The Smoke-Free Arizona Act (the Act) prohibits smoking
in most enclosed public places and places of employment. While the
goal of the Act is to protect Arizonans from the dangers of secondhand
smoke, there are some exempt public places and places of employment,
defined by A.R.S. § 36-601.01(B), where smoking is allowed. Retail
tobacco stores are one of the seven exemptions.

NEWSLETTER

A “retail tobacco store” is defined in A.R.S. § 36-601.01(A)(10) as a store that derives the majority
of its sales from tobacco products and accessories. This means that in order for the retail tobacco store
to be exempt from the Smoke-Free Arizona Act, it must derive at least 51% of its gross income from the
sale of tobacco products and accessories.
ISSUE 2 | VOLUME 4 | OCTOBER 2013

R

etail tobacco stores may include
smoke shops, cigar lounges, and
hookah bars, but they are only exempt from the Act if they meet all the
requirements detailed in A.R.S. § 36601.01 and A.A.C. R9-2-107.

E

ach year, the legal owner (proprietor) of a RTS must be able to prove
in a legal statement (notarized affidavit) that 51% of its gross income came
from the sale of tobacco products
and accessories during the previous
calendar year. This statement should
be completed by January 31st of each
.R.S. § 36-601.01(B)(3) states that
year, and must be maintained on the
smoking is allowed in retail tobacco
premises at all times. If the RTS bestores (RTS) that are physically sepagins operations after January 1st of the
rated so that smoke from the RTS does
current year, the owner must complete
not infiltrate into areas where smoking
a notarized affidavit by the first day of
is prohibited, such as non-exempt
operation that they expect at least 51%
public places and places of employof their gross income to come from
ment. The RTS must be independentthe sale of tobacco products and acly ventilated and enclosed on all sides
cessories. If the Smoke-Free Arizona
by solid walls or windows (exclusive
Program receives a complaint, these
of doors or passageways).
documents must be made available for
review upon request. The statement
requirements can be found in A.A.C.
R9-2-107.

A

The Smoke-Free Arizona Act is a
voter-approved law that passed in
November 2006. The Act increased
the State tax on cigarettes by 2 cents,
from $1.18 per pack to $1.20. Revenue generated in the Smoke-Free
Arizona Fund was used to implement
and continues to fund the Smoke-Free
Arizona Program (SFA Program).

As with any enclosed public place

or place of employment that is exempt
from the Act, it is not necessary for
retail tobacco stores to post the otherwise required “No Smoking” signs,
prohibit smoking inside and within 20
feet of the entrances, or ensure that
ashtrays are removed from inside and
located at least 20 feet away from the
entrances.

Finally, it is important to note that

while a RTS may qualify for an
exemption, a proprietor of a retail tobacco store may choose to maintain a
smoke-free environment and prohibit
smoking inside the establishment and
within 20 feet of the entrances.

The SFA Program provides education
about the Act, ensures compliance
with the Act, maintains a 24/7 hotline
and website, and offers educational
materials and “No Smoking” signs
free of charge. If you have questions
about the Act or would like to file a
complaint, please contact us.