Virginia Code 15.2-2826: Designation of “No-Smoking” areas; smoking prohibited in “No-Smoking” areas; penalty for violation.
A. The proprietor or other person in charge of (i) an educational facility, except any public elementary, intermediate, or secondary school; (ii) a health care facility; (iii) a retail establishment of 15,000 square feet or more serving the general public, including, but not limited to, department stores, grocery stores, drug stores, clothing stores, and shoe stores; and (iv) recreational facilities shall designate reasonable no-smoking areas, considering the nature of the use and the size of the building.
Terms Used In Virginia Code 15.2-2826
- Educational facility: means any building used for instruction of enrolled students, including but not limited to any day-care center, nursery school, public or private school, institution of higher education, medical school, law school, or career and technical education school. See Virginia Code 15.2-2820
- Health care facility: means any institution, place, building, or agency required to be licensed under Virginia law, including but not limited to any hospital, nursing facility or nursing home, boarding home, assisted living facility, supervised living facility, or ambulatory medical and surgical center. See Virginia Code 15.2-2820
- Person: includes any individual, corporation, partnership, association, cooperative, limited liability company, trust, joint venture, government, political subdivision, or any other legal or commercial entity and any successor, representative, agent, agency, or instrumentality thereof. See Virginia Code 1-230
- proprietor: includes corporations, associations, or partnerships as well as individuals. See Virginia Code 15.2-2820
- smoking: means the carrying or holding of any lighted pipe, cigar, or cigarette of any kind, or any other lighted smoking equipment, or the lighting, inhaling, or exhaling of smoke from a pipe, cigar, or cigarette of any kind. See Virginia Code 15.2-2820
B. The proprietor or other person in charge of a space subject to the provisions of this section shall post signs conspicuous to public view stating “Smoking Permitted” or “No Smoking.” Any person failing to post such signs shall be subject to a civil penalty of not more than $25.
C. No person shall smoke in a designated no-smoking area and any person who continues to smoke in such area after having been asked to refrain from smoking shall be subject to a civil penalty of not more than $25.
D. Civil penalties assessed under this section shall be paid into the Virginia Health Care Fund established under § 32.1-366.