ENVIRONMENTAL SMOKE CONTROL

Denver Revised Municipal Code ch. 24, art. IX

in effect

Denver Revised Municipal Code § 24-301 Definitions.

Sec. 24-301. - Definitions. Unless otherwise specifically stated below, the definitions in this article shall have the same meaning as in C.R.S., section 25-14-203: (a) Flow line means the face of the curb and gutter, or if no curb and gutter, the edge of the pavement. (b) Hookah means a type of waterpipe, used to smoke shisha or other tobacco products, with a long flexible tube for drawing aerosol through water. Components of a hookah may include heads, stems, bowls, and hoses. (c) Hookah tobacco retailer means a tobacco retailer that is engaged in the retail sale of hookah, hookah smoking accessories, or tobacco intended to be smoked in a hookah, which includes hookah tobacco, shisha tobacco, waterpipe tobacco, maassel, narghile, and argileh. Hookah tobacco retailer includes facilities that permit the consumption of hookah on the premises by customers. (Ord. No. 1266-21, § 1, 11-15-21)

Denver Revised Municipal Code § 24-302 No-smoking areas.

Sec. 24-302. - No-smoking areas. Notwithstanding any other provision in this article, no person shall smoke in any place designated, by signs conforming to section 24-306, by the owner, operator or person in charge as a no-smoking area. (Ord. No. 1266-21, § 1, 11-15-21)

Denver Revised Municipal Code § 24-303 Smoking in outdoor areas.

Sec. 24-303. - Smoking in outdoor areas. Smoking shall be allowed in outdoor areas except as follows: (a) Within the exterior walls/fences of an open-air theater, smoking is prohibited in open seating areas, food/drink concession areas and related lines leading thereto, restrooms and amphitheater aisles and allowed elsewhere within the facility only in designated smoking areas established by the owner, operator or person in charge; (b) During special events open to the public and held within the exterior walls/fences of a botanic garden or zoo, smoking is prohibited except in smoking areas established therein by the facility owner, operator or person in charge, in places apart from visitor viewing areas and walkways; (c) Within the exterior walls/fences of a sport stadium, smoking is prohibited in open seating areas, aisles, interior ramps or stairs leading to seating areas, food/drink concession areas and the area of lines leading thereto and allowed elsewhere within the facility only in designated smoking areas established by the owner, operator or person in charge; (d) Within the exterior walls/fences of tennis courts and swimming pools; (e) On certain public premises adjoining hospital properties, as prohibited by section 38-8; and (f) On the 16th Street pedestrian and transit mall, as prohibited by section 38-9. (g) On the premises, including any patio, parking lot, or other outdoor portions of the premises, of any hookah tobacco retailer, between the hours of 12 midnight and 7:00 a.m. (Ord. No. 1266-21, § 1, 11-15-21)

Denver Revised Municipal Code § 24-304 Smoking in indoor areas.

Sec. 24-304. - Smoking in indoor areas. It shall be unlawful to smoke tobacco in any indoor area except: (a) Private residences, except portions used for commercial child care, teaching, tutoring, health services, or personal care services while being so used; (b) Limousines under private hire; (c) A cigar-tobacco bar; (d) Any tobacco business to the extent permitted by C.R.S., section 25-14-201 et seq, as amended, provided that it shall be unlawful to smoke tobacco in a hookah tobacco retailer between the hours of 12:00 midnight and 7:00 a.m.; (e) The licensed premises of a marijuana hospitality business licensed pursuant to section 6-217, or a retail marijuana hospitality and sales business licensed pursuant to section 6-218; except that this exception only applies to the smoking of marijuana and does not allow the smoking of tobacco within such premises. (Ord. No. 1266-21, § 1, 11-15-21)

Denver Revised Municipal Code § 24-305 Reserved.

Denver Revised Municipal Code § 24-306 Procedure for designating smoking areas.

Sec. 24-306. - Procedure for designating smoking areas. An area is designated as a smoking area by the installation of signs as follows: (a) Signs stating "Smoking Permitted in this Area" shall be permanently posted in every smoking area in such a manner that the area where smoking is allowed is clearly delineated. (b) Ash receptacles shall be placed at entrances to no-smoking areas from smoking areas and signs shall be posted at or near the receptacles stating: "No Smoking by City Ordinance, Extinguish Here." (Ord. No. 1266-21, § 1, 11-15-21)

Denver Revised Municipal Code § 24-307 Signs.

Sec. 24-307. - Signs. "No Smoking," "No Smoking Except In Designated Areas," "No Smoking by City Ordinance, Extinguish Here," and "Smoking Permitted in this Area" signs shall measure not less than forty (40) square inches in size with "NO SMOKING" in all upper case letters not less than one (1) inch high, the remainder of the lettering may be lower case and shall be not less than one-half (½) inch high. The international "No Smoking" symbol, not less than five (5) inches high, may be used as a substitute for a "No Smoking" sign. A sign stating "No Smoking," "No Smoking Except in Designated Areas," and the "No Smoking" symbol may also contain the words "By City Ordinance" or "by Article IX of Chapter 24 of the Revised Municipal Code." (Ord. No. 1266-21, § 1, 11-15-21)

Denver Revised Municipal Code § 24-308 Location of signs and other notices.

Sec. 24-308. - Location of signs and other notices. In addition to other locations set forth in this chapter, signs shall be posted as follows: (a) No smoking signs shall be visible at all public entrances to every facility where smoking is regulated. Facilities with designated smoking and no-smoking areas shall post signs which read "No Smoking" or "No Smoking Except in Designated Areas." (b) In the following specific settings, these additional requirements shall also apply: (1) In theaters, signs shall be posted in the lobby stating that smoking is prohibited within the theater or auditorium. Motion picture theaters shall project, prior to each feature, a five-second message saying smoking is prohibited. (2) In addition to appropriate signs at the entrance, in indoor malls no smoking signs shall be prominently and clearly posted in sufficient locations to alert persons using the mall of the prohibition against smoking. (3) At indoor food service lines, no smoking signs shall be clearly visible from the entrance to the food service line. (4) In grocery stores, supermarkets, convenience stores or retail establishments, clearly visible "No Smoking" signs shall be posted at all public entrances. (Ord. No. 1266-21, § 1, 11-15-21)

Denver Revised Municipal Code § 24-309 Responsibility of the owner, operator, manager or person in charge.

Sec. 24-309. - Responsibility of the owner, operator, manager or person in charge. The owner, operator or manager of every facility open to the public or open to the public upon the payment of a fee where smoking is regulated shall: (a) Post signs as required by this article; (b) Request that anyone known to be smoking in a no-smoking area comply with the law; (c) If a host or hostess is on duty, ask patrons for their seating preference between smoking or nonsmoking areas prior to seating or, if no host or hostess is on duty, adequately post the entrance so that patrons will be aware of the location of smoking and nonsmoking areas; (d) In sports arenas, stadiums and indoor malls where a public address system is available and regularly used for nonemergency announcements, make public address announcements regarding the smoking regulations at appropriate times. (Ord. No. 1266-21, § 1, 11-15-21)

Denver Revised Municipal Code § 24-310 Enforcement.

Sec. 24-310. - Enforcement. (a) It shall be unlawful for any person to smoke in an area within the City and County of Denver where or at times when smoking is prohibited pursuant to this article; (b) It shall be unlawful for any person who owns, manages, operates, or otherwise controls the use of a premises within the City and County of Denver to violate any provision of this article; and (c) It shall be unlawful for any person, according to a written statement by the owner, operator, manager, patron or employee of any facility, to not comply with a "No Smoking" sign posted in accordance with this article. (Ord. No. 1266-21, § 1, 11-15-21)

Denver Revised Municipal Code § 24-311 Agency responsibility.

Sec. 24-311. - Agency responsibility. Every department, agency and office of the city shall implement this article in all facilities under its management control. (Ord. No. 1266-21, § 1, 11-15-21)

Denver Revised Municipal Code § 24-312 Other applicable laws.

Sec. 24-312. - Other applicable laws. This article shall not be interpreted or construed to permit smoking where it is otherwise restricted by other applicable laws. (Ord. No. 1266-21, § 1, 11-15-21)

Denver Revised Municipal Code § 24-313 Power of board of public health and environment.

Sec. 24-313. - Power of board of public health and environment. The board of public health and environment is hereby authorized to adopt, and the manager of public health and environment may promulgate, rules and regulations deemed necessary for the proper and effective enforcement of the provisions of this article. (Ord. No. 1266-21, § 1, 11-15-21)

Source: City and County of Denver, Revised Municipal Code and Charter (Municode Library, library.municode.com)URL: https://library.municode.com/co/denver/codes/code_of_ordinances?nodeId=TITIIREMUCO_CH24HESA_ARTIXENSMCOFetched: 10/27/2026