1.    The owner, operator, manager, or other person in control of a public place or place of employment where smoking is prohibited by this Act shall:

Terms Used In North Dakota Code 23-12-10.4

  • Person: means an individual, organization, government, political subdivision, or government agency or instrumentality. See North Dakota Code 1-01-49

a.    Clearly and conspicuously post no smoking signs or the international no smoking symbol in that place.

b.    Clearly and conspicuously post at every entrance to that place a sign stating that smoking is prohibited.

c.    Remove all ashtrays from any area where smoking is prohibited, except for ashtrays displayed for sale and not for use on the premises and ashtrays that are factory-installed in vehicles.

d.    By December 6, 2012, communicate to all existing employees and to all prospective employees upon their application for employment that smoking is prohibited in that place.

e.    For places under his or her control, direct a person who is smoking in violation of this Act to extinguish the product being smoked. If the person does not stop smoking, the owner, operator, manager, or employee shall refuse service and shall immediately ask the person to leave the premises. If the person in violation refuses to leave the premises, the owner, operator, manager, or employee shall immediately report the violation to an enforcement agency identified in this Act. The refusal of the person to stop smoking or leave the premises in response to requests made under this section by an owner, operator, manager, or employee shall not constitute a violation of the Act by the owner, operator, manager, or employee.

2.    The owner, operator, manager, or other person in control of a public place or place of employment where smoking is prohibited by this chapter may request from the department of health and human services the signs necessary to comply with the signage requirements of subsection 1.