compliance assistance to
business owners throughout their counties.
During the third year of the Smoke-Free Arizona Act business proprietors have
continued to go above and beyond the requirements of the Smoke-Free Arizona
Act. In addition to making the necessary changes to comply with the Act, such
as posting the required “No Smoking” signs and moving ashtrays, proprietors
continue to build outdoor patios, provide designated smoking areas, and establish
in-house smoking policies that are more strict than the Act to accommodate their
employees and customers. Several large public places and places of employment
have declared their entire campuses as smoke-free, and while some
establishments meet the requirements to be exempt under the Law, their
proprietors have chosen not to allow smoking where otherwise permitted under
the Act, including many hotels and motels.
The ADHS Smoke-Free Arizona Program continues to encourage members of
the public to report violations of the Act by filling out a complaint form online,
by calling the toll-free complaint line, or by sending an email. A total number of
1,389 complaints were filed between May 1, 2009 and April 30, 2010. Most of
the complaints, as in years past, were regarding people smoking outside, but
within 20 feet of an entrance, and the presence of an ashtray outside within 20
feet of an entrance. Compared to the number of complaints, only a minimal
number of complaints resulted in legal proceedings. Enforcement took place
only when educational efforts did not result in timely compliance.
For the second year in a row, the 2009 American Lung Association State of
Tobacco Control Report gave a grade “A” to the state of Arizona for maintaining
a strong and comprehensive enforcement program of the Smoke-Free Arizona
Act. The report recognizes the continued success of the Smoke-Free Arizona Act.
We are proud to state that in its 3rd year, the Smoke-Free Arizona Act continues
to be a success. Compliance continues to soar statewide, resulting in cleaner air
for Arizona residents.

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Smoke-Free Arizona Annual Report – June 2010

For questions regarding this report please contact:
Harmony Duport, R.S.
Acting Program Manager, Smoke-Free Arizona
Arizona Department of Health Services
Office of Environmental Health
150 North 18th Avenue, Suite 430
Phoenix, AZ 85007
602-364-3138
duporth@azdhs.gov

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