AS Title 18, Chapter 35: Public Accommodations and Facilities

Article 1. Tourist and Trailer Camps, Motor Courts, and Motels. Chapter 35. Public Accommodations and Facilities. Sec. 18.35.010. Purpose. The purpose of AS 18.35.010 — 18.35.090 is to establish and maintain minimum standards of health and sanitation in tourist camps, trailer camps, motor courts, and motels necessary and desirable for the protection of the public health and welfare. Sec. 18.35.020. Administration of laws and regulations. The department has jurisdiction over the health and sanitary conditions of tourist accommodations under AS 18.35.010 — 18.35.090. Sec. 18.35.030. Regulations. (a) The department may adopt and enforce regulations that relate to health and sanitation in the construction, operation, and maintenance of the accommodations including but not limited to minimum standards for water supply, sewage and refuse disposal, laundry, bathing and toilet facilities, communicable disease control, general cleanliness and safety, that are necessary or desirable for the protection of public health. (b) The provisions of AS 18.35.010 — 18.35.090 do not prohibit the health authorities of a municipality from instituting local programs for health and sanitary control of tourist accommodations, including the enactment of ordinances for issuance and revocation of permits and additional regulations. However, the ordinance or regulation may not detract from the provisions of AS 18.35.010 — 18.35.090 or the regulations under these sections. Secs. 18.35.040 , 18.35.050. Permits; penalty for noncompliance with permit requirement. [Repealed, § 2 ch 107 SLA 2006.] Sec. 18.35.060. Unlawful disposal of wastes. A person may not dispose of human excreta, garbage, or refuse on or near a public way or thoroughfare or on or near a tourist accommodation except in the use of appropriate facilities. Sec. 18.35.070. Posting laws and regulations. [Repealed, § 2 ch 107 SLA 2006.] Sec. 18.35.080. Penalty for noncompliance. A person who fails to comply with AS 18.35.010 — 18.35.090 or the regulations adopted under those sections, upon conviction, is punishable by a fine of not more than $100, or by imprisonment in a jail for not more than 30 days, or both. Sec. 18.35.090. Definitions. In AS 18.35.010 — 18.35.090, (1) “department” means the Department of Environmental Conservation; (2) “tourist accommodations” means a place maintained or held out to the public for purposes of abode, whether occupied by transient or permanent guests, whether equipped with tents, tent houses, cottages, automobile trailers, coaches, motor courts, or motels, and regardless of whether benefit accrues to the owner or operator. Article 2. Public Restrooms. Sec. 18.35.100. Toilet facilities required in restaurants and taverns. (a) [Repealed, § 45 ch 59 SLA 1982.] (b) An owner of a restaurant or tavern shall provide and maintain sanitary toilet accommodations for public use. Sec. 18.35.110. Penalty for violations of AS 18.35.100 . (a) A person who fails to comply with AS 18.35.100 is guilty of a misdemeanor and upon conviction is punishable by a fine of not more than $500. Each operating restaurant or tavern in violation constitutes a separate offense. (b) In addition to the penalty provided in (a) of this section, the court shall require the person to comply with AS 18.35.100 within a reasonable period of time. Sec. 18.35.120. Enforcement of AS 18.35.100 . The department shall adopt regulations to implement and enforce AS 18.35.100 by appropriate means. The regulations must set standards of sanitation and must provide for, but need not be limited to, periodic inspections. However, the regulations may not require a restaurant or tavern to have more than one toilet accommodation. Sec. 18.35.200. Free toilet facilities required for public facilities and special events. An owner of public facilities or sponsor of special events open to the general public shall, where practical, provide and maintain at the facilities or events sanitary toilet accommodations for public use whether the facilities or events are permanent or temporary. A charge may not be required for use of a toilet facility in any public place. Sec. 18.35.210. Penalty for violation of AS 18.35.200 . A person who fails to comply with AS 18.35.200 is guilty of a misdemeanor and upon conviction is punishable by a fine of not more than $500. Each day of operation is a separate offense. Sec. 18.35.220. Enforcement of AS 18.35.200 . The department shall adopt regulations to implement and enforce AS 18.35.200 by appropriate means, including but not limited to periodic inspections. Sec. 18.35.230. Definitions. In AS 18.35.100 — 18.35.230, (1) “department” means the Department of Environmental Conservation; (2) “public facilities” means recreation camps, picnic areas, theaters, places of entertainment, churches, fair buildings, and places with permanent facilities for public use; (3) “restaurant” means a place maintained or held out to the public for purposes of sale and on-premise consumption of food or beverages; (4) “special events” means events involving public gathering and includes athletic and sporting events where the public congregates, including but not be limited to dog sled racing, horse racing, snowmobile races, skiing events, salmon derbies, and other activities; (5) “tavern” means a place maintained or held out to the public for purposes of sale and on-premise consumption of alcoholic beverages; (6) “toilet accommodations” means a facility available to the public consisting of an approved flush-type commode, urinal, privy, self-contained privy, or any other device approved by the department for containment and disposal of human wastes, and shall include lavatory facilities where practical. Article 3. Prohibition of Smoking. Sec. 18.35.300. Places where smoking is regulated. Sec. 18.35.301. Prohibition of smoking. (a) An individual may not smoke in an enclosed area in a public place, including an enclosed area (1) at an entertainment venue or a sports arena; (2) on a bus, in a taxicab, on a ferry, or in another vehicle used for public transportation; (3) at a public transit depot, bus shelter, airport terminal, or other public transportation facility; (4) at a retail store or shopping center; (5) at a place of government or public assembly located on property that is owned or operated by the state, a municipality, or a regional educational attendance area, or by an agent of the state, a municipality, or a regional educational attendance area. (b) An individual may not smoke in an enclosed area (1) in an office building, office, hotel, motel, restaurant, bar, retail store, or shopping center; (2) in a common area in an apartment building or multiple-family dwelling; (3) in a place of employment, including a vehicle; (4) at a public or private educational facility; (5) at a health care facility, including residential units in the health care facility; (6) in a building or residence that is used to provide paid child care, whether or not children are present in the building or residence, or care for adults on a fee-for-service basis; however, nothing in this paragraph is intended to prohibit an individual from smoking in a private residence that is in a building where another residence provides paid child care or care for adults; (7) on a vessel operating as a shore-based fisheries business under AS 43.75 . (c) An individual may not smoke outdoors (1) within 10 feet of playground equipment located at a public or private school or a state or municipal park while children are present; (2) in a seating area for an outdoor arena, stadium, or amphitheater; (3) at a place of employment or health care facility that has declared the entire campus or outside grounds or property to be smoke-free; (4) within (A) 10 feet of an entrance to a bar or restaurant that serves alcoholic beverages; (B) 20 feet of an entrance, open window, or heating or ventilation system air intake vent at an enclosed area at a place where smoking is prohibited under this section; or (C) a reasonable distance, as determined by the owner or operator, of an entrance, open window, or heating or ventilation system air intake vent of (i) a vessel covered by this section; or (ii) a long term care facility as defined in AS 44.25.390 . (d) Notwithstanding (a) and (b) of this section, unless the owner or operator prohibits it, an individual may smoke at a retail tobacco or e-cigarette store that (1) is in a building that (A) is freestanding; or (B) if it is attached to another business or building, (i) has a separate entrance; (ii) is separated from the other business or building in a manner that does not allow e-cigarette vapor or aerosol to travel into the other business or building; (iii) the other business or building does not serve as a residence, child care facility, facility providing care for adults on a fee-for-service basis, school, or health care facility; and (iv) smoking is limited to the use of an e-cigarette; (2) is not (A) a business that is licensed under AS 04.11 to serve alcoholic beverages at an outdoor location; (B) a business that is licensed under AS 05.15 to sell pull-tabs; or (C) a retail store that is within an indoor public place or workplace. (e) Notwithstanding (a) and (b) of this section, smoking may be permitted in a separate enclosed smoking area located in a terminal for international passengers who are in transit in a state-owned and state-operated international airport and who are restricted by federal law from leaving the airport, if the smoking area is vented directly to an outdoor area that is not an area where smoking is prohibited under (c) of this section. (f) Notwithstanding (b) of this section, unless the owner or operator prohibits it, an individual may smoke (1) in a vehicle that is a place of employment when the vehicle is used exclusively by one person; (2) on a vessel when the vessel is engaged in commercial fishing or sport charter fishing. (g) Notwithstanding (a) and (b) of this section, an individual may smoke at (1) a private club if the private club (A) has been in continuous operation at the same location since January 1, 2017; (B) is not licensed to serve alcoholic beverages; and (C) is not a place of employment; (2) an e-cigarette store if the e-cigarette store has been in continuous operation at the same location since January 1, 2017. (h) Nothing in this section prohibits an individual from smoking (1) at a private residence, except a private residence described in (b) of this section or while a health care provider is present; (2) in a stand-alone shelter if the stand-alone shelter meets the following requirements: (A) food or drink may not be sold or served in the stand-alone shelter; and (B) the stand-alone shelter meets the minimum distance requirements of (c) of this section; or (3) in an establishment licensed under AS 17.38 that is freestanding if the smoking is in accordance with regulations adopted by the Marijuana Control Board created under AS 17.38.080 . (i) In this section, (1) “freestanding” means a building that is not supported by another structure and does not share ventilation or internal air space with an adjoining structure and smoke from the building cannot travel into the adjoining structure; (2) “health care provider” has the meaning given in AS 09.65.300 ; (3) “private club” means an organization, legal entity, or informal association of persons that (A) is the owner, lessee, or occupant of a building or portion of a building used exclusively for club purposes at all times; (B) is operated solely for a recreational, fraternal, social, patriotic, political, benevolent, or athletic purpose; and (C) has been granted exemption from the payment of federal income tax as a club under 26 U.S.C. 501; (4) “retail tobacco or e-cigarette store” (A) means a store (i) that primarily sells cigarettes, e-cigarettes, cigars, tobacco and products containing tobacco, and pipes and other smoking or e-cigarette accessories; (ii) in which the sale of other products is incidental; and (iii) that derives at least 90 percent of its gross revenue from the sale of cigarettes, e-cigarettes, cigars, tobacco and products containing tobacco, and pipes and other smoking or e-cigarette accessories; (B) does not include (i) a tobacco or e-cigarette department or section of a business that does not meet the criteria in (A) of this paragraph; or (ii) a business that is also a restaurant or grocery store. Sec. 18.35.305. Places where smoking is prohibited. Sec. 18.35.306. Notice of prohibition. (a) A person who is in charge of a place or vehicle where smoking is prohibited under AS 18.35.301 shall conspicuously display in the place or vehicle a sign that (1) reads “Smoking Prohibited by Law—Fine $50”; (2) includes the international symbol for no smoking; or (3) includes the words “No Puffin” with a pictorial representation of a puffin holding a burning cigarette enclosed in a red circle crossed with a red bar. (b) A person in charge of a building at which smoking is prohibited within a specific distance from the entrance of the building under AS 18.35.301 (c)(4) shall conspicuously display a sign that reads “Smoking within (number of feet) Feet of Entrance Prohibited by Law—Fine $50” visible from the outside of each entrance to the building. (c) The department shall furnish signs required under this section to a person who requests them with the intention of displaying them. Sec. 18.35.310. Exemptions. Sec. 18.35.311. Duty of employers and building managers. (a) An employer may not permit an employee, customer, or other person to smoke inside an enclosed area at a place of employment. (b) The owner, operator, manager, or other person who manages a building or other place where smoking is prohibited under AS 18.35.301 may not provide ashtrays or other smoking accessories for use in that building or place. (c) An employer may not require an employee, customer, or other person to enter a stand-alone shelter as defined in AS 18.35.301 (h) for a purpose other than smoking. Sec. 18.35.316. Powers and duties of the commissioner. (a) The commissioner (1) shall administer and enforce the requirements of AS 18.35.301 — 18.35.399; (2) may adopt regulations under AS 44.62 (Administrative Procedure Act) necessary to carry out the duties under this section. (b) In addition to other powers granted the commissioner under AS 18.35.301 — 18.35.399, the commissioner may delegate to another agency the authority to implement and enforce one or more provisions of AS 18.35.301 — 18.35.399. Sec. 18.35.320. Designation of smoking sections. Sec. 18.35.321. Public education. (a) The commissioner shall ensure that employers, property owners, property operators, and other members of the public are provided ongoing access to (1) a program of education regarding the requirements in AS 18.35.301 — 18.35.399; (2) an electronically published printable brochure that summarizes the requirements in AS 18.35.301 — 18.35.399. (b) The program of education under (a) of this section may be provided in combination with the comprehensive smoking education, tobacco use prevention, and tobacco control program established in AS 44.29.020 (a)(12). Sec. 18.35.326. Nonretaliation. (a) An employer may not discharge or in any other manner retaliate against an employee because the employee cooperates with or initiates enforcement of a requirement in AS 18.35.301 — 18.35.399. (b) The owner or operator of a vehicle or other place that is subject to a requirement in AS 18.35.301 — 18.35.399 may not retaliate against a customer or other member of the public for cooperating with or initiating enforcement of a requirement in AS 18.35.301 — 18.35.399. Sec. 18.35.330. Display of smoking and no smoking signs. Sec. 18.35.331. Conflicts with local requirements. Nothing in AS 18.35.301 — 18.35.399 prohibits a municipality from adopting an ordinance imposing additional (1) limitations on smoking; (2) duties on employers, owners, operators, and other persons who are subject to the requirements of AS 18.35.306 or 18.35.311 related to smoking; or (3) limitations on smoking in an outdoor area at a municipal park designated as a children's playground. Sec. 18.35.340. Civil complaints; penalties. (a) The commissioner shall develop and maintain a procedure for processing reports of violations of AS 18.35.301 , 18.35.306, 18.35.311, and 18.35.326. (b) If, after investigating a report made under this section, the commissioner determines that a violation has occurred, (1) the commissioner may file a civil complaint in the district court to enforce the provisions of AS 18.35.301 — 18.35.399; or (2) an employee of the department designated by the commissioner to enforce the provisions of AS 18.35.301 — 18.35.399 may issue a citation under AS 18.35.341 (b). If an employee of the department issues a citation, the violation shall be processed and disposed of under AS 18.35.341 . (c) A person who violates AS 18.35.301 and against whom the commissioner has filed a civil complaint under this section is punishable by a civil fine of $50. A person who violates AS 18.35.306 or 18.35.311 and against whom the commissioner has filed a civil complaint under this section is punishable by a civil fine of not less than $50 nor more than $300. Each day a violation of AS 18.35.306 or 18.35.311 continues after a civil complaint for the violation has been filed and served on the defendant constitutes a separate violation. A person who violates AS 18.35.326 and against whom the commissioner has filed a civil complaint under this section is punishable by a civil fine of not more than $500. (d) The department may provide for the payment of civil fines under this section by mail. Sec. 18.35.341. Citations; penalty. (a) A peace officer may issue a citation for a violation of AS 18.35.301 , 18.35.311, or 18.35.326 committed in the officer's presence or for a violation of AS 18.35.306 . The provisions of AS 12.25.175 — 12.25.230 apply to the issuance of a citation under this subsection. (b) An employee of the department designated by the commissioner to enforce the provisions of AS 18.35.301 — 18.35.399 may issue a citation for a violation of AS 18.35.301 , 18.35.306, 18.35.311, or 18.35.326 regardless of whether the violation was committed in the employee's presence. A citation issued under this subsection shall be in the same form and shall be processed in the same manner as a citation issued by a peace officer under (a) of this section. An employee of the department may not arrest a person for a violation of AS 18.35.301 , 18.35.306, 18.35.311, or 18.35.326. (c) A person who violates AS 18.35.301 , 18.35.306, 18.35.311, or 18.35.326 is guilty of a violation as defined in AS 11.81.900 (b) and upon conviction is punishable by a fine of $50 for a violation of AS 18.35.301 , by a fine of not less than $50 nor more than $300 for a violation of AS 18.35.306 or 18.35.311, and by a fine of not more than $500 for a violation of AS 18.35.326 . Each day a violation of AS 18.35.306 or 18.35.311 continues after a citation for the violation has been issued constitutes a separate violation. (d) The supreme court shall establish a schedule of bail amounts for violations of AS 18.35.301 , 18.35.306, 18.35.311, and 18.35.326, but in no event may the bail amount exceed the maximum fine that may be imposed for the violation under (c) of this section. The bail amount for a violation must appear on the citation. (e) If a person cited for a violation under this section does not contest the citation, the person may, on or before the 30th day after the date of the citation, mail or personally deliver to the clerk of the court in which the citation is filed (1) the amount of bail indicated on the citation for that violation; and (2) a copy of the citation indicating that the right to an appearance is waived, a plea of no contest is entered, and the bail is forfeited. (f) When bail has been forfeited under (e) of this section, a judgment of conviction shall be entered. Forfeiture of bail is a complete satisfaction for the violation. The clerk of the court accepting the bail shall provide the violator with a receipt stating that fact if requested. (g) A person cited under this section is guilty of failure to obey a citation under AS 12.25.230 if the person fails to pay the bail amount established under (d) of this section or fails to appear in court as required. Sec. 18.35.342. Multiple fines prohibited. A person may not be fined more than once for each violation of AS 18.35.301 , 18.35.306, 18.35.311, or 18.35.326. Sec. 18.35.343. Injunctions. The commissioner or any affected party may institute an action in the superior court to enjoin repeated violations of AS 18.35.301 , 18.35.306, 18.35.311, or 18.35.326. Sec. 18.35.350. Enforcement authority. The commissioner or the commissioner's designee is responsible for enforcing the provisions of AS 18.35.301 — 18.35.399. This section does not limit the authority of peace officers. Sec. 18.35.355. Public education. Sec. 18.35.357. Municipal regulation. A municipality may, by ordinance ratified by voters in a regular municipal election, exempt the municipality from the provisions of AS 18.35.301 — 18.35.350. Unless the municipality has adopted an ordinance banning smoking in certain public places, if a municipality exempts itself from the provisions of AS 18.35.301 — 18.35.350, former AS 18.35.300 — 18.35.365 apply in the municipality as those statutes provided on September 30, 2018. Sec. 18.35.359. Local option election by an established village. (a) If a majority of the voters voting on the question vote to approve the option, AS 18.35.301 — 18.35.350 do not apply within the boundaries of the established village and former AS 18.35.300 — 18.35.365 apply in the village as those statutes provided on September 30, 2018. (b) A ballot question to adopt a local option under this section must at least contain language substantially similar to the following: “Shall (name of village) adopt a local option not to comply with AS 18.35.301 — 18.35.350, relating to smoking in certain public places? (yes or no).” (c) If a majority of the voters voting on the question vote to remove the option, an established village shall remove a local option previously adopted under (a) of this section. The option is repealed effective the first day of the month following certification of the results of the election. (d) A ballot question to remove a local option under (c) of this section must at least contain language substantially similar to the following: “Shall (name of village) remove the local option currently in effect, that permits smoking in certain public places, so that there is no longer any local option in effect? (yes or no).” (e) An election to adopt a local option under (a) of this section or remove a local option under (c) of this section shall be conducted as required in this section. (f) Upon receiving a petition of 35 percent or more of the registered voters residing within an established village, the lieutenant governor shall place on a separate ballot at a special election the local option or removal of a local option that constitutes the subject of the petition. The lieutenant governor shall conduct the election under AS 15 . (g) An election under (f) of this section to remove a local option may not be conducted during the first 24 months after the local option was adopted or more than once in a 36-month period. (h) After a petition has been certified as sufficient to meet the requirements of (f) of this section, another petition may not be filed or certified until after the question presented in the first petition has been voted on. (i) Except as provided under (j) and (k) of this section, for purposes of this section, the perimeter of an established village is a circle around the established village that includes an area within a five-mile radius of the post office of the established village. If the established village does not have a post office, the perimeter of an established village is a circle around the established village that includes an area within a five-mile radius of another site selected by the local governing body or by the department if the established village does not have a local governing body. (j) If the perimeter of an established village determined under (i) of this section includes an area that is within the perimeter of another established village, and the other established village has not adopted a local option under (a) of this section, the local option does not apply in the overlapping area. (k) If the department determines that the perimeter of an established village determined under (i) of this section does not accurately reflect the perimeter of the established village, the department may establish the perimeter of the established village and the overlapping areas described under (j) of this section for purposes of applying a local option selected under this section. (l) If a majority of the voters vote to adopt a local option under (a) of this section or remove a local option under (c) of this section, the lieutenant governor shall notify the department of the results of the election immediately after the results are certified. The department shall immediately notify the Department of Law and the Department of Public Safety of the results of the election. Sec. 18.35.360. Regulations. [Repealed, § 10 ch 34 SLA 1984.] Sec. 18.35.365. Definitions. Sec. 18.35.399. Definitions. In AS 18.35.301 — 18.35.399, (1) “business” means a for-profit or nonprofit sole proprietorship, partnership, joint venture, corporation, professional corporation, private club, retail seller of goods or services, or other business entity; (2) “commissioner” means the commissioner of health or the commissioner's designee; (3) “department” means the Department of Health; (4) “e-cigarette” means any product containing or delivering nicotine or any other substance intended for human consumption that can be used by a person through inhalation of vapor or aerosol from the product, of any size or shape, whether the product is manufactured, distributed, marketed, or sold as an e-cigarette, e-cigar, e-pipe, e-hookah, vape pen, or any other product name or descriptor; “e-cigarette” does not include drugs, devices, or combination products authorized for sale by the United States Food and Drug Administration as those terms are defined in 21 U.S.C. 301 — 392 (Food, Drug, and Cosmetic Act), unless the use of those products simulate smoking or expose others to vapor or aerosol; (5) “employee” means a person who is employed by a business for compensation or works for a business as a volunteer without compensation; (6) “employer” means the state, a municipality, a regional educational attendance area, and a person or a business with one or more employees; (7) “enclosed area” means space between a floor and a ceiling that is bounded on two or more sides by a combination of walls, doorways, windows, or other physical barriers that may be open, partially open, closed, retractable, temporary, or permanent; (8) “established village” means an area that does not contain any part of an incorporated city or another established village, that is an unincorporated community in the unorganized borough, and that has 25 or more permanent residents; (9) “health care facility” means an office or institution providing care or treatment for physical, mental, emotional, or other medical, dental, physiological, or psychological diseases or conditions; private, municipal, or state hospital; independent diagnostic testing facility; primary care outpatient facility; skilled nursing facility; kidney disease treatment center, including freestanding hemodialysis units; intermediate care facility; ambulatory surgical facility; Alaska Pioneers' Home or Alaska Veterans' Home administered by the department under AS 47.55 ; long-term care facility; psychiatric hospital; residential psychiatric treatment center, as defined in AS 18.07.111 or AS 47.32.900 ; and other facilities, places of employment, or offices operated for use by doctors, nurses, surgeons, chiropractors, physical therapists, physicians, psychiatrists, or dentists or other professional health care providers to provide health care; (10) “place of employment” means work areas, private offices, hotel and motel rooms, employee lounges, restrooms, conference rooms, classrooms, cafeterias, hallways, vehicles, and other employee work areas that are under the control of an employer; (11) “public place” includes (A) an area to which the public is invited or into which the public is admitted; (B) a place where services, goods, or facilities are offered to the public; (12) “smoking” means using an e-cigarette or other oral smoking device or inhaling, exhaling, burning, or carrying a lighted or heated cigar, cigarette, pipe, or tobacco or plant product intended for inhalation.