Arkansas

Clean Indoor Air

Public Places

Smoking is prohibited in most public places and enclosed areas of places of employment, including almost all restaurants. See the definition of “public place” and “place of employment” under Arkansas Code section 20-27-1803 for more details on places covered. This does not apply to: 1) private residences, except when used as a licensed child care, adult daycare, or health care facility; 2) designated guest smoking rooms in hotels/motels, except in hotels/motels with more than 25 rooms, no more than 20 percent of the rooms may be designated smoking; 3) all workplaces with fewer than three employees that are not public places; 4) a retail tobacco store, if secondhand smoke from the store does not infiltrate into places where smoking is prohibited; 5) areas within long-term care facilities that are designated by the facility as a smoking area or for supervised patient smoking only; 6) outdoor areas of places of employment; 7) all workplaces of any manufacturer, importer or wholesaler of tobacco products, of any tobacco leaf dealer or processor and all tobacco storage facilities; 8) all restaurants and bars licensed by the state of Arkansas that prohibit at all times persons less than 21 years of age from entering the premises, if secondhand smoke does not infiltrate into areas where smoking is prohibited; and 9) designated smoking areas on the gaming floor of any franchisee of the Arkansas Racing Commission.

ARK. CODE ANN. §§ 20-27-1801 et seq. (2006).

Preemption: This subchapter is cumulative to and does not prohibit the enactment of any other general or local laws, rules, or regulations of state or local governing authorities or local ordinances prohibiting smoking that are more restrictive than or are in direct conflict with this subchapter.

ARK. CODE ANN. § 20-27-1808 (2006).

Smoking is prohibited in all motor vehicles in which a child who is less than six years of age and who weighs less than 60 lbs. is restrained in a child passenger safety seat properly secured to the vehicle. Violation is subject to a fine not to exceed $25. Any person who proves to the court that they have entered into a smoking cessation program may have their fine eliminated for a first offense.

ARK. CODE ANN. §§ 20-27-1901 to 20-27-1904 (2006).

Government Buildings

Smoking is prohibited in all vehicles and enclosed areas owned, leased, or operated by the state of Arkansas, its agencies and authorities, and any political subdivision of the state, municipal corporation, or local board or authority created by general, local, or special act of the General Assembly or by ordinance or resolution of the governing body of a county or municipal corporation individually or jointly with other political subdivisions or municipalities of the state.

ARK. CODE ANN. § 20-27-1804 (2006).

Smoking any cheap cigarette, cigar, pipe, or other tobacco product in the state Capitol building is prohibited. Violation is a misdemeanor punishable by a fine of $25.

ARK. CODE ANN. § 22-3-220 (2000).

Private Workplaces

Smoking is prohibited in all enclosed areas of places of employment, including common work areas, auditoriums, classrooms, conference and meeting rooms, private offices, elevators, hallways, health care facilities, cafeterias, employee lounges, stairs, restrooms and all other enclosed areas. The prohibitions on smoking shall be communicated to all current employees by their employer within 30 days of the effective date of this act, and to each prospective employee upon application for employment. Workplaces with fewer than three employees as long as the workplace is not also a public place; workplaces of any manufacturer, importer, or wholesaler of tobacco products, of any tobacco leaf dealer or processor and all tobacco storage facilities; and outdoor places of employment are all exempt from these requirements.

ARK. CODE ANN. §§ 20-27-1804 & 20-27-1805 (2006).

Schools

Smoking or use of tobacco in enclosed areas, buildings, or facilities of a public elementary or secondary school, or on any property owned or leased by a public school district is prohibited. A copy of this statute shall be posted in a conspicuous location at every entrance to each building owned or leased by a public school district and every school bus used to transport public school students. Violation of this provision is a misdemeanor punishable by a fine of $10 to $100.

AR CODE ANN. § 6-21-609 (1999).

To the extent not covered above, smoking is prohibited in public places, the definition of which includes educational facilities.

ARK. CODE ANN. §§ 20-27-1803 & 20-27-1804 (2006).

Child Care Centers

Smoking is prohibited entirely in all licensed child care facilities.

ARK. CODE ANN. § 20-78-217 (1997).

Health Facilities

Smoking is prohibited in public places, the definition of which includes health care facilities. “Health care facility” is defined as an office or institution providing care or treatment of diseases, whether physical, mental or emotional, or other medical, physiological or psychological conditions, including weight control clinics, homes for the chronically ill, laboratories, and offices of surgeons, chiropractors, physical therapists, physicians, dentists and all specialists within these professions. This includes the building or buildings in which a medical facility operates, together with all property owned or operated by a medical facility that is contiguous to the building or buildings in which medical services are provided. Health care facility does not include medical facilities as defined below, psychiatric hospitals or long-term care facilities.

ARK. CODE ANN. §§ 20-27-1803 & 20-27-1804 (2006).

Smoking is prohibited in and on the grounds of all medical facilities in the state. “Medical facilities” are defined as hospitals, including both inpatient and outpatient services, as well as hospital-owned and operated ambulatory surgery centers and free-standing medical clinics. Psychiatric hospitals are exempt. If a treating physician determines that an inpatient’s treatment will be substantially impaired by the denial to that patient of the use of tobacco, the physician may enter a written order permitting the use of tobacco by that patient. The order shall be consistent with the medical facilities staff bylaws, hospital regulations and any local ordinances. Violation is a Class C misdemeanor. Each medical facility shall post signs in prominent places in its facilities and on its property to explain the prohibition of smoking.

ARK. CODE ANN §§ 20-27-704 et seq. (2005).

Restaurants

Restaurants: Smoking is prohibited in public places, the definition of which includes restaurants. The term restaurant includes the bar area of a restaurant. Licensed restaurants that do not allow persons under 21 to enter at any time are exempt from these restrictions as long as smoke does not infiltrate into areas where smoking is prohibited.

ARK. CODE ANN. §§ 20-27-1801 et seq. (2006).

Bars: Smoking is allowed in stand-alone bars as long as they do not allow people under 21 to enter at any time, and smoke does not infiltrate into areas where smoking is prohibited.

ARK. CODE ANN. §§ 20-27-1801 et seq. (2006).

Penalties/Enforcement

“No Smoking” signs may be clearly and conspicuously posted by the owner, operator, manager or other person in control in every public place and place of employment where smoking is prohibited. The owner, operator, manager, or other person in control of any area where smoking is prohibited shall also remove all ashtrays from the area, unless an ashtray is permanently affixed to an existing structure. The Department of Health and Human Services and its authorized agents may enforce compliance with this subchapter and any rules and regulations adopted and promulgated under this subchapter by the state Board of Health. Any person who violates any provision of this subchapter is guilty of a violation and upon conviction shall be punished by a fine of not less than $100 or more than $500.

ARK. CODE ANN. §§ 20-27-1806, 20-27-1807 & 20-27-1809 (2006).

Tobacco Excise Tax

Cigarettes

Tax rate per pack of 20: $1.15

Date last changed: March 1, 2009 — from 59 cents to $1.15

Year first enacted: 1925

ARK. CODE ANN. §§ 26-57-208 (2007); 26-57-802 (2007); 26-57-803 (2007); & 26-57-804 (2007); 26-57-806 (2009) & 26-57-1101 (2007).

Whenever there are two adjoining cities each with a population of 5,000 or more separated by a state line, the tax on cigarettes sold in such adjoining Arkansas city shall be at the rate imposed by law on cigarettes sold in the adjoining city outside of Arkansas not to exceed Arkansas’ existing cigarette tax. The tax on cigarettes sold in Arkansas within 300 feet of a state line or in any Arkansas city which adjoins a state line shall be at the rate imposed by law on cigarettes sold in the adjoining state not to exceed Arkansas’ existing cigarette tax. This only applies to retail sales to individuals. One cent of the cigarette tax is exempted from this requirement.

ARK. CODE ANN. §§ 26-57-208 (2007); 26-57-802 (2007); 26-57-803 (2007); & 26-57-804 (2007); 26-57-806 (2009) & 26-57-1101 (2007).

A tax is also levied on the sale of cigarette papers of 25 cents per package of approximately 32 sheets.

ARK. CODE ANN. § 26-57-801 (1987).

Other Tobacco Products

All other tobacco products: 68% of the manufacturer’s list price.

ARK. CODE ANN. §§ 26-57-208 (2007); 26-57-803 (2007); 26-57-805 (2007); 26-57-807 (2009) & 26-57-1102 (1999).

Revenue Collected

$122,068,000

Youth Access

Compliance/Enforcement

Pursuant to a Memorandum of Agreement with the Arkansas Department of Health and Human Services – Division of Health (ADHHS-DOH), the Arkansas Tobacco Control Board (ATCB) shall administer the enforcement of youth access laws in Arkansas, including conducting unannounced investigations in retail establishments that sell tobacco products.

FY2007 MEMO OF AGREEMENT B/N ADHHS-DOH & ATCB (2006).

Minors are allowed to be used in compliance checks as long as they appear to be under 18 years of age; if asked state their actual age and present their true identification; written consent has been received from a parent or guardian; and the minor is being directed by an officer having enforcement authority, an employee of the Arkansas Tobacco Control Board or a prosecuting attorney, an authorized representative of a business acting pursuant to a self-compliance program, an employee or authorized representative of the Department of Health, or an employee or authorized agent of a governmental agency with enforcement authority.

ARK. CODE ANN. § 5-27-227 (2007).

Penalties for Sales to Minors

It is unlawful for any person to give, barter or sell tobacco products or cigarette papers to a minor less than 18 years of age. Violators shall be guilty of a violation and subject to a fine not to exceed $250 for a first violation within a 48-month period; a fine not to exceed $500, and suspension of the permit or license to sell tobacco products for not more than two days for a second violation within a 48-month period; a fine not to exceed $1,000 and suspension of the permit or license to sell tobacco products for not more than seven days for a third violation in a 48-month period; a fine not to exceed $2,000 and suspension of the license or permit to sell tobacco products for a period not to exceed 14 days for a fourth violation in a 48-month period; and after five violations within a 48 month period, a license or permit may be revoked. An employee of a permit holder who violates this law shall be subject to a fine not to exceed $100. The court shall consider specific factors when reviewing a possible violation, including whether the business has adopted a written policy prohibiting the sale of tobacco products to minors.

ARK. CODE ANN. § 5-27-227 (2007).

Penalties to Minors

It is unlawful for a minor to possess, unless acting as an agent of his employer within the scope of employment, purchase or use any cigarettes or other tobacco products. It is also unlawful to use falsified identification or someone else’s identification for the purpose of obtaining or attempting to obtain tobacco products or cigarette papers. This does not prohibit minors from participating in compliance checks, provided the checks are conducted under the direction or supervision of a governmental agency and there is parental consent.

ARK. CODE ANN. § 5-27-227 (2007).

Placement of Tobacco Products

It is unlawful for a person who has been issued a permit or license to sell or distribute a cigarette product through a self-service display. “Self-service display” is defined as a display that contains a cigarette product, that is located in an area where customers are permitted, and in which the cigarette product is readily accessible to a customer without the assistance of a salesperson. This does not apply to a retail tobacco store as defined. Violation is subject to the same penalties as selling tobacco products to minors.

ARK. CODE ANN. § 5-27-227 (2007).

Sign Posting

Signs must be posted in a conspicuous place stating that it is a violation of the law to sell tobacco products to persons under the age of 18. Violators are guilty of a violation and subject to the same penalties as selling tobacco products to minors.

ARK. CODE ANN. § 5-27-227 (2007).

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

Samples

It is unlawful for any manufacturer or any person who has been issued a permit or license to distribute free samples or coupons for samples to any person under the age of 18 and in or on any public street or sidewalk within 500 feet of any playground, public school or other facility being used primarily by people under 18. Violators shall be guilty of a violation and subject to the same penalties as selling tobacco products to minors.

ARK. CODE ANN. § 5-27-227 (2007).

Single Cigarettes

The sale of individual cigarettes or “loosies” is prohibited. Individual cigarettes or “loosies” are defined as any cigarette not contained in its original, unopened pack. Violation is subject to the same penalties as selling/distributing tobacco products to minors.

ATCB RULES & REGS § 4.2 (2005).

Restrictions on Sale of Tobacco Products in Vending Machines

Placement

Vending machines may only be placed in restricted areas within a factory, business, office or other structure to which members of the general public are not given access; in premises that have a permit for the sale of alcoholic beverages for on-site consumption; or places where the vending machine is under the supervision of the owner or their employee.

ARK. CODE ANN. § 5-27-227 (2007).

Penalty

The owner of a vending machine that violates the restrictions on placement of tobacco product vending machines shall be guilty of a violation and subject to the same penalties as selling tobacco products to a minor.

ARK. CODE ANN. § 5-27-227 (2007).

Sign Posting

Each machine shall display a sign stating, “IT IS A VIOLATION OF THE LAW FOR CIGARETTES OR OTHER TOBACCO PRODUCTS TO BE SOLD TO OR PURCHASED BY A PERSON UNDER THE AGE OF 18.” Violation is subject to the same penalties as selling tobacco products to a minor.

ARK. CODE ANN. § 5-27-227 (2007).

Licensing Requirements

Requirements

No person shall deal with, or otherwise do business in, tobacco products in this state without having registered with the Director of the Tobacco Control Board and obtained a permit or license for that purpose. Manufacturers need only to register with the Director of Finance and Administration. The Tobacco Control Board shall have responsibility for the issuance, suspension and revocation of licenses and permits. Selling cigarettes or tobacco products without the appropriate license is a Class C misdemeanor for the first offense and a Class B misdemeanor for subsequent offenses.

ARK. CODE ANN. § 26-57-214 (2003).

Fee

Between $20-$50 for retail cigarette/tobacco permits depending on weekly gross sales, $500 for wholesale cigarette permits, $500 for wholesaler permits for other tobacco products, and $100 for a vending machine permit plus $10 per machine for vending machine licenses.

ARK. CODE ANN. § 26-57-219 (1997).

License Suspension for Sales to Minors

Those selling tobacco products to minors shall be guilty of a violation and shall have their license or permit suspended for a period not to exceed two days for a second violation within a 48-month period, not to exceed seven days for a third violation within a 48-month period, and not to exceed 14 days for a fourth violation within a 48-month period. After five violations within a 48-month period, a license or permit may be revoked.

ARK. CODE ANN. § 5-27-227 (2007).

Tobacco Liability

Industry Protection

Appeal bonds shall be determined under Arkansas Code section 16-68-301 et seq., and Arkansas Rules of Appellate Procedure – Civil, Rule 8, except that the maximum appeal bond that may be required in any civil action under any legal theory shall be limited to $25 million, regardless of the amount of the judgment. If a party proves by a preponderance of the evidence that the party who has posted a bond is purposely dissipating or diverting assets outside of the ordinary course of its business for the purpose of evading ultimate payment of the judgment, the court may enter orders as are necessary to prevent dissipation or diversion, including requiring that a bond be posted equal to the full amount of the judgment.

ARK. CODE ANN. § 16-55-214 (2005).

Tobacco Settlement

Tobacco Control Appropriations

Arkansas appropriated $15,982,716 for tobacco control and prevention programs for FY2009 (July 1, 2008 to June 30, 2009) from the state’s annual MSA payment. This appropriation is the second year of the FY2008-FY2009 biennial budget. $15,940,997 was appropriated in FY2008.

FY2008-FY2009 Tobacco Prevention and Control Program Biennial Budget (H.B. 1353) enacted 4/5/07 and effective 7/1/07 (FY2008) & 7/1/08 (FY2009); FY2008-FY2009 Tobacco Settlement Commission Biennial Budget (H.B. 1168) enacted 4/2/07 and effective 7/1/07 (FY2008) & 7/1/08 (FY2009); and Arkansas Tobacco Control Board Biennial Budget (H.B. 1126) enacted 3/26/07 and effective 7/1/07 (FY2008) & 7/1/08 (FY2009).

Initiated Act 1 was passed in November 2000 by the voters of Arkansas, which created a fund, held separate from the state Treasury, known as the Tobacco Settlement Cash Holding Fund, to be administered by the state Board of Finance. All monies received as part of the Master Settlement Agreement were directed to this fund. Beginning in 2002, tobacco settlement payments shall be distributed as follows: the first $5 million received in each calendar year shall be transferred to the Tobacco Settlement Debt Service Fund; and the amounts remaining shall be transferred to the Tobacco Settlement Program Fund. The funds in the Tobacco Settlement Program Fund will then be distributed as follows: 31.6 percent will go the Prevention and Cessation program account to fund tobacco prevention and cessation programs administered by the Arkansas Department of Health, 15.8 percent to the Targeted State Needs program account, 22.8 percent to the Arkansas Biosciences Institute program account and 29.8 percent to the Medicaid Expansion program account.

ARK. CODE ANN. §§ 19-12-101 et seq. (2005).

Securitization

Initiated Act 1 also directed the Arkansas Development Finance Authority (ADFA) to issue Tobacco Settlement Revenue Bonds, the proceeds of which shall be used to finance capital improvement projects at the University of Arkansas School for Medical Sciences Biosciences Research Building, the Arkansas State University Biosciences Research Building, the School of Public Health, and such other capital improvement projects related to the provision of health care services, health education, or health-related research as may be designated by the General Assembly.

ARK. CODE ANN. § 19-12-106 (2000).

The Arkansas Cancer Research Center of the University of Arkansas for Medical Sciences is designated as a Capital Improvement Project relating to health care services, health education, or health-related research for which tobacco settlement revenue bonds can be issued. Additional tobacco settlement revenue bonds can be issued under the following conditions: no more than $5 million per year may be used on debt service for the project, allocation to debt service on the project shall not commence until the bonds issued in 2001 are no longer outstanding and no more than $40 million in bonds may be issued for the project.

ARK. CODE ANN. §§ 19-12-201 et seq. (2006).

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