Frequently Asked Questions
These are the most frequently asked questions related to the new ordinance. For further inquiries, please contact the West Lafayette Mayor's Office.
- When does the new West Lafayette law go into effect?
- What is the purpose of the Smokefree workplace ordinanace?
- How can I get a copy of the West Lafayette smoke-free ordinance?
- How do I implement this ordinance in my establishment?
- What do I do if someone is smoking in my establishment?
- What are the penalties for non-compliance?
- Who is responsible for violations of the smoking law?
- Can I provide a smoking room or section for my employees?
- What do bars and restaurants need to do to comply with the law?
- Will the business be ticketed if a pack of cigarettes is lying on a table?
- Do businesses have to post a "NO SMOKING" sign on their entrances?
- Where can I get free "NO SMOKING" signs?
- Where is smoking allowed?
- Are liquor stores required to be smoke free?
- Are retail tobacco stores required to be smoke free?
- My business does not allow pubic access to some areas; do we have to have a smoke free workplace if all the employees agree to work in a smoking environment?
- We rent office space within an existing building. The entrances to the building will have no smoking signs posted; do we need to post a sign on our personal office door as well?
- I have a home-based business in my basement - does that have to be smoke free?
- What do I do if I think my business is exempt from this ordinance?
When does the new West Lafayette law go into effect?
The new ordinance went into effect on July 1, 2007. West Lafayette citizens are now enjoying smoke-free air!
What is the purpose of the Smokefree workplace ordinanace?
The purposes of this chapter are: 1) to protect the public health and welfare by prohibiting smoking in public places and places of employment; and 2) to promote the ability of nonsmokers to breathe smoke-free air and to recognize that the need to breathe smoke-free air shall have priority over the desire to smoke.
How can I get a copy of the West Lafayette smoke-free ordinance?
An electronic copy of the ordinance is available by clicking here. A paper copy, can be requested by calling the City Clerk at 765-775-5152. The smoking ordinance is Ordinance Number 8-06.
How do I implement this ordinance in my establishment?
To implement the ordinance in your establishment:
- Inform customers and employees that on or before July 1, 2007 your business will be smoke-free.
- Post "NO SMOKING" signs in visible places, including entrances and restrooms.
- Remove ashtrays.
- Place cigarette butt receptacles outside the business.
- Develop personnel procedures that include when and where smoke breaks can be taken.
- Train employees about the law, including what to say to customers who make a mistake and smoke in your business.
What do I do if someone is smoking in my establishment?
If you or your staff observes someone smoking inside your establishment, ask the person not to smoke indoors. Suggest the person smoke outside and remind them that West Lafayette law prohibits smoking in indoor work places. You may provide an area outside of your establishment for smokers as long as it is a reasonable distance from the entrance, operable windows, passageway and/or your ventilation system. If you have a customer who refuses to comply, you should ask the person to leave your establishment in order to avoid being in violation of the requirement that your establishment be smoke-free. If they refuse call the West Lafayette police for assistance.
What are the penalties for non-compliance?
A person who smokes in an area where smoking is prohibited by the ordinance will be guilty of an infraction, punishable by a fine of fifty dollars ($50).
A person who owns, manages, operates, or otherwise controls a public place of employment and who fails to comply with the ordinance shall be guilty of an infraction, punishable by:
- A fine of fifty dollars ($50) for the first violation
- A fine of one hundred dollars ($100) for the second violation at the same place.
- A fine of two hundred fifty dollars ($250) for each additional violation at the same place.
Who is responsible for violations of the smoking law?
If smoking is allowed to continue in an establishment or place of employment, including a restaurant or bar, citations may be issued to any number of persons involved, including the business owner, the manager, the operator on duty, and the person smoking.
Can I provide a smoking room or section for my employees?
No. Smoking is prohibited in all areas of the building.
What do bars and restaurants need to do to comply with the law?
All effected establishments are required to eliminate smoking completely in their place of business or employment. Ashtrays and other smoking paraphernalia must be removed and no smoking signs must be posted at every entrance to the business.
Will the business be ticketed if a pack of cigarettes is lying on a table?
No. Violations of the ordinance include smoking in the establishment and allowing smoking in the establishment, not possession of tobacco products.
Do businesses have to post a "NO SMOKING" sign on their entrances?
"No Smoking" signs or the international No Smoking symbol is required to be clearly posted in every building or area where smoking is prohibited by the owner, operator, manager or other person having control of the building.
Where can I get free "NO SMOKING" signs?
Signs will be provided to all West Lafayette business, free-of-charge, before the July 1, 2007, implementation date. Also, free no smoking stickers/decals can be obtained from the City of West Lafayette (while supplies last) by calling: 765-775-5100.
Where is smoking allowed?
The new City Code does NOT prohibit smoking in the following areas:
- Outdoors, except where prohibited by other applicable laws
- Private residences, except when used as a licensed child care, adult day care or health care facility.
- Hotel and motel rooms that are rented to guests and are designated as smoking rooms. However, not more than twenty-five percent (25%) of rooms rented to guests in a hotel or motel may be designated as smoking.
- Retail tobacco stores
- Private clubs
- Tobacco bars
- Outdoor areas of employment
Are liquor stores required to be smoke free?
Yes, the ordinance applies to all liquor stores.
Are retail tobacco stores required to be smoke free?
No, the ordinance does not apply to retail tobacco stores.
My business does not allow pubic access to some areas; do we have to have a smoke free workplace if all the employees agree to work in a smoking environment?
All places of employment are required to be smoke free under the new ordinance. A place of employment is defined as any enclosed area under the control of a public or private employer which employees normally frequent during the course of employment. Therefore, regardless of whether the business allows public access to the work areas, the employer must provide a smoke free work place for the employees, including business vehicles with more than one occupant.
We rent office space within an existing building. The entrances to the building will have no smoking signs posted; do we need to post a sign on our personal office door as well?
As long as there is no outside access to your office and the no smoking signs on the building are at every entrance, you are not required to post a sign on your office door.
I have a home-based business in my basement - does that have to be smoke free?
If your home-based business has employees or you receive clients or the public in that business, then your home-based business must become smoke-free.
What do I do if I think my business is exempt from this ordinance?
All businesses must post signage indicating their businesses smoking policy.
- "No Smoking" signs or the international "No Smoking" symbol is required to be clearly posted in every building or area where smoking is prohibited by the owner, operator, manager or other person having control of the building.
- Any public place or place of employment exempted from this ordinance will clearly and conspicuously post the following sign at every entrance: "Warning. Tobacco smoke may be present."
Tobacco bars must present evidence to the West Lafayette Mayor's Office regarding percentage of sale or rental of tobacco products.
Private clubs must provide documentation of status to the West Lafayette Mayor's Office.
Hotels and motels must provide documentation that not more than 25% of rooms rented to guests are designated as smoking rooms.