A Guide to South Carolina’s Smoking Restrictions
Changes to the law now prohibit smoking in public places and on a variety of transportation methods. Public places as defined under this law include:
- Areas used for serving food and drink, even if there is no employment
- Locations at fairs, amusement parks, sporting events, and public beaches
- Buses and other modes of transportation (including taxis/construction vehicles/cabañas), and bus stops and terminals
- Seating areas, waiting areas, and child care areas located in and around the facilities listed above
- All common areas in any number of buildings or workplaces , including but not limited to office and apartment complexes
- Public spaces, such as playgrounds, parks, sidewalks, and beaches
- Entertainment venues, such as movie theaters, convention centers, and theaters
The law does not permit smoking inside any of these areas, as well as the spaces that are mentioned above. Exceptions exist for cigar bars, private clubs, and tobacco stores, which are given permission to continue their practices, provided they meet specific state requirements.
There are also new laws that outlaw smoking in certain places in South Carolina, including the following restrictions:
Indoor Smoking Restrictions
Effective December 31, 2006 the smoking indoors in certain public venues in South Carolina is prohibited. Some of the public venues affected by the ban include: (1) Retail stores (including all retail merchandise establishments and pharmacies with or without facilities for preparing and dispensing of food and beverage); (2) Restaurants; (3) Bars; (4) Public and private schools, pre-schools and child care facilities; (5) Indoor amusement centers; (6) Theaters; (7) Public libraries; (8) Educational facilities; and (9) Commercial establishments that are open to the public and a place of employment. However, there are notable exceptions to the major ban. In South Carolina smoking remains legal in offices and workplaces where employees are not required to enter as a condition of employment. In addition, we have several gaming establishments across the state such as the Myrtle Beach Pavilion that carry exemptions if a facility is 50% or more enclosed by a permanent wall structure.
Smoke-Free Work Environments
Although the act of smoking in itself is legal, the right to smoke is often restricted in many environments. For example, while you have the right to smoke outdoors in public, there are restrictions when it comes to smoking indoors. In workplaces, the rules of the South Carolina State Smoke-Free Air Law include:
• Smoking is prohibited inside of any workplace or any premises that are occupied by at least one person.
• In workplaces open to public access, employers must post signs that include the words: "No smoking" or "Thank you for not smoking" in any area that restricts smoking.
• Employers, or proprietors of premises, must place a sign reading "No smoking" or "Thank You for Not Smoking" where at least 30 percent of the air in the building is shared. These sites include lobbies, elevators, hallways and administrative areas.
• When smoking is restricted in a workplace, employers are required to provide designated work areas at least 25 feet from all entrances or exits to the workplace and the main ventilation system.
• Employers are required to seek cooperation from their employees to maintain the restrictions on smoking. This means that employees should report violations of the smoking law immediately to their employer.
While employers are expected to obey the law, they have the ability to designate their own tobacco smoking policy. Employees should consult with their employers about whether or not smoking will be allowed in their workplace.
Public Attitude and Smoking Prohibitions
The legislation that reformed smoking laws in South Carolina also tended to be accompanied by significant public campaigns. The most notable of these is Palmetto Smoke-Free, which has been a joint effort of healthcare and civic organizations since 2006. This initiative is associated with several programs, including First Breath and Kickin’ Ash. The First Breath campaign helps to reach new and expectant mothers to lower their rates of smoking and tobacco exposure. In fact, South Carolina hospitals now routinely test new mothers for tobacco usage and educate families on quitting smoking. Through this initiative, 33,000 new moms were screened and nearly 18,500 new babies were exposed to smoke-free conditions in a year. In 2011, The South Carolina Tobacco Collaborative launched the Kickin’ Ash campaign to help people quit smoking. Through counseling, medications and other programs, this initiative worked to treat people at the individual level. As a result of the collaborative, more than 122,000 residents state-wide received care to help them stop smoking and prevent tobacco use.
Tobacco-Free Spaces in South Carolina
With the most recent passing of smoking bans in South Carolina, those who have not lived here long, or even just for those who do not know where these bans are now in place, will benefit from an understanding of the layout of tobacco-free areas. Arguments for support of for smoking bans are plentiful and this is a post for supporters. Arguments against are few and addressed in past blog posts (like this one). Efforts to making certain areas of South Carolina tobacco-free are killer health and wellness ideas, but also an up-and-coming business tactic. Those whose lives are tobacco-free are openly in favor of smoking bans and there is a handful of places around the state that have now banished the use of any form of tobacco. In some areas, such as some towns and cities, tobacco-free status was given to the entire area while in others only select public places have been designated. In both cases, this is a progressive movement that may be joined by more areas in the future. Public spaces include the following: Museums, sports venues, parks and recreation areas are all now tobacco free and many of these areas are under state jurisdiction. Many other parks across the state are on the docket as far as becoming places where tobacco use is prohibited, but no further details can be released until a sanction is put in place, according to the Parks, Recreation and Tourism Division of the Department of Parks, Recreation , and Tourism. The Division oversees many state parks that cover over 80 square miles of property and that equates to a pretty significant amount of area that is considered smokefree and over 60 recreational parks that serve the public in a smokefree environment. Other areas that have followed suit with other states like California and New York to go smokefree are hospital grounds and health care facility grounds. Any sort of state-owned or state-operated day-night care facility is now also tobacco free and all smoking in state correctional facilities is banned. Beaches are also considered within these no tobacco zones and many beaches and waterfront parks are along the coast of South Carolina. Many state and county government owned buildings now have been classified as these smokefree areas. Any kind of public transportation, including the rail system, is now also tobacco free. Almost all airports across the state are also tobacco-free areas due to their government ownership. Again, there are many other areas that will be placed on the state’s list of smokefree places in the near future, but until then the most common areas include the following: Again, this is just a sampling of the areas that have now gone smokefree and the information provided here is the basics of what will be helpful to people who live here, work here and visitors alike. It is an advantage for all parties for South Carolina to be tobacco free.
An Analysis of Smoking Regulations in South Carolina versus Other States
Similar to South Carolina, most other states prohibit smoking in all public indoor places, but there are a number of significant differences in the details of those laws. Although all states have different classifications of the types of business establishments where smoking may occur, South Carolina does not classify establishments, but treats them on an individual basis. South Carolina allows an exemption in historic buildings that have been renovated into bars, while North Carolina and Illinois do not. In addition, Pennsylvania and Texas allow smoking in certain bars and taverns, as well as cigar bars, while South Carolina only allows smoking in a cigar specialty shop if certain requirements are met. Furthermore, only six states ban smoking in all restaurants.
The American Nonsmokers Rights Association notes that 29 states, along with the District of Columbia and Puerto Rico, restrict smoking in some indoor workplaces, restaurants and/or bars, while 18 states and the District of Columbia prohibit smoking in all workplaces, restaurants and bars. At least 13 states and numerous localities have exemptions for cigar bars. Wyoming and Nevada do not regulate smoking in indoor places.
Non-Compliance and Fines
Enforcement of the Act is directed primarily by state and local law enforcement agencies, who are charged with enforcing the Act’s provisions. The Attorney General, state and local health and environmental agencies are also charged with enforcing the Act’s provisions. In many municipalities, it is the local public health department that enforces the Act, with assistance from law enforcement. Prior to 2010, it was the Department of Health and Environmental Control (DHEC) that investigated complaints of non-compliance with the Act. Such complaints can be made anonymously and telephone complaints are accepted. The costs incurred by DHEC in investigating a complaint can be pursued against the violator. DHEC has moved away from enforcement of the Act , with public health departments assuming that role.
Violators of the Act are subject to civil penalties ranging from $100 to $500 for each violation. A second and third offense results in penalties of not less than $500 or more than $1,000. More egregious violations can result in penalties from $1,200 to $2,000 for the second offense, and at least $2,500 or more than $5,000 for the third offense, including mandatory community service. In one reported action, a bar/restaurant was ordered to pay $58,000 in damages and fines for violations of the Act during a five month period; Plaintiff’s attorney was awarded his fees and costs, including judicial, travel, and deposition costs.