Statewide Smoke-Free Air Law                                               

There have been important changes in the Wisconsin State Statutes regarding the prohibition of smoking in most public places and workplaces.  Wisconsin Act 12. §101.123 or the "statewide smoke-fee workplaces law" will become effective on July 5th at 12:01 m.  All workplaces including bars and restaurants need to go smoke-free at that time.  The law clearly outlines how to enforce this law:

• Remove all ashtrays and post clear signs
• Ask any smoking patrons to stop smoking or to step outside
• Refuse service to anyone who continues to smoke
• Call the police if a patron continued to smoke

"Persons in charge" or business owners can be fined $100 per day for violating this law.  A person in charge can't provide matches or ashtrays, must post adequate signage, ask any person violating the law to stop smoking, ask any person violating the law to leave, refuse service to any person violating the law in the case of restaurants, bars, and private clubs, and notify law enforcement if the person refuses to comply.  Individuals can be fined $100 to $250 per violation.  Local law enforcement, as designated by the Department of Justice, has ticket writing authority under this law.

Another important aspect of this law is where workplaces can allow smoking.  Smoking is prohibited in all enclosed work places and public places.  There are three important definitions which determine whether smoking is or is not allowed:

• Enclosed place is a structure or area that has a roof and two or more substantial walls
• Substantial wall is defined as "a wall with no opening (solid wall) or with an opening that either does not allow air in from the outside (wall with windows that are closed) or is less than 25 percent of the wall's surface (wall with at least 25% openings)."
• A reasonable distance, as determined by the establishment owner, must exist between smoking and non-smoking structures.  Outdoor smoking structures must be a reasonable distance from the front or main entrance of smoke-free establishments.

All enclosed work places must be smoke-free.  All smoking must occur outside of the workplace a reasonable distance from the smoke-free venue.

Smoking is prohibited in the following:

• All municipal buildings
• All restaurants and taverns
• All retail establishments
• Private clubs (any facility used by an organization that limits membership and is organized for recreational, social, political etc. purposes)
• Educational facilities
• Day care centers and outside of a day care center when children are present
• State institutions
• All bowling centers
• Common areas of multi-unit residential properties
• All other enclosed places other than listed above that are places of employment or public places

Click here for the state law factsheet                    Click here for Act 12, the Smoking Ban Law

Click here to download a sample sign                   Click here for FAQ's  

For more information, visit the website for Wisconsin Is Better Smoke Free