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The Division of Public Health submitted three administrative rules that prohibit smoking in restaurants and bars to the Commission for Public Health for adoption. These three rules (10A NCAC 39C .0101-.0103) are required in order to implement G.S. 130A-497, An Act to Prohibit Smoking in Certain Public Places and Certain Places of Employment, which was signed by the governor on May 19, 2009. The bill becomes effective on January 2, 2010.
- The public hearing for these three rules was held at 2:00 p.m. on Sept. 17, 2009 in the Cardinal Room of Public Health Building 3 at 5605 Six Forks Road, Raleigh.
- Written public comments were accepted until close of business on October 2, 2009. Comments were addressed to Chris G. Hoke, JD, N.C. DHHS, 1931 Mail Service Center, Raleigh NC 27699-1931.
- The public hearing on Sept. 17 and the meeting of the Commission for Public Health on Oct. 30 were open to the public.
- The three administrative rules were adopted by the Commission for Public Health at the commission’s meeting on Oct. 30, 2009 at 9:00 a.m. in the Raleigh Marriott Center Hotel, Raleigh.
- The three administrative rules were officially approved by the Rules Review Commission on December 17, 2009.
The three rules are as follows:
1) 10A NCAC 39C .0101 GENERAL PROVISIONS
(a) The purpose of the rules in this subchapter is to implement Part 1C of Article 23 of Chapter 130A of the General Statutes.
(b) The definitions in G.S.130A-492 apply throughout this subchapter. In addition, throughout this subchapter, “Division” means North Carolina Department of Health and Human Services, Division of Public Health.
2) 10A NCAC 39C .0102 EXEMPTION OF CIGAR BARS
(a) Cigar bars shall file an affidavit (see links after item "C" below) with the Division within thirty days after the end of each quarter stating the establishment meets the statutory requirements set forth for cigar bars by G.S.130A-492 and G.S.130A-496. Affidavits shall be sent to the:
Chief, Regulatory and Legal Affairs
N. C. Department of Health and Human Services
Division of Public Health
1931 Mail Service Center
Raleigh, NC 27699-1931
(b) Affidavits submitted in 2010 and each year thereafter shall be post-marked:
(1) By January 31st for the quarter ending December 31st.
(2) By April 30th for the quarter ending March 31st.
(3) By July 31st for the quarter ending June 30th.
(4) By October 31st for the quarter ending September 30th.
(c) Within sixty days after receiving the affidavit the Division shall provide written documentation to the cigar bar on its exemption status under G.S. 130A-496.
Affidavit: Application for Cigar Bar Exemption -
- Establishment Beginning Operation After July 1, 2009 - PDF (15 KB), Word (34 KB)
- Establishment Beginning Operation Before July 1, 2009 - PDF (15 KB), Word (34 KB)
3) 10A NCAC 39C .0103 POSTING SIGNS
The signs required to be posted in restaurants and bars by G.S. 130A-497 shall:
(1) Be posted at each public entrance at a height and location easily seen.
(2) Be at least 24 square inches in size (for example, 4 by 6 inches).
(3) Be in legible font type.
(4) Display:
(a) The Division’s toll-free complaint line telephone number ( Note: 1-800-662-7030).
(b) “G.S.130A-497”.
(c) “ www.smokefree.nc.gov”.
No-Smoking Signs
- Chinese (PDF, 100 KB)
- English
- En Español
- PowerPoint Viewer 2007 (Download from Microsoft to view PowerPoint files if you do not have MS PowerPoint installed.)
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