Smoking Laws in Kentucky

Even though the State of Kentucky does not have a statewide Smoke Free Air Act as many other states now have, there are city and county ordinances in place that ban smoking in certain areas. The cities with these ordinances are Lexington, Louisville, Morehead, Georgetown, Frankfort, Ashland, Elizabeth and Henderson. Counties with no-smoking ordinances are Daviess and Letcher. Along with these city and county ordinances, state prisons are also becoming smoke-free and all State of Kentucky buildings are now smoke-free. With these ordinances in place, smokers in Kentucky should learn where they could smoke without facing a penalty.

Lexington, Kentucky was the first city in the State of Kentucky to put into effect a smoke-free ordinance. The Lexington Smoke-Free Indoor Air Law went into effect April 27, 2004 and prohibits smoking in any public building including but not limited to food service businesses, bars, taverns, bingo and bowling centers, pool hall, public areas in hotels/motels and any other building with public access. Penalties for violating this city ordinance begin at $100 for the first offense, $250 for the second offense and $500 for each offense thereafter. Individuals who are smoking in a prohibited area and have been asked to leave as a result can have trespassing charges brought against them should they refuse to leave. There are exceptions to this ordinance such as private homes, hotel/motel guest rooms, designated smoking areas in hospitals and nursing rooms, retail tobacco stores, private organizations and tobacco warehouses.

Louisville, Kentucky prohibits smoking in restaurants, eating establishments, retail stores, shopping malls, factories and office buildings. Penalties for violating this city ordinance are $50 to $100 for the first offense, $150 to $250 for the second offense and $350 to $500 for the third offense and any offense thereafter. Individuals who refuse to stop smoking and refuse to leave the premises can have trespassing charges filed. Exceptions to this ordinance include private homes, bars with food sales that total less than 25%, private clubs, retail tobacco stores, tobacco warehouses, horseracing tracks, designated smoking areas and hotel/motel guest rooms designated for smoking.

Morehead, Kentucky's city smoking ordinance prohibits smoking in all government-owned enclosed facilities as well as vehicles. It also prohibits smoking in outdoor stadiums or fields open to the public and operated, owned or leased by the city of Morehead. Smoking is also prohibited in all enclosed workplaces as well as auditoriums, classrooms, conference and meeting rooms, private offices, public areas such as elevators, hallways, cafeterias, stairs and restrooms. Exemptions to this ordinance are private residences, as long as the residence is not used as a childcare center, an adult daycare center or a health care center. Twenty percent hotel/motel guest rooms are also exempt as long as all the designated smoking rooms are located in the same area and smoke from these rooms may not infiltrate into any no-smoking area. Other exemptions to this ordinance are private clubs with no employees and outdoor work areas that are not owned by the city of Morehead. Penalties for violating this ordinance are $50 for an individual and $50 to $250 for a business, depending on the number of violations within a year.

Georgetown Kentucky prohibits smoking in all enclosed public places. Smoking is also prohibited in all enclosed work areas, auditoriums, classrooms, conference rooms, and private offices, public areas such as elevators, hallways, stairs, cafeterias, employee lounges and restrooms. All outdoor arenas, stadiums and amphitheaters are also locations where smoking is prohibited. It is also a violation to smoke close to the outside entrance, windows or ventilation systems. Smoking is permitted in private homes as long as they are not used as a childcare, adult or health care center. Hotels and motels can designate up to 20% of their guest rooms as smoking rooms and any smoking rooms on the same floor must be located contiguous to each other. Other places where smoking is allowed are retail tobacco stores, private clubs with no employees and outdoor work places. Penalties for violating the no smoking ordinance in Georgetown range from $50 for the first violation to $250 for the third and each additional violation within a one-year time-period.

Frankfort Kentucky has a rather simple no-smoking policy. Smoking is banned in buildings. Exceptions to this are dwellings, but not in a lobby, elevator, hall or any other common area. The location of a private social event not open to the public, designated smoking room in a nursing home or other medical facility is also exempt from the no-smoking policy. Retail tobacco stores, designated indoor smoking areas in a state or federal government office building, public organization facilities and tobacco warehouses are also exempt from the no-smoking policy in Frankfort Kentucky. Penalties for violating this no-smoking policy begin with a fine of $50 to $250, depending on the number of violations and if the violator is an individual or a business.

Smokers, living in or visiting these cities, as well as Ashland, Elizabethtown and Henderson, should become familiar with where they are allowed to smoke and where they cannot. If they do not abide by the posted signs in certain areas, they could be facing fines. Davies County and Letcher County both have countywide smoking bans in place as well, making it important that smokers stay better informed when in the State of Kentucky.