UPDATE1: Proposed Smoking Ban Information

Update 1:As of the vote on November 2, 2010 the law below has gone into effect.

With approaching deadlines, more and more customers are asking about the proposed smoking ban law. We’ve answered some of those questions below:

Question: If approved by voters, when does the expanded smoking ban law go into effect in South Dakota?

Answer: The law passed by the 2009 South Dakota Legislature (HB 1240) has been referred to a public vote in the November general election. According to Secretary of State Chris Nelson, if approved by voters in November, the law will go into effect the day following the official canvass, which will be held on November 9.

The new law provides that only the following businesses could continue to allow smoking:

• sleeping rooms in lodging establishments. The rooms must be posted as a smoking room.
• “cigar bars”: establishments with on-sale alcohol licences; which generate 10% or more of their annual gross income from the sale of cigars; which have a humidor on the premises; which are enclosedy solid walls or windows, a ceiling and a solid door and are equipped with a ventilation system; which do not allow smoking of any tobacco products other than cigars and premium tobacco products purchased on the premises; and which were in compliance as of January 1, 2009.
• retail tobacco stores which generate 65% or more of their annual gross income from the sale of tobacco, tobacco products and accessories for those products; do not allow alcohol consumption on the premises; and which are enclosed by solid walls or windows, a ceiling, and a solid door that provides egress to the outdoors.