Background: This document is intended to explain the design and construction requirements imposed by the Nevada Clean Indoor Air Act for Stand-Alone Bars. This document is not intended to replace, but only to explain the statute noted above, and must not be considered a comprehensive evaluation of all the contents of the statute.
Facilities will not be required to remodel (may operate as non-smoking establishments), but will be assisted in compliance should they request such assistance. These projects will be handled as any other "remodel" project. If no "food" areas are to be disrupted, a Preliminary Plan Review will suffice for a design review.
Areas planned as smoking areas in Stand-Alone Bars must be:
- Located in a physically separate area (room or building) from a non-smoking area where food is to be served.
- The separation must be accomplished by closed doors, windows or walls that form a floor-to-ceiling barrier. Windows between the smoking and non-smoking areas must remain closed at all times, and doors must remain closed when not in use.
- Entrances must be separate, but vestibules with one outside door and separate interior entrances will be acceptable, provided it is compliant with (6) below.
- Kitchen access must be from the non-smoking side only. If the kitchen and bar are under the same ownership, the employees must not be required to traverse the smoking side in order to access the restroom.
- Restroom access for Patrons and employees from the non-smoking side must not traverse the smoking side, but common restrooms accessible from both sides are acceptable, provided the restrooms are non-smoking & provided it is compliant with (6) below.
- The law requires that smoke from a smoking area does not infiltrate into areas where smoking is prohibited under the provisions of the Act. This likely will require separate air-handling systems and may require vestibules for access doors between the smoking & non-smoking portions of a business, and / or positive pressurization on the non-smoking side of the house so that smoke-laden air does not move into non-smoking areas when the door is opened. An air balance certificate from an HVAC company, mechanical engineer, or Building Authority will be accepted as proof of positive pressurization.
- Outdoor smoking areas where food is served are acceptable, provided they are not enclosed so as to restrict air movement.
- Non-smoking signage must be posted at every entrance to a non-smoking area before approval of a permit on final inspection.
- Smoking paraphernalia such as ash trays may not be present in non-smoking venues.
- The gaming floors of casinos (must have an unrestricted gaming license), and strip clubs are exempt from this statute, i.e. may serve food & allow smoking.
- Smoking will not be permitted at all in Child care facilities; Movie theatres; Video arcades; Government buildings and public places; Malls and retail establishments; All areas of grocery stores; All indoor areas within restaurants; and all school grounds, including outside. Gaming areas of grocery stores are not exempt.
- Foods allowed to be served in a smoking Stand-Alone Bar include those non-PHF snacks that require no preparation other than the opening of a commercial-sealed prepackaged food such as peanuts, pretzels, popcorn, chips, that would be otherwise exempt from a separate health permit.
- Existing kitchen facilities at a stand-alone bar may be operated as a catering and/or delivery service, provided they are physically separated from the smoking establishment and otherwise meet items 1-9 as noted above. The owner/operator of a stand-alone bar or their agents may not serve food or cause the serving of food within a stand-alone bar.
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