Bars and the Nevada Clean Indoor Air Act
Updated to include changes from AB 571
This webpage is intended to explain the design and construction requirements imposed by the Nevada Clean Indoor Air Act for Stand-Alone Bars. It is not intended to replace the regulation or law, and must not be considered a comprehensive evaluation of all the contents of the statute.
Regulations Governing the Sanitation of Food Establishments, Chapter 4, Section 4-103(b), subparagraphs 2 & 5, which contains restrictions imposed by the NCIAA prior to AB 571 but not after, will not be enforced.
Facilities will not be required to remodel (may operate as non-smoking establishments accessible to minors), but will be required to have plans submitted and approved if an existing establishment wishes to remodel to create physically separate smoking and non-smoking venues under the same roof.
Areas planned as smoking areas in Stand-Alone Bar, Taverns or Saloons must be:
- Located in a physically separate area (room or building) from a non-smoking area.
- 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.
- A smoking tavern, bar, or saloon may be housed in a completely enclosed area within a non-smoking saloon, tavern, supper club, etc, into which patrons under 21 years of age are prohibited from entering. Such an area must be visually designated as prohibiting access by minors per Clark County Code 8.20.020.31, 8.20.020.330, and other similar municipal codes. A smoking bar, tavern, or saloon so restricted, separated and isolated may serve foods without restriction provided they are properly permitted to do so (e.g. possess a permitted kitchen).
- Restroom access for patrons from the non-smoking areas 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 proper air balance.
- 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.
- Bars on gaming floors of casinos (unrestricted gaming license), strip clubs, and retail tobacco stores are exempt from this statute.
- Smoking is not permitted in child care facilities; movie theatres; video arcades; government buildings and public places; Malls and retail establishments; All areas of grocery stores, including convenience stores; All indoor areas within restaurants; and all school grounds, including outside. Gaming areas of grocery and convenience stores are not exempt.
Phone: (702) 759-1258
Updated on: July 11, 2021