On October 1, 2005 over 90% of all public buildings and workplaces in Montana went smokefree. The remainder (some taverns and casinos) have an exception until September 30, 2009, when they also must be 100% smoke free. Briefly, in order to receive an exception a bar or casino must:

1. Receive 60% of their revenue from the sale of alcohol or gaming but not food.
2. No children can be in the business,  even temporarily.
3. The exempt bar or casino cannot pollute any adjacent business with their toxic smoke. They also cannot pollute any place or area where children are allowed.

What happens if a bar or casino violates any of the above bases for temporary exception?  Nothing if no one files a complaint.  (See here for instructions on filing a complaint). When a complaint is filed, the sanitarian or other local official makes a call or visit and tries to assist the establishment with coming into compliance with the law. 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 should send the complaints to the County Attorney’s office.

The Montana Clean Indoor Air Act is somewhat complicated.  This is due to opposing groups compromising on the language in return for a cease-fire in Montana’s battle over public use of tobacco.  For those of you interested in the Law itself, here is a LINK to the Montana Code. You can page forward and backward through the code from there.  You may also want to visit this site www.tobaccofree.mt.gov

The first section of the law is this:
Smoking in enclosed public places prohibited -- notice to public -- places where prohibition inapplicable. (1) Except as otherwise provided in this section, smoking in an enclosed public place is prohibited.(our emphasis)

Note that smoking in enclosed public places is prohibited. Exceptions:

a) until September 30, 2009, a certain type of bar or casino can allow smoking, provided that smoke does not infiltrate into areas where smoking is prohibited under this section;

This is, of course the "biggie".   What is a bar or casino?  Elsewhere in the law, they are defined as follows:  

(1) "Bar" means an establishment with a license issued pursuant to Title 16, chapter 4, that is devoted to serving alcoholic beverages for consumption by guests or patrons on the premises and in which the serving of  food is only incidental (our emphasis) to the service of alcoholic beverages or gambling operations, including but not limited to taverns, night clubs, cocktail lounges, and casinos.

(5) "Incidental to the service of alcoholic beverages or gambling operations" in order to be temporarily exempt, means at least 60% of the business's annual gross income must come from the sale of alcohol or gambling.  The Department of Health and Human Services has set up a process for a bar or casino to request a temporary exception under this provision of the law.

Now, EVEN IF a bar or casino meets the 60% requirement, the business may not necessarily qualify for an exception.  Look at this section of the law:

(4) The proprietor or manager of a business licensed under 23-5-611(1)(a) or (1)(c) may not allow any member of the public who is under 18 years of age to be present in any area of the establishment in which smoking is permitted.   (our emphasis)

This means kids can't go where smoke goes and the toxic smoke cannot go to where the kids are.  This seems very clear.  A business must choose.  If they wish to have family dining and gambling, they have to be non-smoking.  However, many businesses believe that creating a wall or barrier between the smoking part of the business and the smoking area of the business is sufficient. This brings us to one more restriction on granting an exception to a business.

(a) until September 30, 2009, bars and casinos who satisfy the 60% rule and the under eighteen rule must also provide that smoke from the the exempt business does not infiltrate into areas where smoking is prohibited;

So this again means, separation between any smoking area in a building and non-smoking area needs to be sufficiently strong to prevent infiltration from a smoking area to the non-smoking area (i.e. a hotel hallway, an adjacent business, jointly used bathrooms). We know that preventing infiltration from one part of a building to another is very difficult.   If you can clearly smell cigarette smoke in a section of a building where smoking is prohibited, our suggestion would be to:  file a complaint against the business FROM WHICH the smoke is infiltrating. Click HERE for more information about filing a complaint.

There are additional provisions in the law.  For example, schools are treated specially.  No tobacco products are allowed anywhere on any campus at any time . This Tobacco Free Schools section of the law pertains to adults as well as students.  You cannot chew, smoke or use tobacco in any way on any school property. The only exception is where health education classes may display tobacco during lectures teaching the hazards of tobacco use. Also, the federal religious freedom act provides for exceptions for ceremonial tobacco.

Personal residences are exempt from the smoking prohibition UNLESS they are used for adult or child foster/day care or in any capacity as a health facility or for a home business regularly visited by the public.  If your personal residence is used in this manner, then smoking is prohibited.  You may smoke in your personal vehicle, but not your company vehicle.  

Lastly, all buildings occupied by local, state or federal employees must be smoke free by July 1 2006. This means that if your city/county government leases a building, then that building must be smoke free by this July.

Hotels and motels may have up to 35% of their rooms as DESIGNATED smoking rooms, but all areas visited by the public must be smoke free at all times.