Arizona

Clean Indoor Air

Public Places

Smoking is prohibited in almost all public places and workplaces, including restaurants and bars. “Public place” is defined as any enclosed area to which the public is invited or permitted, see statute cited below for a detailed list. Exemptions include: 1) private residences except when used as a licensed child care, adult day care or health care facility; 2) up to 50 percent of hotel/motel rooms; 3) retail tobacco stores as defined that are physically separated, so that smoke does not infiltrate into areas where smoking is prohibited; 4) veterans and fraternal clubs as defined when they are not open to the general public; 5) smoking as part of a Native American religious ceremony; 6) outdoor patios as long as smoke does not enter into places where smoking is prohibited; and 7) smoking as part of a theatrical performance. By rule, smoking is also prohibited within 20 feet of entrances/exits, windows and ventilation intakes to public places and places of employment, excluding outdoor patios.

ARIZ. REV. STAT. § 36-601.01 & AZ ADMIN RULES §§ R9-2-101 to R9-2-112 (2007).

Government Buildings

Smoking is prohibited in places of employment, the definition of which includes public places of employment. The definition of “employer” also includes the state of Arizona and its political subdivisions. By rule, smoking is also prohibited within 20 feet of entrances/exits, windows and ventilation intakes to public places and places of employment, excluding outdoor patios.

ARIZ. REV. STAT. § 36-601.01 & AZ ADMIN RULES §§ R9-2-101 to R9-2-112 (2007).

Private Workplaces

Smoking is prohibited in “places of employment,” which are defined as an enclosed area under the control of a public or private employer, which employees normally frequent during the course of employment, including office buildings, work areas, auditoriums, employee lounges, restrooms, conference rooms, meeting rooms, classrooms, cafeterias, hallways, stairs, elevators, health care facilities, private offices and vehicles owned and operated by the employer during working hours when the vehicle is occupied by more than one person. A private residence is not a “place of employment” unless it is used as a child care, adult day care or health care facility. By rule, smoking is also prohibited within 20 feet of entrances/exits, windows and ventilation intakes to public places, excluding outdoor patios.

ARIZ. REV. STAT. § 36-601.01 & AZ ADMIN RULES §§ R9-2-101 to R9-2-112 (2007).

Schools

Tobacco products are prohibited on school grounds, inside school buildings, in school parking lots or playing fields, in school buses or vehicles, or at off-campus school-sponsored events. “School” means any public, charter or private school where children attend classes in kindergarten programs or grades one through 12. This does not apply to an adult who employs tobacco products as a necessary component of a school-sanctioned, tobacco prevention or cessation program established pursuant to Arizona Revised Statute section 15-712. A person who violates this section is guilty of a petty offense.

ARIZ. REV. STAT § 36-798.03 (2000).

To the extent not covered above, smoking is prohibited in “public places,” the definition of which includes educational facilities. By rule, smoking is also prohibited within 20 feet of entrances/exits, windows and ventilation intakes to public places, excluding outdoor patios.

ARIZ. REV. STAT. § 36-601.01 & AZ ADMIN RULES §§ R9-2-101 to R9-2-112 (2007).

Child Care Centers

Smoking is prohibited in “public places,” which are defined as any enclosed area to which the public is invited or permitted. Smoking is also prohibited in “places of employment,” which are defined as an enclosed area under the control of a public or private employer, which employees normally frequent during the course of employment. Although not specifically mentioned, these definitions do include child care facilities. Smoking in private residences is specifically prohibited if it is a child care or adult day care facility. By rule, smoking is also prohibited within 20 feet of entrances/exits, windows and ventilation intakes to public places, excluding outdoor patios.

ARIZ. REV. STAT. § 36-601.01 & AZ ADMIN RULES §§ R9-2-101 to R9-2-112 (2007).

Health Facilities

Smoking is prohibited in “public places,” the definition of which includes health care facilities. Smoking is prohibited in “places of employment,” which are defined as an enclosed area under the control of a public or private employer, which employees normally frequent during the course of employment, including health care facilities. Smoking in private residences is specifically prohibited if it is used as a health care facility. By rule, smoking is also prohibited within 20 feet of entrances/exits, windows and ventilation intakes to public places and places of employment, excluding outdoor patios.

ARIZ. REV. STAT. § 36-601.01 & AZ ADMIN RULES §§ R9-2-101 to R9-2-112 (2007).

Restaurants

Restaurants: Smoking is prohibited in “public places,” the definition of which includes restaurants. Outdoor patios of restaurants are exempt as long as smoke does not enter areas where smoking is prohibited. By rule, smoking is also prohibited within 20 feet of entrances/exits, windows and ventilation intakes to public places and places of employment, excluding outdoor patios.

ARIZ. REV. STAT. § 36-601.01 & AZ ADMIN RULES §§ R9-2-101 to R9-2-112 (2007).

Bars: Smoking is prohibited in “public places,” the definition of which includes bars. Outdoor patios of bars are exempt as long as smoke does not enter areas where smoking is prohibited. By rule, smoking is also prohibited within 20 feet of entrances/exits, windows and ventilation intakes to public places and places of employment, excluding outdoor patios.

ARIZ. REV. STAT. § 36-601.01 & AZ ADMIN RULES §§ R9-2-101 to R9-2-112 (2007).

Penalties/Enforcement

“No smoking” signs shall be clearly and conspicuously posted by the owner or person in charge of a public place or place of employment. All ashtrays shall be removed from public places and places of employment as well. The state Department of Health shall implement and enforce the law. The department shall impose a civil penalty of $100 to $500 for each offense, and each day an offense occurs is a separate offense. The department may also apply for injunctive relief in the superior court in the county in which the violation occurred. If the court finds the violations are willful or evidence of a pattern of noncompliance a fine of up to $5,000 may be imposed.

ARIZ. REV. STAT. § 36-601.01 & AZ ADMIN RULES §§ R9-2-101 to R9-2-112 (2007).

Tobacco Excise Tax

Cigarettes

Tax rate per pack of 20: $2.00

Date last changed: December 4, 2006 — from $1.18 to $2.00

Year first enacted: 1933

ARIZ. REV. STAT. §§ 42-3052 (2002), 42-3251(2002), 42-3251.01(2002), 42-3251.02 (2006) & 42-3271 (2006).

Two cents of the cigarette tax shall be deposited into the Smoke-Free Arizona Fund to fund enforcement of Arizona’s smokefree air law. Any money remaining after enforcement obligations have been met will be transferred to Arizona’s Tobacco Education and Prevention Program. This increase in the cigarette tax was passed by voters in 2006.

ARIZ. REV. STAT. §§ 42-3251.02 & 36-601.01(L) (2006).

Eighty cents of the cigarette tax is distributed to the Early Childhood Development and Education Fund for use on specified early childhood education programs. This increase in the cigarette tax was also passed by voters in 2006.

ARIZ. REV. STAT. §§ 42-3272 & 8-1181 (2006).

Sixty cents of the cigarette tax is distributed to the Tobacco Products Tax Fund. Forty-two cents of each $1.00 in the fund is deposited in the Proposition 204 Protection Account which helps fund health insurance coverage for more uninsured residents; five cents of each $1.00 is deposited in the Health Research Fund to be used for research into tobacco-related diseases; 27 cents of each $1.00 is deposited in the Medically Needy Account, which is used to provide health insurance for low-income residents; 20 cents of each $1.00 is deposited in the Emergency Health Services Account where it is to be used for reimbursement of uncompensated care, primary care services and trauma center readiness costs as appropriated by the legislature; four cents of each $1.00 is deposited in a health care adjustment account; and two cents of each $1.00 goes to the Health Education Account for tobacco prevention programs. This increase in the cigarette tax was passed by voters in 2002.

ARIZ. REV. STAT. §§ 36-770, 36-772, 36-774, 36-776 to 36-778 & 42-3251.01 (2002).

Forty cents of the cigarette tax is deposited into the Tobacco Tax and Health Care Fund. Twenty-three cents of every $1.00 in the fund goes into a Health Education Account where it is used for tobacco control and prevention programs; five cents of each $1.00 in the fund goes into the Health Research Account where it is used for research on preventing and treating tobacco-related disease and addiction; 70 cents of each $1.00 in the fund goes into the Medically Needy Account (see above), and two cents of each $1.00 goes into an adjustment account. This increase in the cigarette tax was passed by voters in 1994.

ARIZ. REV. STAT. §§ 36-771 to 36-775 & 42-3251 (2002).

Eighteen cents of the cigarette tax is distributed as follows: 19.44 percent to state school aid, 11.11 percent to the corrections fund, and the remainder to the general fund.

ARIZ. REV. STAT. §§ 42-3102 to 42-3104 (2002).

Other Tobacco Products

Chewing tobacco, smoking tobacco, and snuff: 22.25 cents/oz.;

Cavendish, plug, or twist tobacco: 5.45 cents/oz.;

On each 20 small cigars or fractional part weighing not more than three pounds per thousand: 44.05 cents;

All other cigars: 21.8 cents/three cigars or 21.8 cents/cigar depending on the manufacturer’s retail price

ARIZ. REV. STAT. §§ 42-3052 (2002), 42-3251 (2002), 42-3251.01 (2002), 42-3271 (2006).

The revenue from the other tobacco product taxes levied by Arizona Revised Statute section 42-3271 is deposited in the Early Childhood Development and Education Fund where it is used in the same manner as 80 cents of the cigarette tax (see above).

ARIZ. REV. STAT. §§ 42-3272 & 8-1181 (2006).

The revenue from the other tobacco product taxes levied by Arizona Revised Statute section 42-3251.01 is deposited in the Tobacco Products Tax Fund, where it is used in the same manner as 60 cents of the cigarette tax (see above).

ARIZ. REV. STAT. §§ 42-3251.01 & 36-770 (2002).

The revenue from the other tobacco product taxes levied by Arizona Revised Statute section 42-3251 is deposited in the Tobacco Tax and Health Care Fund where it is distributed in the same manner as 40 cents of the cigarette tax (see above).

ARIZ. REV. STAT. §§ 42-3251 & 36-771 (2002).

The revenue from the other tobacco product taxes levied in Arizona Revised Statute section 42-3052 is deposited 50 percent to the Corrections Fund and 50 percent to the general fund.

ARIZ. REV. STAT. §§ 42-3102 & 42-3104 (2002).

Revenue Collected

$351,374,000

Youth Access

Compliance/Enforcement

None.

Penalties for Sales to Minors

A person who knowingly sells, gives or furnishes cigars, cigarettes onlineor cigarette papers, smoking or chewing tobacco to a minor is guilty of a petty offense.

ARIZ. REV. STAT § 13-3622 (1978).

Penalties to Minors

Minors who buy, possess, or accept tobacco products are guilty of a petty offense.

ARIZ. REV. STAT. § 13-3622 (1978).

Bidis

It is unlawful for a retail tobacco vendor to sell, furnish, give, or provide beedies or bidis to a minor. Any person who violates this section is guilty of a Class Three misdemeanor.

ARIZ. REV. STAT. § 36-798.01 (2000).

Other Provisions

Internet Sales: Any person accepting an order for a delivery sale shall comply with specific age-verification requirements including obtaining a certification from the consumer before delivery and verifying the information against a commercially available database or receiving a photocopy of a government-issued identification; specific disclosure requirements; specific shipping requirements including using a delivery service that requires a signature from the consumer or another person of legal minimum purchase age and proof in the form of a photographic government issued identification that the individual is the consumer or adult residing at the address; specific registration and reporting requirements; and specific tax collection requirements. Violation by an adult is a Class Five felony and for the first violation the person shall be fined $1,000 or five times the retail value of tobacco products involved, whichever is greater. For the second and subsequent violations, the fine is $5,000 or five times the retail value of the tobacco products involved, whichever is greater. An adult who knowingly submits a false certification is guilty of Class Five felony and for each offense shall be fined $10,000 or five times the retail value of the tobacco products involved, whichever is greater. A minor submitting a false certification is guilty of a petty offense. Failure to pay the appropriate taxes is a penalty of five times the retail value of the tobacco products involved in addition to any other penalty. Pipe tobacco and cigars are excluded from these requirements.

ARIZ. REV. STAT. §§ 42-3221 to 42-3230 (2004).

Note: Some parts of the above law may be affected by the U.S. Supreme Court decision in Rowe v. New Hampshire Motor Transport Association, decided February 20, 2008.

It is unlawful for a person to deliver, or cause to be delivered, to any residence in this state, any tobacco products unsolicited by at least one adult who resides at that address. A person who knowingly violates this section is guilty of a Class Two misdemeanor and is subject to a civil penalty of up to $5,000 for each violation. Each delivery of a tobacco product shall constitute a separate violation.

ARIZ. REV. STAT. § 36-798.05 (2000).

Restrictions on Distribution of Tobacco Product Samples or Sales of Single Cigarettes

Samples

A person who knowingly gives or furnishes tobacco products to a minor is guilty of a petty offense.

ARIZ. REV. STAT § 13-3622 (1978).

Single Cigarettes

It is unlawful to manufacture, sell, or distribute in this state, either a package or other container of cigarettes with fewer than 20 cigarettes or a package of roll-your-own tobacco that contains less than 0.6 ounces of tobacco. This does not prohibit the sale or distribution of such products in specially licensed tobacco stores that only admit people over 21 years of age. A violation of this section is a Class Three misdemeanor.

ARIZ. REV. STAT. § 36-798.04 (2000).

Restrictions on Sale of Tobacco Products in Vending Machines

Placement

Tobacco vending machines are restricted to bars and employee lounges that are not open to the public and if the business does not employ minors. Stronger local ordinances are specifically allowed concerning placement of or signage on tobacco product vending machines.

ARIZ. REV. STAT. § 36-798.02 (2000).

Penalty

Violation of the restrictions on tobacco product vending machines is a petty offense. Stronger local ordinances are specifically allowed concerning placement of or signage on tobacco product vending machines.

ARIZ. REV. STAT. § 36-798.02 (2000).

Sign Posting

Tobacco vending machines must have a sign measuring at least 80 square inches that states “IT IS ILLEGAL FOR A MINOR TO PURCHASE CIGARETTES OR TOBACCO PRODUCTS AND, UPON CONVICTION, A FINE UP TO $300 MAY BE IMPOSED.” Stronger local ordinances are specifically allowed concerning placement of or signage on tobacco product vending machines.

ARIZ. REV. STAT. § 36-798.02 (2000).

Licensing Requirements

Requirements

Distributors must be licensed by the Department of Revenue to sell tobacco products on which a tax is imposed. The license is non-transferable, valid for one year unless suspended or revoked and must be displayed in the applicant’s place of business.

ARIZ. REV. STAT. § 42-3201 (2006).

Fee

$25 annually.

ARIZ. REV. STAT. § 42-3201 (2006).

Tobacco Settlement

Tobacco Control Appropriations

Arizona allocated $22,413,100 for tobacco control and prevention programs from a portion of state tobacco tax revenue in FY2009 (July 1, 2008 to June 30, 2009). $23,500,000 was allocated for such programs in FY2008.

FY2008/FY2009 Appropriations (H.B. 2781) enacted 6/25/07 and effective 7/1/07 (FY2008) and 7/1/08 (FY2009).

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