SMOKING AND VAPING IN PUBLIC PLACES AND INDOOR WORKPLACES

Oklahoma City Municipal Code ch. 30, art. XVIII

in effect

Oklahoma City Municipal Code § 30-470 Definitions.

§ 30-470. - Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: (1) Educational facility means any property, building, permanent structure, facility auditorium, stadium, arena or recreational facility owned, leased or under the control of a public school district or private school, provided, a public school district shall not include a technology center school district; (2) Incidental public access means that a place of business has only an occasional person, who is not an employee, present at the business to transact business or make a delivery. It does not include businesses that depend on walk-in customers for any part of their business; (3) Indoor workplace means any indoor place of employment or employment-type service for or at the request of another individual or individuals, or any public or private entity, whether part-time or full-time and whether for compensation or not. Such services shall include, without limitation, any service performed by an owner, employee, independent contractor, agent, partner, proprietor, manager, officer, director, apprentice, trainee, associate, servant or volunteer. An indoor workplace includes work areas, employee lounges, restrooms, conference rooms, classrooms, employee cafeterias, hallways, any other spaces used or visited by employees, and all space between a floor and ceiling that is predominantly or totally enclosed by walls or windows, regardless of doors, doorways, open or closed windows, stairways, or the like. The provisions of this section shall apply to such indoor workplace at any given time, whether or not work is being performed; (4) Marijuana product means any product, regardless of form, that contains cannabinoids derived or extracted from the cannabis plant or the resin therefrom, and also includes synthetic cannabinoids and cannabis plant material. (5) Public place means any enclosed indoor area where individuals other than employees are invited or permitted; the term is synonymous with the phrase any indoor place used by or open to the public; (6) Restaurant means any eating establishment regardless of seating capacity; (7) Smoking means the carrying by a person of a lighted cigar, cigarette, pipe or any other device that produces smoke or fumes from burning materials; (8) Stand-alone bar, stand-alone tavern, and cigar bar mean an establishment that derives more than 60 percent of its gross receipts, subject to verification by competent authority, from the sale of alcoholic beverages and low-point beer and no person under 21 years of age is admitted, except for members of a musical band employed or hired as provided in Paragraph 2 of Subsection B of Section 537 of Title 37 of the Oklahoma Statutes and that is not located within, and does not share any common entryway or common indoor area with, any other enclosed indoor workplace, including a restaurant; (9) Tobacco product shall mean any bidis, cigars, cheroots, stogies, smoking tobacco and chewing tobacco, however prepared. Tobacco products shall also include any other articles or products made of tobacco or any substitute thereof; (10) Vaping means the action or practice of inhaling and exhaling the vapor produced by a vapor product, electronic cigarette, or similar device; and (11) Vapor product means noncombustible products, that may or may not contain nicotine, that employ a mechanical heating element, battery, electronic circuit or other mechanism, regardless of shape or size, that can be used to produce a vapor in a solution or other form; vapor products shall include any vapor cartridge or other container with or without nicotine or other form that is intended to be used with an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe or similar product or device and any vapor cartridge or other container of a solution, that may or may not contain nicotine, that is intended to be used with or in an electronic cigarette, electronic cigar, electronic cigarillo or electronic device. Vapor products do not include any products regulated by the United States Food and Drug Administration under Chapter V of the Food, Drug and Cosmetic Act. (Ord. No. 22314, § 1, 9-23-03; Ord. No. 25294, § 1, 12-22-15; Ord. No. 26267, § 5, 10-8-19; Ord. No. 26390, § 1, 2-18-20)

Oklahoma City Municipal Code § 30-471 Smoking and vaping in certain places prohibited.

§ 30-471. - Smoking and vaping in certain places prohibited. (a) Smoking and vaping is a public nuisance and dangerous to public health and is hereby prohibited, when such smoking or vaping is in any indoor place used by or open to the public, all parts of a zoo to which the public may be admitted, whether indoors or outdoors, public parks, whether indoors or outdoors, in any indoor workplace, in any vehicle providing public transportation, at a meeting of a public body, in a nursing facility licensed pursuant to the Nursing Home Care Act, or in a child care facility licensed pursuant to the Oklahoma Child Care Facilities Licensing Act. Commercial airport operators may prohibit smoking and vaping in any area that is open to or used by the public whether located indoors or outdoors, provided that the outdoor area is within 175 feet from an entrance. (b) Except as otherwise provided in this article, smoking and vaping are prohibited in all buildings owned or operated by The City of Oklahoma City. Except as otherwise provided in this article, smoking and vaping are also banned outdoors within the boundaries of all property owned or operated by The City of Oklahoma City, except for streets, alleys, sidewalks adjacent to a street and any other similar public ways used solely for the purpose of public travel, unless they are within the boundaries of a City park and except for any facility operating pursuant to a license issued by the Oklahoma Horse Racing Commission on City-owned lands and public golf courses on City-owned lands. Smoking and vaping are prohibited on City trails (identified in the Oklahoma City Trails Master Plan until superseded by and then identified in the Oklahoma City Bicycle Pedestrian Master Plan) filed with the City Clerk and posted with signage. Smoking and vaping are also prohibited on any closed street, alley or sidewalk pursuant to a revocable permit if the permit prohibits smoking and vaping and signage is posted. (c) Smoking and vaping in an educational facility, a school vehicle, or at any school-sponsored or school-sanctioned event or activity shall be prohibited. The use of any tobacco product and vapor product shall be prohibited in or on an educational facility that offers an early childhood education program or in which children in grades kindergarten through 12 are educated, in a school vehicle, or at any school-sponsored or school-sanctioned event or activity. All campuses, buildings and grounds, or portions thereof, owned or operated by an institution within the Oklahoma State System of Higher Education may be designated as tobacco and marijuana free, including smoking or smokeless tobacco, and smoking and vaping may be prohibited, by the institution upon adoption of a policy stating the restrictions for the institution. A technology center school district which offers an early childhood education program or in which children in grades kindergarten through 12 are educated shall prohibit smoking and vaping, the use of marijuana products, snuff, chewing tobacco or any other form of tobacco product in the buildings and on the grounds of the facility by all persons during the hours of 7:00 a.m. to 4:00 p.m., during the school session, or when class or any program established for students is in session; provided, a technology center school district may designate tobacco smoking areas outside of educational facility buildings, away from general traffic areas and completely out of sight of children under 18 years of age, for use by adults attending training courses, sessions, meetings or seminars. A technology center school district or college or university may designate tobacco smoking areas outside the educational facility buildings for the use of adults during certain activities or functions, including, but not limited to, athletic contests. (d) Notwithstanding (b), (c) and (d), no smoking or vaping shall be allowed within 25 feet of the entrance or exit of any building specified in Subsection (b), (c) or (d) of this section. (e) Veterans centers operated by the State pursuant to the provisions of Section 221 et seq. of Title 72 of the Oklahoma Statutes, shall be designated nonsmoking; veterans centers may establish outdoor designated tobacco smoking areas for resident veterans only. (f) The prohibition or regulation of smoking or vaping as established in this Article shall include the smoking or vaping of any marijuana product. (Ord. No. 22314, § 1, 9-23-03; Ord. No. 25294, § 1, 12-22-15; Ord. No. 26390, § 1, 2-18-20)

Oklahoma City Municipal Code § 30-472 Exemptions.

§ 30-472. - Exemptions. Except for smoking or vaping of any marijuana product, he restrictions provided in Section 30-471 shall not apply to the following: (a) stand-alone bars, stand-alone taverns and cigar bars; (b) the room or rooms where licensed charitable bingo games are being operated, but only during the hours of operation of such games; (c) up to 25 percent of the guest rooms at a hotel or other lodging establishment; (d) retail tobacco stores predominantly engaged in the sale of tobacco products and accessories and in which the sale of other products is merely incidental and in which no food or beverage is sold or served for consumption on the premises; (e) workplaces where only the owner or operator of the workplace, or the immediate family of the owner or operator, performs any work in the workplace, and the workplace has only incidental public access; (f) workplaces occupied exclusively by one or more tobacco smokers, if the workplace has only incidental public access; (g) private offices occupied exclusively by one or more smokers; (h) private residences and workplaces within private residences, except that smoking or vaping shall not be allowed inside any private residence that is used as a licensed child care facility during hours of operation; (i) medical research or treatment centers, if smoking is integral to the research or treatment; (j) a facility operated by a post or organization of past or present members of the Armed Forces of the United States which is exempt from taxation pursuant to Sections 501 (c)(8), 501 (c)(10) or 501 (c)(19) of the Internal Revenue Code, 26 U.S.C., Sections 501 (c)(8), 501 (c)(10) or 501 (c)(19), when such facility is utilized exclusively by its members and their families and for the conduct of post or organization nonprofit operations except during an event or activity which is open to the public; and (k) any outdoor seating area of a restaurant; provided, smoking or vaping shall not be allowed within 15 feet of any exterior public doorway or any air intake of a restaurant. (Ord. No. 22314, § 1, 9-23-03; Ord. No. 25294, § 1, 12-22-15; Ord. No. 26390, § 1, 2-18-20)

Oklahoma City Municipal Code § 30-473 Designated rooms and areas for smoking and vaping.

§ 30-473. - Designated rooms and areas for smoking and vaping. The following do not include or permit the smoking or vaping of any marijuana product: (a) An employer not otherwise restricted from doing so pursuant to State law may elect to provide rooms for smoking and vaping where no work is performed except for cleaning and maintenance during the time the room is not in use for smoking or vaping, provided each room is fully enclosed and exhausted directly to the outside in such a manner that no smoke or vapor can drift or circulate into a nonsmoking area. No exhaust from a room designated for smoking or vaping shall be located within 15 feet of any entrance, exit or air intake. (b) If smoking or vaping is to be permitted in any space exempted in Section 30-472 of this article or in a room designated for smoking or vaping pursuant to Subsection (a) of this section, such space must either occupy the entire enclosed indoor space or, if it shares the enclosed space with any nonsmoking areas, the space shall be fully enclosed, exhausted directly to the outside with no air from the space circulated to any nonsmoking area, and under negative air pressure so that no smoke or vapor can drift or circulate into a nonsmoking area when a door to an adjacent nonsmoking area is opened. Air from a smoking or vaping room shall not be exhausted within 15 feet of any entrance, exit or air intake. Any employer may choose a more restrictive policy, including being totally smoke and vapor free. (c) A nursing facility licensed pursuant to the Nursing Home Care Act may designate tobacco smoking rooms for residents and their guests. Such rooms shall be fully enclosed, directly exhausted to the outside, and shall be under negative air pressure so that no smoke can escape when a door is opened and no air is recirculated to nonsmoking areas of the building. Restaurants shall be totally nonsmoking or may provide smoke-free and vapor-free areas and designated smoking or vaping rooms. Food and beverage may be served in such designated rooms which shall be in a location which is fully enclosed, directly exhausted to the outside, under negative air pressure so any smoke or vapor cannot escape when a door is opened, and no air is recirculated to nonsmoking areas of the building. No exhaust from such room shall be located within 25 feet of any entrance, exit or air intake. Such room shall be subject to verification for compliance with the provisions of this subsection by the State Department of Health. (Ord. No. 22314, § 1, 9-23-03; Ord. No. 25294, § 1, 12-22-15; Ord. No. 26390, § 1, 2-18-20)

Oklahoma City Municipal Code § 30-474 Posting.

§ 30-474. - Posting. (a) The person who owns or operates a place where smoking or vaping or the use of tobacco products or marijuana products are prohibited by law shall be responsible for posting a sign or decal, at least four inches by two inches in size, at each entrance to the building indicating such prohibitions. (b) Responsibility for posting signs or decals shall be as follows: (1) in privately owned facilities, the owner or lessee, if a lessee is in possession of the facilities, shall be responsible; (2) in corporately owned facilities, the manager and/or supervisor of the facility involved shall be responsible; and (3) in publicly owned facilities, the manager and/or supervisor of the facility shall be responsible. (Ord. No. 22314, § 1, 9-23-03; Ord. No. 26390, § 1, 2-18-20)

Oklahoma City Municipal Code § 30-475 Violation and penalty.

§ 30-475. - Violation and penalty. Any person who knowingly violates this article is guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine of not less than $10.00 nor more than one hundred dollars ($100.00). (Ord. No. 22314, § 1, 9-23-03)

Oklahoma City Municipal Code § 30-476 Preventive measures.

§ 30-476. - Preventive measures. The local governmental agency or the person who owns or operates a public place shall, at a minimum, do the following in order to prevent smoking or vaping in public places: (a) post signs at entrances to places where smoking is prohibited which state that smoking or vaping is prohibited or that the indoor environment is free of smoke or vapor; and (b) ask persons smoking or vaping to refrain from doing so, upon observation of anyone violating the provisions of this Act. (Ord. No. 22314, § 1, 9-23-03; Ord. No. 26390, § 1, 2-18-20)

Source: City of Oklahoma City, Municipal Code and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/ok/oklahoma_city/codes/code_of_ordinances?nodeId=OKMUCO2020_CH30MIPROF_ARTXVIIISMVAPUPLINWOFetched: 10/28/2026