The Montana Clean Indoor Air Act provides for a penalty when a business exposes the public to cigarette smoke.   The Department of Health and Human Services (DPHHS) has adopted rules for filing a complaint.  Enforcement is the responsibility of the local county health departments.  The process looks like this:

When a complaint is filed, the sanitarian or other local official does a call or visit and tries to assist the establishment with coming into compliance.  For example, having appropriate signage, working with smoke infiltration issues, minors present etc. Each time, the business owner is reminded that going smoke free would alleviate any problems with the law.  After 3 violations (complaints), the local officials send the complaints to the County Attorney’s office, who then has the responsibility of  assessing any fines etc, though the court system.

The State DPHHS  has worked with most of the local health departments and some guidance about the new law has been given to local sanitarians.  During routine health inspections of businesses, they should be looking for violations of the Clean Indoor Air Act.

For you to file a complaint, you should consider the following: (note that a more complete explanation of the law is here.)

1. Is there an obvious odor of cigarette smoke in a non-smoking area?
2. Are children under the age of 18 present (either as customers or employees) where smoke is present?
3. Are there signs clearly declaring the business as a smoking establishment?
4. Would this business qualify for an exception?  (that is they meet the 60% rule on income sources)

For a complaint form click here.