Welcome to Nevada Smoking Laws!
Who enforces the smoking laws in Nevada?
The State of Nevada has laws against tobacco use to protect human health and safety.
The State, District or County Boards of Health and local law enforcement authorities are responsible for enforcing laws regarding public smoking in areas or buildings where it is limited.
Law enforcement agencies enforce laws regarding access by minors to tobacco products.
The State Attorney General or contracted agencies enforce laws regarding inspections of tobacco retailers for compliance with ban on access of minors to tobacco products.
Why can't Clark County, the City of Las Vegas or the Health District ban smoking in public places?
Nevada law does not allow any local government in the State to approve ordinances or regulations which are stricter than the State law. School districts are exempt from this law. As a result, the Clark County School District (CCSD) does not allow smoking on any of its campuses by either faculty members or students. Visit the CCSD website to view their tobacco policy.
Where is smoking prohibited in Nevada?
Nevada law limits smoking tobacco in any:
- Public elevator
- Public building
- The State of Nevada or any county, city, school district or other political subdivision of the state and used for any public purpose
- Public waiting room, lobby or hallway of any medical facility or facility for the dependent
- Office of any chiropractor, dentist, physical therapist, physician, podiatric physician, psychologist, optician, optometrist, doctor of Oriental medicine or doctor of acupuncture
- Hotel or motel when so designated by the operator
- Public area of a store principally devoted to the sale of food for human eating off the premises; i.e. grocery stores
- Child care facility
- Bus used by the general public
- School bus
How does the law allow for smoking in the above mentioned areas?
The person in control of any of the above facilities must post signs banning smoking in any place not selected for that purpose or assign a separate area which may be used for smoking.
What does the law say about the slot machine areas of grocery and convenience stores?
Nevada law allows smoking in public areas of a store that is leased or operated by a person who is licensed if:
- The entire public area of the store is 10,000 square feet or less; or
- The area is separated from the other public areas of the store by two or more walls or partial walls, or any combination thereof, in a layout that includes at least one corner; and contains a method of ventilation which substantially removes smoke from the area.
What does the law say about casinos and smoking?
Smoking is allowed in all licensed gaming establishments, unless they assign separate rooms or areas within the establishment as nonsmoking.
...assign a separate area which may be used for smoking. ...
What about restaurants and bars?
Restaurants with a seating capacity of 50 or more must maintain a flexible nonsmoking area within the restaurant and offer each patron the option to sit in a smoking or nonsmoking area.
Bars that get more than 50 percent of their gross receipts from alcohol sales or earn more than 50 percent of their gross income from gaming do not have to provide a non-smoking area.
What are the laws concerning minors and tobacco?
Nevada law makes it unlawful for any person to sell, distribute or offer to sell cigarettes, cigarette paper and tobacco of any description or products made from tobacco to any child under age of 18 years.
A separate Nevada law limits cigarette vending machines to areas where minors are not allowed and does not allow vending machines to mix tobacco products with any non-tobacco products.
Who enforces these laws regarding the sale of tobacco products to minors?
The Attorney General's office enforces these laws. They are authorized to conduct inspections (stings) of local tobacco retail stores for sales to minors.
A federal law, known as the Synar Amendment, requires the state to take reasonable steps to enforce its own law that prohibits the sale of tobacco products to minors.
The Attorney General’s office funds their inspection program using money from the tobacco settlement.
For more information on the smoking and tobacco laws in Nevada, please refer to Nevada Revised Statute (NRS) 202.2485 - 202.2497.
