Collinsville, Oklahoma
February 10, 2010
City Smoking Laws (Reflect State Statutes)

City Passed Ordinance Feb. 1st -- Aimed At Public Places


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From: Ken Underwood
Sent: Monday, February 08, 2010
To: Pamela Polk
Subject: Ordinance - Smoking in Public Places

I have enclosed Title 21 §1247 providing for criminal penalties for smoking in certain public places. This law may be found on the website for the Oklahoma Supreme Court Network along with all other laws within the State of Oklahoma. In addition, there is another law which relates to smoking in public places which is contained in the Public Health and Safety Regulations and administrative rules. I have enclosed one section of the Public Health and Safety Code appearing at Title 63 §1-1523. Other sections of the Public Health and Safety laws also apply to smoking in certain public places. I did not include all of those laws. They too can be found at the Oklahoma Supreme Court website which is www.OSCN.net.

The Oklahoma law relating to the prevention of youth access to tobacco is found at Title 37 §600.1 and the following sections. I have enclosed a portion of that law for your reference.

If Ted or anyone else wants to go to the Oklahoma Supreme Court website, all laws, court rules and court cases can be found by using the various search engines on the website.

Please note that the law enacted by the City of Collinsville relating to smoking in certain public places was taken word-for-word from the state law. In essence, the law was already enforceable as a state law within the City of Collinsville. The only difference is that the city now has the power to enforce this ordinance if they choose to do so. Citizens and business were always obligated to follow the state law even though we did not have the ordinance in place.

I hope this helps.

Yours truly,
Ken Ray Underwood
Attorney at Law

Title 21. Crimes and Punishments
Chapter 50 - Tobacco
Section 1247 - Smoking in Certain Public Places Prohibited - Punishment

§ 1247 . Smoking in Certain Public Places Prohibited - Punishment
A. The possession of lighted tobacco in any form is a public nuisance and dangerous to public health and is hereby prohibited when such possession 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 transportation, or any indoor workplace, except where specifically allowed by law.

As used in this section, "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.

B. All buildings, or portions thereof, owned or operated by this state shall be designated as nonsmoking; provided, however, each building may have one designated smoking room. As used in this paragraph, "buildings" shall not include up to twenty-five percent (25%) of any hotel or motel rooms rented to guests if the rooms are properly ventilated so that smoke is not circulated to nonsmoking areas.

C. All buildings, or portions thereof, owned or operated by a county or municipal government, at the discretion of the county or municipal governing body, may be designated as entirely nonsmoking or may be designated as nonsmoking with one designated smoking room.

D. A smoking room as provided for in subsections B and C of this section:

1. Shall not be used for the conduct of public business;

2. Shall be in a location which is fully enclosed, directly exhausted to the outside, under negative air pressure so smoke cannot escape when a door is opened, and no air is recirculated to nonsmoking areas of the building. No smoking exhaust shall be located within twenty-five (25) feet of any entrance, exit or air intake; and

3. Shall be verified for compliance with the provisions of this subsection by the Department of Central Services for state buildings, by a county entity designated by the board of county commissioners for county buildings, or by a municipal entity designated by the municipal governing body for municipal buildings.

E. No smoking shall be allowed within twenty-five (25) feet of the entrance or exit of any building specified in subsection B or C of this section.

F. The restrictions provided in this section shall not apply to stand-alone bars, stand-alone taverns and cigar bars as defined in Section 1-1522 of Title 63 of the Oklahoma Statutes.

G. The restrictions provided in this section shall not apply to the following:

1. The room or rooms where licensed charitable bingo games are being operated, but only during the hours of operation of such games;

2. Up to twenty-five percent (25%) of the guest rooms at a hotel or other lodging establishment;

3. 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;

4. 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. "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;

5. Workplaces occupied exclusively by one or more smokers, if the workplace has only incidental public access;

6. Private offices occupied exclusively by one or more smokers;

7. Workplaces within private residences, except that smoking shall not be allowed inside any private residence that is used as a licensed child care facility during hours of operation;

8. Medical research or treatment centers, if smoking is integral to the research or treatment;

9. 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

10. Any outdoor seating area of a restaurant; provided, smoking shall not be allowed within fifteen (15) feet of any exterior public doorway or any air intake of a restaurant.

H. An employer not otherwise restricted from doing so may elect to provide smoking rooms where no work is performed except for cleaning and maintenance during the time the room is not in use for smoking, provided each smoking room is fully enclosed and exhausted directly to the outside in such a manner that no smoke can drift or circulate into a nonsmoking area. No exhaust from a smoking room shall be located within fifteen (15) feet of any entrance, exit or air intake.

I. If smoking is to be permitted in any space exempted in subsections F or G of this section or in a smoking room pursuant to subsection H of this section, such smoking space must either occupy the entire enclosed indoor space or, if it shares the enclosed space with any nonsmoking areas, the smoking space shall be fully enclosed, exhausted directly to the outside with no air from the smoking space circulated to any nonsmoking area, and under negative air pressure so that no smoke can drift or circulate into a nonsmoking area when a door to an adjacent nonsmoking area is opened. Air from a smoking room shall not be exhausted within fifteen (15) feet of any entrance, exit or air intake. Any employer may choose a more restrictive smoking policy, including being totally smoke free.

J. Notwithstanding any other provision of this section, until March 1, 2006, restaurants may have designated smoking and nonsmoking areas or may be designated as being a totally nonsmoking area. Beginning March 1, 2006, restaurants shall be totally nonsmoking or may provide nonsmoking areas and designated smoking rooms. Food and beverage may be served in such designated smoking rooms which shall be in a location which is fully enclosed, directly exhausted to the outside, under negative air pressure so smoke 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 twenty-five (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.

K. The person who owns or operates a place where smoking or tobacco use is prohibited by law shall be responsible for posting a sign or decal, at least four (4) inches by two (2) inches in size, at each entrance to the building indicating that the place is smoke-free or tobacco-free.

L. 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.

M. Any person who knowingly violates this act is guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine of not less than Ten Dollars ($10.00) nor more than One Hundred Dollars ($100.00).

Smoking in Public Places and Indoor Workplaces Act
Article Article 15 - Occupational Health, Ionizing Radiation, and Air Pollution
Section 1-1523 - Prohibition Against Smoking - Exemptions

§ 1-1523. Prohibition Against Smoking - Exemptions

A. Except as specifically provided in the Smoking in Public Places and Indoor Workplaces Act, no person shall smoke in a public place, in any part of a zoo to which the public may be admitted, whether indoors or outdoors, in an 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. A nursing facility licensed pursuant to the Nursing Home Care Act may designate 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.

B. 1. Except as otherwise provided in paragraph 2 of this subsection, an educational facility which offers an early childhood education program or in which children in grades kindergarten through twelve are educated shall prohibit smoking, the use of snuff, chewing tobacco or any other form of tobacco product in the buildings and on the grounds of the facility by all persons including, but not limited to, full-time, part-time, and contract employees, 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.

2. Career and technology centers may designate smoking areas outside of buildings, away from general traffic areas and completely out of sight of children under eighteen (18) years of age, for use by adults attending training courses, sessions, meetings or seminars.

3. An educational facility may designate smoking areas outside the buildings for the use of adults during certain activities or functions, including, but not limited to, athletic contests.

C. Nothing in this section shall be construed to prohibit educational facilities from having more restrictive policies regarding smoking and the use of other tobacco products in the buildings or on the grounds of the facility.

D. A private residence is not a "public place" within the meaning of the Smoking in Public Places and Indoor Workplaces Act except that areas in a private residence that are used as a licensed child care facility during hours of operation are "public places" within the meaning of the Smoking in Public Places and Indoor Workplaces Act.

E. Smoking is prohibited in all vehicles owned by the State of Oklahoma and all of its agencies and instrumentalities.

F. An employer not otherwise restricted from doing so may elect to provide smoking rooms where no work is performed except for cleaning and maintenance during the time the room is not in use for smoking, provided each smoking room is fully enclosed and exhausted directly to the outside, in such manner that no smoke can drift or circulate into a nonsmoking area. No exhaust from a smoking room shall be located within fifteen (15) feet of any entrance, exit or air intake. If smoking is to be permitted in any space exempted in subsection G of this section or in a smoking room pursuant to subsection H of this section, such smoking space must either occupy the entire enclosed indoor space or, if it shares the enclosed space with any nonsmoking areas, the smoking space shall be fully enclosed, exhausted directly to the outside with no air from the smoking space circulated to any nonsmoking area, and under negative air pressure so that no smoke can drift or circulate into a nonsmoking area when a door to an adjacent nonsmoking area is opened. Air from a smoking room shall not be exhausted within fifteen (15) feet of any entrance, exit or air intake.

G. The Smoking in Public Places and Indoor Workplaces Act shall not prohibit smoking in:

1. Stand-alone bars, stand-alone taverns or cigar bars;

2. The room or rooms where licensed charitable bingo games are being operated, but only during the hours of operation of such games;

3. Up to twenty-five percent (25%) of the guest rooms at a hotel or other lodging establishment;

4. 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;

5. 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;

6. Workplaces occupied exclusively by one or more smokers, if the workplace has only incidental public access. "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;

7. Private offices occupied exclusively by one or more smokers;

8. Workplaces within private residences, except that smoking shall not be allowed inside any private residence that is used as a licensed child care facility during hours of operation;

9. 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., Section 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;

10. Any outdoor seating area of a restaurant; provided, smoking shall not be allowed within fifteen (15) feet of any exterior public doorway or any air intake of a restaurant; and

11. Medical research or treatment centers, if smoking is integral to the research or treatment.

H. Notwithstanding any other provision of the Smoking in Public Places and Indoor Workplaces Act, until March 1, 2006, restaurants may have designated smoking and nonsmoking areas or may be designated as being a totally nonsmoking area. Beginning March 1, 2006, restaurants shall be totally nonsmoking or may provide nonsmoking areas and designated smoking rooms. Food and beverage may be served in such designated smoking rooms which shall be in a location which is fully enclosed, directly exhausted to the outside, under negative air pressure so smoke 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 twenty-five (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.

Oklahoma Statutes Citationized
Title 37. Intoxicating Liquors
Chapter 4 - Prevention of Youth Access to Tobacco Act -- Section 600.2 - Definitions

As used in the Prevention of Youth Access to Tobacco Act:

1. "Person" means any individual, firm, fiduciary, partnership, corporation, trust, or association, however formed;

2. "Proof of age" means a driver license, license for identification only, or other generally accepted means of identification that describes the individual as eighteen (18) years of age or older and contains a photograph or other likeness of the individual and appears on its face to be valid;

3. "Sample" means a tobacco product distributed to members of the public at no cost for the purpose of promoting the product;

4. "Sampling" means the distribution of samples to members of the public in a public place;

5. "Tobacco product" means any product that contains tobacco and is intended for human consumption;

6. "Transaction scan" means the process by which a seller checks, by means of a transaction scan device, the validity of a driver license or other government-issued photo identification; and

7. "Transaction scan device" means any commercial device or combination of devices used at a point of sale or entry that is capable of deciphering in an electronically readable format the information encoded on the magnetic strip or bar code of a driver license or other government-issued photo identification.

In a message dated 2/5/2010 1:09:53 P.M. Central Standard Time, ppolk@cityofcollinsville.com writes:
The smoking ban is for public places, not on private property. I am attaching what I pulled off the internet when I googled State of Oklahoma smoking laws. This is just part of the state statute, however the statute number is listed if you would like to read the entire law.

Clean Indoor Air

Public Places

Smoking is prohibited in many indoor places used by or open to the public, all parts of a zoo to which the public may be admitted, whether indoors or outdoors and on public transportation. Exceptions are made for: 1) licensed charitable bingo games during their hours of operation; 2) up to 25 percent of hotel/motel rooms, 3) retail tobacco stores as defined; and 4) veterans' organizations. If smoking is to be permitted in any space exempted, such smoking space must either occupy the entire enclosed indoor space or, if it shares the enclosed space with any nonsmoking areas, the smoking space shall be fully enclosed, exhausted directly to the outside with no air from the smoking space circulated to any nonsmoking area, and be under negative air pressure so that no smoke can drift or circulate into a nonsmoking area when a door to an adjacent nonsmoking area is opened. Air from a smoking room shall not be exhausted within 15 feet of any entrance, exit or air intake. Smoking is also allowed in separately enclosed and separately ventilated areas/rooms in government and private workplaces and restaurants. The state legislature by adopting this act intends to preempt any other regulation promulgated to control smoking in public places and to standardize laws that governmental subdivisions may adopt to control smoking. Cities and towns may enact and enforce laws prohibiting and penalizing conduct under provisions of this act, but the provisions of such laws shall be the same as provided in this act and the enforcement provisions under such laws shall not be more stringent than those of this act.

OKLA. STAT. ANN. Tit. 21, § 1247 & tit. 63, §§ 1-1521 et seq. (2007)..

The gaming areas and the areas where simulcast wagering is conducted by an Oklahoma Horse Racing Commission licensee shall not be subject to the state restrictions on smoking in public places if the following conditions are met: each gaming or simulcast area in which smoking is permitted shall be fully enclosed, directly exhausted to the outside, under negative air pressure so smoke cannot escape to nonsmoking areas when a door is opened, and no air from a smoking area is re-circulated to nonsmoking areas of the building; and no exhaust from such gaming or simulcast area shall be located within 25 feet of any entrance, exit, or air intake..

OKLA. STAT. ANN. tit. 3A, § 208.12 (2004).

Any person, including a resident, that knowingly or willfully brings or has possession of cigarettes or tobacco products in a certified secure facility or certified juvenile detention facility is guilty of a misdemeanor and subject to imprisonment in county jail for up to a year and/or a fine not to exceed $500.

OKLA. STAT. ANN. tit. 10, § 7302-6.11(C) (2009).

Custody of, guardianship of or any visitation with a child shall not be granted to any person if it is established that the custody, guardianship or visitation will likely expose the child to a foreseeable risk of material harm. This could apply to secondhand smoke if a person can establish that secondhand smoke can cause a foreseeable risk of material harm.

OKLA. STAT. ANN. tit. 10, § 21.1(D)(3) (2004).

Government Buildings

Smoking is not permitted in any building owned or operated by the state of Oklahoma or political subdivisions or within 25 feet of the entrance or exit, except one designated smoking room is allowed. The designated smoking room shall not be used for the conduct of public business; and shall be in a location which is fully enclosed, directly exhausted to the outside, under negative air pressure so smoke cannot escape when a door is opened, and no air is re-circulated to nonsmoking areas of the building. No smoking exhaust shall be located within 25 feet of any entrance, exit or air intake. Cities and towns may enact and enforce laws prohibiting and penalizing conduct under provisions of this act, but the provisions of such laws shall be the same as provided in this act and the enforcement provisions under such laws shall not be more stringent than those of this act.

OKLA. STAT. ANN. tit. 21, § 1247 & tit. 63, §§ 1-1521 et seq. (2007).

Private Workplaces

Smoking is not permitted in any indoor workplace except private offices, workplaces in which the only employees are the owner and immediate family, or workplaces occupied only by one or more smokers. An employer not otherwise restricted from doing so may elect to provide smoking rooms where no work is performed except for cleaning and maintenance during the time the room is not in use for smoking, provided each smoking room is fully enclosed and exhausted directly to the outside in such a manner that no smoke can drift or circulate into a nonsmoking area. No exhaust from a smoking room shall be located within 15 feet of any entrance, exit or air intake. Cities and towns may enact and enforce laws prohibiting and penalizing conduct under provisions of this act, but the provisions of such laws shall be the same as provided in this act and the enforcement provisions under such laws shall not be more stringent than those of this act.

OKLA. STAT. ANN. tit. 21, § 1247 & tit. 63, §§ 1-1521 et seq. (2007).

Schools

Smoking is prohibited in all primary and secondary schools. Nothing in this section shall be construed to prohibit educational facilities from having more restrictive policies regarding smoking and the use of other tobacco products in the buildings or on the grounds of the facility.

OKLA. STAT. ANN. tit. 63, § 1-1523 (2007).

Child Care Centers

No person shall smoke in a licensed child care facility or in a private residence used as a child care facility during its hours of operation. The definition of "child care facility" includes a foster family home. In addition to any other penalties, the Department of Human Services shall impose administrative fines of $50 for the first offense, $100 for the second offense in a one year period and $250 for a third or subsequent offense in a one year period against childcare facilities for violations. Cities and towns may enact and enforce laws prohibiting and penalizing conduct under provisions of this act, but the provisions of such laws shall be the same as provided in this act and the enforcement provisions under such laws shall not be more stringent than those of this act.

OKLA. STAT. ANN. tit. 63, §§ 1-1521 et seq. (2007).

Health Facilities

Smoking is prohibited except in medical research or treatment centers, if smoking is integral to the research or treatment. Nursing homes may designate smoking rooms. Cities and towns may enact and enforce laws prohibiting and penalizing conduct under provisions of this act, but the provisions of such laws shall be the same as provided in this act and the enforcement provisions under such laws shall not be more stringent than those of this act.

OKLA. STAT. ANN. tit. 63, §§ 1-1521 et seq. (2007).

Restaurants

Restaurants: As of March 1, 2006, smoking areas in restaurants are required to be enclosed and separately ventilated. Outdoor seating areas of the restaurant are exempt except smoking shall not be allowed within 15 feet of any exterior public doorway or any air intake of a restaurant. Cities and towns may enact and enforce laws prohibiting and penalizing conduct under provisions of this act, but the provisions of such laws shall be the same as provided in this act and the enforcement provisions under such laws shall not be more stringent than those of this act.

OKLA. STAT. ANN. tit. 21, § 1247 & tit. 63, §§ 1-1521 et seq. (2007).

Bars: Bars, taverns, and cigar bars are exempted from the prohibition on smoking in public places. If smoking is to be permitted in any space exempted, such smoking space must either occupy the entire enclosed indoor space or, if it shares the enclosed space with any nonsmoking areas, the smoking space shall be fully enclosed, exhausted directly to the outside with no air from the smoking space circulated to any nonsmoking area, and under negative air pressure so that no smoke can drift or circulate into a nonsmoking area when a door to an adjacent nonsmoking area is opened. Air from a smoking room shall not be exhausted within 15 feet of any entrance, exit, or air intake. Any employer may choose a more restrictive smoking policy, including being totally smokefree. Cities and towns may enact and enforce laws prohibiting and penalizing conduct under provisions of this act, but the provisions of such laws shall be the same as provided in this act and the enforcement provisions under such laws shall not be more stringent than those of this act.

OKLA. STAT. ANN. tit. 21, § 1247 & tit. 63, §§ 1-1521 et seq. (2007).

Penalties/Enforcement

The person who owns or operates a place where smoking or tobacco use is prohibited by law shall be responsible for posting a sign or decal at each entrance to the building indicating that the place is smokefree. Any person who knowingly violates this act is guilty of a misdemeanor and shall be punished by a fine of $10 to $100. The Oklahoma State Board of Health is the designated enforcement agency. Cities and towns may enact and enforce laws prohibiting and penalizing conduct under provisions of this act, but the provisions of such laws shall be the same as provided in this act and the enforcement provisions under such laws shall not be more stringent than those of this act.

OKLA. STAT. ANN. tit. 21, § 1247 & tit. 63, §§ 1-1521 et seq. (2007).

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Tobacco Excise Tax

Cigarettes

Tax rate per pack of 20: $1.03

Date last changed: January 1, 2005 -- from 23 cents to $1.03

Year first enacted: 1933

OKLA. STAT. tit. 68, §§ 302, 302-1, 302-2, 302-4 & 302-5 (2005).

State sales taxes are no longer collected on cigarettes and tobacco products pursuant to a legislative referendum passed on November 2, 2004.

OKLA. STAT. tit. 68, § 1355(11) (2005).

Cigarette tax revenue is distributed as follows:

18 cents to the Oklahoma Building Bonds of 1992 Sinking Fund and 5 cents to the General Revenue Fund. The remaining 80 cents is distributed based on the following percentages: 1) 22.06 percent to the Health Employee and Economy Improvement Act Revolving Fund; 2) 3.09 percent to the Comprehensive Cancer Center Debt Service Revolving Fund; 3) 7.50 percent to the Trauma Care Assistance Revolving Fund; 4) 3.09 percent to the Oklahoma State University College of Osteopathic Medicine Revolving Fund; 5) 26.38 percent to the Oklahoma Health Care Authority Medicaid Program Fund; 6) 2.65 percent to the Department of Mental Health and Substance Abuse Services Revolving Fund; 7) 0.44 percent to the Belle Maxine Hilliard Breast and Cervical Cancer Treatment Revolving Fund; one percent to the Teachers' Retirement System Revolving Fund; 8) 2.07 percent to the Education Reform Revolving Fund; 9) 0.66 percent to the Tobacco Prevention and Cessation Revolving Fund, which in part funds the state tobacco prevention program; 10) 16.83 percent to the General Revenue Fund; and 11) 14.23 percent to municipalities and counties that levy a sales tax, in the proportions which total municipal and county sales tax revenue was apportioned by the Oklahoma Tax Commission in the preceding month.

OKLA. STAT. tit. 68, §§ 302, 302-1, 302-2, 302-4 & 302-5 (2005).

Other Tobacco Products

Chewing tobacco, smokeless tobacco and snuff: 60% of the factory list price;

Smoking Tobacco: 80% of the factory list price;

Little Cigars (not weighing more than three lbs. per thousand): 72 cents per cigar;

Cigars (weighing more than three lbs. per thousand): 13 cents per cigar

OKLA STAT. tit. 68, §§ 402, 402-1, 402-2 & 402-3 (2005).

Revenue from 50 percent of the tax on chewing tobacco, smokeless tobacco and snuff; 50 percent of the tax on smoking tobacco; 18 cents of the tax on little cigars; and 4 cents of the tax on regular cigars goes to the General Revenue Fund. The remaining revenue (50 percent of the tax on chewing tobacco, smokeless tobacco and snuff; 50 percent of the tax on smoking tobacco; 54 cents of the tax on little cigars; and 9 cents of the tax on regular cigars) is distributed based on the same percentages specified for 80 cents of the cigarette tax. See above for details.

OKLA STAT. tit. 68, §§ 402-2, 402-3 & 404 (2005).

Revenue Collected

$201,550,000

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Youth Access

Compliance/Enforcement

The Alcoholic Beverage Laws Enforcement (ABLE) Commission is authorized and empowered to enforce most youth access laws. Persons under 18 years of age may be enlisted by the ABLE Commission, a municipality or town, or a county to assist in compliance checks and enforcement if written parental consent has been provided and the testing is conducted under the direct supervision of the ABLE Commission or another authorized law enforcement agency. This shall not apply to the use of persons under 18 to test compliance if the test is being conducted by or on behalf of a retailer of cigarettes at any location where the retailer is authorized to sell cigarettes. Any other use of minors to test compliance shall be unlawful and punishable by a fine of $100. The ABLE commission shall notify storeowners when one of their employees has been determined to be in violation by the ABLE commission or convicted of a violation by a municipality. No agency or other political subdivision of the state may adopt any ordinance or regulation concerning the sale, purchase, distribution, advertising, sampling, promotion, display, possession, licensing, or taxation of tobacco products.

OKLA. STAT. ANN. Tit. 37, §§ 600.10 (1994) & 600.11 (2004).

Photo ID: A person engaged in the sale or distribution of tobacco products shall demand proof of age from a prospective purchaser or recipient if an ordinary person would conclude on the basis of appearance that the prospective purchaser may be less than 18 years of age. "Proof of age" means a driver's license, license for identification only, or other generally accepted means of identification that describes the individual as 18 years of age or older and contains a photograph or other likeness of the individual and appears on its face to be valid. If an individual engaged in the sale or distribution of tobacco products has demanded proof of age from a prospective purchaser or recipient who is not less than 18 years of age, the failure to subsequently require proof of age shall not constitute a violation. Penalties for violation are the same as those for selling or distributing tobacco products to minors. No agency or other political subdivision of the state, including, but not limited to, municipalities, counties or any agency thereof, may adopt any order, ordinance, rule or regulation concerning the sale, purchase, distribution, advertising, sampling, promotion, display, possession, licensing, or taxation of tobacco products.

OKLA. STAT. ANN. tit. 37, §§ 600.3 (2004) & 600.10 (1994).

Penalties for Sales to Minors

It is unlawful for any person to sell, give or furnish in any manner any tobacco product to another person who is under 18 years of age. This does not apply to an employee under 18 handling tobacco products as part of his employment. Persons who violate this law shall be fined not more than $100 for the first offense, not more than $200 for the second offense within a two-year period, not more than $300 for the third offense within a two-year period and the license to sell tobacco products may be suspended for no more than 30 days, not more than $300 for a fourth and subsequent offense in a two-year period and the license to sell tobacco products may be suspended for no more than 60 days. If the sale is made by the employee of the owner of the store, the employee shall be guilty of the violation and shall be subject to the fine. Each violation by any employee shall be a violation against the owner for purposes of a license suspension. Proof that the defendant demanded, was shown, and reasonably relied upon proof of age, shall be a defense to any action brought pursuant to this section. This can be proved if the individual who purchased or received the tobacco product presented a driver's license or other form of government-issued photo identification purporting to establish that the individual was 18 years of age or older and the person cited for the violation confirmed the validity of the identification by performing a transaction scan by means of a transaction scan device. This does not relieve any person cited for a violation from exercising reasonable diligence to determine whether the physical description and picture appearing on the driver's license was that of the person who presented it. County sheriffs may enforce this law. No agency or other political subdivision of the state, including, but not limited to, municipalities, counties or any agency thereof, may adopt any order, ordinance, rule or regulation concerning the sale, purchase, distribution, advertising, sampling, promotion, display, possession, licensing, or taxation of tobacco products.

OKLA. STAT. ANN. tit. 37, §§ 600.3 (2004) & 600.10 (1994).

It is unlawful to sell, give or furnish in any manner to another person who is under 18 any material or device used in the smoking, chewing, or other method of consumption of tobacco, including cigarette papers, pipes, holders of smoking materials of all types, and other items designed primarily for the smoking or ingestion of tobacco products. Violation is an administrative fine not to exceed $100 for each offense. No agency or other political subdivision of the state, including, but not limited to, municipalities, counties or any agency thereof, may adopt any order, ordinance, rule or regulation concerning the sale, purchase, distribution, advertising, sampling, promotion, display, possession, licensing, or taxation of tobacco products.

OKLA. STAT. ANN. tit. 37, §§ 600.13 (2004) & 600.10 (1994).

Penalties to Minors

It is unlawful for a person who is under 18 years of age to purchase, receive, or have in their possession a tobacco product; or to present or offer to any person any purported proof of age which is false or fraudulent, for the purpose of purchasing or receiving any tobacco product. It shall not be unlawful for an employee under 18 years of age to handle tobacco products when required in the performance of the employee's duties. Minors found guilty shall be fined $100 for a first offense and $200 for subsequent offenses within a one-year period. If they fail to pay within 90 days, their driver's license may be suspended, or not be issued or renewed. No agency or other political subdivision of the state, including, but not limited to, municipalities, counties or any agency thereof, may adopt any order, ordinance, rule or regulation concerning the sale, purchase, distribution, advertising, sampling, promotion, display, possession, licensing, or taxation of tobacco products.

OKLA. STAT. ANN. tit. 37, §§ 600.4 (1997) & 600.10 (1994).

This page is an attempt to provide just a bit more information on the city's new laws restricting smoking in public places. The city passed an ordinance (#842) at the Feb. 1, 2010 City Commission meet. The intent was stated that the city law would mirror the existing state laws on the subject. I did not have a copy of the city or state law then and in a rushed attempt to get the city meeting page updated and online, I added what looked like an interesting link (an Oklahoma anti-smoking site: http://www.ok.gov/health/documents/StatePlan.pdf) but it did not provide the actual statutes. In response to a cvilleok.com viewer's email request for additional info (e.g. Will I get ticket if I smoke on my front porch?), I asked City Manager Pam Polk for additional info. I have included just a portion of the info Pam and City Attorney Ken Underwood provided below. -- Ted Wright -- 2/10/2010
In an ideal world I would read all the information below and offer my layman's summary ... but there is no time on my current stressed schedule. -- Ted