Can I smoke anywhere in Las Vegas?

Posted by Neil Shouse | Nov 03, 2014 | 0 Comments

No. The Nevada Clean Indoor Air Act (NRS 202.2483) prohibits smoking in several indoor spaces, including:

  • movie theaters;
  • video arcades;
  • government buildings;
  • hospitals;
  • child care facilities;
  • malls and retail establishments;
  • grocery stores (including those with slot machines);
  • indoor places of employment;
  • schools; and
  • restaurants (with the exception of some outdoor areas)

Indoor spaces where Nevada smokers can legally light up include:

  • strip clubs;
  • brothels;
  • stand-alone bars, taverns and saloons that only serve patrons age 21 and up;
  • completely enclosed, age-restricted areas within stand-alone bars, taverns, and saloons that do serve underage patrons;
  • casinos (in areas where minors may not loiter, such as near gaming tables);
  • tobacco stores;
  • private homes (unless it is being used as a health care facility, adult day care or child day care); and
  • areas of a convention facility in which a meeting or trade show is being held, during the time the meeting or trade show is occurring, as long as it (i) is not open to the public, (ii) is being produced by a tobacco-related business or professional association for convenience stores, and (iii) involves tobacco products display.

However, individual property owners and home owners have the authority to ban smoking on their premises even if the law would otherwise permit it. Note that Nevada "no smoking" laws pertain to most types of smoking including:

  • cigarettes;
  • pipes;
  • hookahs; and
  • cigars

Currently, Nevada's indoor smoking ban does not apply to electronic cigarettes. Therefore it is legal to use an e-cigarette indoors unless the owner of that specific property prohibits it.

Smoking in a "no smoking" facility in Nevada is a misdemeanor. The punishment includes up to $1,000 in fines and/or up to 6 months in jail, as well as a $100 civil penalty. For a first time offense, the judge typically imposes only fines. Read more information about Nevada indoor smoking laws.

About the Author

Neil Shouse

Southern California DUI Defense attorney Neil Shouse graduated with honors from UC Berkeley and Harvard Law School (and completed additional graduate studies at MIT).


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