Last updated: January 13, 2020

Duties / Penalties

Duty Imposed Upon Business Owners / Employers / Supervisors
Duty Imposed
Sanction(s)

Post signs

No
None
Analysis

There is no duty imposed upon business owners, employers, or supervisors to post signs indicating that smoking is prohibited on the premises, where applicable.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should impose a duty upon the owner, manager, or other person in charge of the premises to post clear signs at entrances and other appropriate locations indicating that smoking is not permitted.

Remove ashtrays

No
None
Analysis

There is no duty imposed upon business owners, employers, or supervisors to remove ashtrays from the premises.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should impose a duty upon the owner, manager, or other person in charge of the premises to remove ashtrays from the premises.

Steps to require a person to stop smoking (e.g., warn, discontinue service, call authorities)

Uncertain
Business License suspension or revocation
Analysis

The law does not specifically impose upon business owners, employers, or supervisors a duty to take steps to require a person to stop smoking. The law does prohibit smoking, and provides that any infringement of the provisions of this Law may give rise to the provisional or definitive closing of the establishment, as well as the suspension or revocation of the operating license. However, it’s uncertain whether business owners would be subject to the penalties under this provision and have a responsibility to proactively prohibit others from smoking. Additionally, the implementing decree has not yet been issued, and the decree may provide more information about duties and penalties.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should impose a duty on a business owner, employer, or supervisor to take such steps.

Duty Imposed Upon Smokers
Duty Imposed
Sanction(s)

Not to smoke where prohibited

No
None
Analysis

The law does not specifically impose a duty on smokers to stop smoking. However, the implementing decree has not yet been issued, and the decree may provide more information about duties and penalties.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should impose a duty on smokers not to smoke where prohibited.