GASP of Colorado (Group to Alleviate Smoking Pollution)
Ordinance Grade: 1
Some local laws have provisions that are stronger than the Colorado Clean Indoor Air Act and provide better protection from exposure to secondhand smoke at work and in public places. GASP of Colorado rates local laws compared to the state law on a scale of zero to five. The highest and best rating is a five (click here for an explanation of our rating system). Any stronger provisions in the state law take precedence over any weaker local provisions so the state law should be reviewed first through these links: smokefreecolorado.org or gaspforair.org.
This law is generally weaker than the state law.
This Article seeks to protect nonsmokers from involuntary exposure to environmental tobacco smoke
in most indoor areas open to the public, public meetings, food service establishments and places of
employment. The purpose of such smoking restrictions is to preserve and improve the health, comfort
and environment of the citizens of the City by limiting exposure to tobacco smoke. (Ord. 22 ¤2, 2006)
Sec. 10-12-20. Definitions.
For the purposes of this Article, the following words shall have the meanings ascribed hereunder:
Auditorium means the part of a public building where an audience gathers to attend a performance
and includes any corridors, hallways or lobbies adjacent thereto.
Bar means any indoor area that is operated and licensed under Article 47 of Title 12, C.R.S.,
primarily for the sale and service of alcohol beverages for on-premises consumption and where the
service of food is secondary to the consumption of such beverages.
Cigar-tobacco bar means a bar that, in the calendar year ending December 31, 2005, generated at
least five percent (5%) or more of its total annual gross income, or fifty thousand dollars ($50,000.00)
in annual sales, from the on-site sale of tobacco products and the rental of on-site humidors, not
including any sales from vending machines. In any calendar year after December 31, 2005, a bar that
fails to generate at least five percent (5%) of its total annual gross income, or fifty thousand dollars
($50,000.00) in annual sales, from the on-site sale of tobacco products and the rental of on-site
humidors shall not be defined as a cigar-tobacco bar and shall not thereafter be included in the
definition regardless of sales figures.
a. Means any person who:
1. Performs any type of work for the benefit of another in consideration of direct or indirect
wages or profit; or
2. Provides uncompensated work or services to a business or nonprofit entity.
10-53 b. Includes every person described in Subparagraph a. above, regardless of whether such
person is referred to as an "employee," "contractor," "independent contractor" or "volunteer," or by
any other designation or title.
Employer means any person, partnership, association, corporation or nonprofit entity that employs
one (1) or more persons. Employer includes, without limitation, the legislative, executive and judicial
branches of state government; any county, city and county, city or town, or instrumentality thereof, or
any other political subdivision of the State, special district, authority, commission or agency; or any
other separate corporate instrumentality or unit of state or local government.
Entryway means the outside of the front or main doorway leading into a building or facility that is
not exempted under Section 10-12-50 of this Code. Entryway also includes the area of public or
private property within the specified radius of fifteen (15) feet outside of the doorway.
Environmental tobacco smoke, ETS or secondhand smoke means the complex mixture formed from
the escaping smoke of a burning tobacco product, also known as "sidestream smoke," and smoke
exhaled by the smoker.
Food service establishment means any indoor area or portion thereof in which the principal
business is the sale of food for on-premises consumption. The term includes, without limitation,
restaurants, cafeterias, coffee shops, diners, sandwich shops and short-order cafes.
Indoor area means any enclosed area or portion thereof. The opening of windows or doors or the
temporary removal of wall panels does not convert an indoor area into an outdoor area.
Place of employment means any indoor area or portion thereof under the control of an employer in
which employees of the employer perform services for or on behalf of the employer.
Public building means any building owned or operated by:
a. The State, including the legislative, executive and judicial branches of state government;
b. Any county, city and county, city or town, or instrumentality thereof, or any other political
subdivision of the State, a special district, an authority, a commission or an agency; or
c. Any other separate corporate instrumentality or unit of state or local government.
Public meeting means any meeting open to the public pursuant to Part 4 of Article 6 of Title 24,
C.R.S., or any other Colorado law.
Smoke-free work area means an indoor area in a place of employment where smoking is prohibited
under this Article.
Smoking means the burning of a lighted cigarette, cigar, pipe or any other matter or substance that
Tobacco means cigarettes, cigars, cheroots, stogies and periques; granulated, plug-cut, crimp-cut,
ready-rubbed and other smoking tobacco; snuff and snuff flour; cavendish; plug and twist tobacco;
fine-cut and other chewing tobacco; shorts, refuse scraps, clippings, cuttings and sweepings of
10-54 tobacco; and other kinds and forms of tobacco, prepared in such manner as to be suitable for chewing
or for smoking in a cigarette, pipe or otherwise, or both for chewing and smoking. Tobacco also
includes cloves and any other plant matter or product that is packaged for smoking.
Tobacco business means a sole proprietorship, corporation, partnership or other enterprise engaged
primarily in the sale, manufacture or promotion of tobacco, tobacco products or smoking devices or
accessories, either at wholesale or retail, and in which the sale, manufacture or promotion of other
products is merely incidental.
Work area means an area in a place of employment where one (1) or more employees are routinely
assigned and perform services for or on behalf of their employer. (Ord. 22 ¤2, 2006)
Sec. 10-12-30. General smoking restrictions.
(a) Except as provided in Section 10-12-40 below, and in order to reduce the levels of exposure to
environmental tobacco smoke, smoking shall not be permitted and no person shall smoke in any indoor
area, including but not limited to:
(1) Public meeting places.
(3) Government-owned or -operated means of mass transportation, including but not limited to
buses, vans and trains.
(4) Taxicabs and limousines.
(5) Grocery stores.
(7) Jury waiting and deliberation rooms.
(9) Child day care facilities.
(10) Health care facilities, including hospitals, health care clinics, doctors' offices and other health
(11) Places of employment as follows:
a. Any place of employment that is not exempted.
b. In the case of employers who own facilities otherwise exempted from this Section, each such
employer shall provide a smoke-free work area for each employee requesting not to have to breathe
environmental tobacco smoke. Every employee shall have a right to work in an area free of
environmental tobacco smoke.
10-55 (12) Food service establishments.
(14) Limited gaming facilities and any other facilities in which any gaming or gambling activity is
(15) Indoor sports arenas.
(16) Restrooms, lobbies, hallways and other common areas in public and private buildings,
condominiums and other multiple-unit residential facilities.
(17) Restrooms, lobbies, hallways and other common areas in hotels and motels, and in at least
seventy-five percent (75%) of the sleeping quarters within a hotel or motel that are rented to guests.
(18) Bowling alleys.
(19) Billiard or pool halls.
(20) Facilities in which games of chance are conducted.
(21) Common areas of retirement facilities, publicly owned housing facilities and nursing homes,
not including any resident's private residential quarters.
(22) Public buildings.
(27) To the extent not otherwise provided in Section 25-14-103.5, C.R.S., public and nonpublic
(28) Other educational and vocational institutions.
(29) Entryways of all buildings and facilities listed in this Section.
(b) A cigar-tobacco bar shall not expand its size or change its location from the size and location in
which it existed as of December 31, 2006. A cigar-tobacco bar shall display signage in at least one (1)
conspicuous place and of at least four (4) inches by six (6) inches in size, stating:
"Smoking Allowed. Children under eighteen years of age must be accompanied by a parent or
(Ord. 22 ¤2, 2006)
10-56 Sec. 10-12-40. Exceptions to smoking restrictions.
This Article shall not apply to:
(1) Private homes, private residences and private automobiles; except that Chapter 10, Article XII
shall apply if any such home, residence or vehicle is being used for child care or day care or if a
private vehicle is being used for the public transportation of children or as part of health care or day
(2) Limousines under private hire;
(3) A hotel or motel room rented to one (1) or more guests if the total percentage of such hotel or
motel does not exceed twenty-five percent (25%);
(4) Any retail tobacco business;
(5) A cigar-tobacco bar;
(6) An airport smoking concession;
(7) The outdoor area of any business;
(8) A place of employment that is not open to the public and that is under the control of an
employer that employs three (3) or fewer employees;
(9) A private, nonresidential building on a farm or ranch, as defined in Section 39-1-102, C.R.S.,
that has annual gross income of less than five hundred thousand dollars ($500,000.00); or
(10) The retail floor plan, as defined in Section 12-47.1-509, C.R.S., of a licensed casino. (Ord.
22 ¤2, 2006)
Sec. 10-12-50. Optional prohibitions.
(a) The owner or manager of any place not specifically listed in Section 10-12-30 of this Article,
including a place otherwise exempted under Section 10-12-40, may post signs prohibiting smoking or
providing smoking and nonsmoking areas. Such posting shall have the effect of including such place, or
the designated nonsmoking portion thereof, in the places where smoking is prohibited or restricted
pursuant to this Article.
(b) If the owner or manager of a place not specifically listed in Section 10-12-30 of this Article,
including a place otherwise exempted under Section 10-12-40, is an employer and receives a request from
an employee to create a smoke-free work area as contemplated by Subparagraph 10-12-30(a)(11)b., the
owner or manager shall post a sign in the smoke-free work area as provided in Subsection (a) above.
(Ord. 22 ¤2, 2006)
Sec. 10-12-60. Unlawful acts; penalty.
(a) It is unlawful for a person who owns, manages, operates or otherwise controls the use of a
premises subject to this Article to violate any provision of this Article.
(b) It is unlawful for a person to smoke in an area where smoking is prohibited pursuant to this
(c) Upon conviction, a person who violates this Article shall be punished by a fine not to exceed two
hundred dollars ($200.00) for a first violation within a calendar year, a fine not to exceed three hundred
dollars ($300.00) for a second violation within a calendar year and a fine not to exceed five hundred
dollars ($500.00) for each additional violation within a calendar year. Each day of a continuing violation
shall be deemed a separate violation. (Ord. 22 ¤2, 2006)
Sec. 10-12-70. Severability.
If any provision of this Article or the application thereof to any person or circumstance is held invalid,
such invalidity shall not affect other provisions or applications of this Article that can be given effect
without the invalid provision or applications, and to this end the provisions of this Article are declared to
be severable. (Ord. 22 ¤2, 2006)