{"data":{"id":"us-ok/okla.-stat.-tit.-21-21-1247","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 21, § 21-1247","heading":"Smoking in certain public areas, indoor workplaces, and","body":"educational facilities prohibited - Exemptions - Penalty.\n\nA. The possession of lighted tobacco in any form is a public\n\nnuisance and dangerous to public health and is hereby prohibited\n\nwhen such possession is in any indoor place used by or open to the\n\npublic, all parts of a zoo to which the public may be admitted,\n\nwhether indoors or outdoors, public transportation or any indoor\n\nworkplace, except where specifically allowed by law. Commercial\n\nairport operators may prohibit the use of lighted tobacco or lighted\n\nmarijuana or the vaping of marijuana in any area that is open to or\n\nused by the public whether located indoors or outdoors, provided\n\nthat the outdoor area is within one hundred seventy-five (175) feet\n\nfrom an entrance.\n\nAs used in this section, \"indoor workplace\" means any indoor\n\nplace of employment or employment-type service for or at the request\n\nof another individual or individuals, or any public or private\n\nentity, whether part-time or full-time and whether for compensation\n\nor not. Such services shall include, without limitation, any\n\nservice performed by an owner, employee, independent contractor,\n\nagent, partner, proprietor, manager, officer, director, apprentice,\n\ntrainee, associate, servant or volunteer. An indoor workplace\n\nincludes work areas, employee lounges, restrooms, conference rooms,\n\nclassrooms, employee cafeterias, hallways, any other spaces used or\n\nvisited by employees and all space between a floor and ceiling that\n\nis predominantly or totally enclosed by walls or windows, regardless\n\nof doors, doorways, open or closed windows, stairways or the like.\n\nThe provisions of this section shall apply to such indoor workplace\n\nat any given time, whether or not work is being performed.\n\nB. All buildings and other properties, or portions thereof,\n\nowned or operated by this state shall be designated as nonsmoking.\n\nThe tobacco smoking provisions of this subsection shall not apply to\n\nveterans centers operated by this state pursuant to the provisions\n\nof Section 221 et seq. of Title 72 of the Oklahoma Statutes, which\n\nshall be designated nonsmoking effective January 1, 2015, at which\n\ntime veterans centers may establish outdoor designated smoking areas\n\nfor resident veterans only. Smoking tobacco shall only be allowed\n\nin designated outdoor smoking areas.\n\nC. Any building, property or portion of any building or\n\nproperty owned or operated by a county or municipal government, or\n\nany trust or authority with a county or municipal government as the\n\nbeneficiary, at the discretion of the county or municipal governing\n\nbody, may be designated as a smoke-free location. For the purposes\n\nof this subsection, \"smoke-free location\" means a location where the\n\nuse of tobacco, nicotine, marijuana or other lawful products\n\nconsumed in a smoked or vaporized manner are prohibited.\n\nD. All educational facilities or portions thereof as defined in\n\nthe Smoking in Public Places and Indoor Workplaces Act and all\n\neducational facilities as defined in the 24/7 Tobacco-free Schools\n\nAct shall be designated as nonsmoking as provided for in Section 1-\n\n1523 of Title 63 of the Oklahoma Statutes. All campuses, buildings\n\nand grounds, or portions thereof, owned or operated by an\n\ninstitution within The Oklahoma State System of Higher Education may\n\nbe designated as tobacco and marijuana free including smoking or\n\nsmokeless tobacco or smokable or vaporable marijuana, by the\n\ninstitution upon adoption of a policy stating the restrictions for\n\nthe institution and an intent to enforce the penalty for violations\n\nas set forth in subsection M of this section.\n\nE. No tobacco or marijuana smoking or marijuana vaping shall be\n\nallowed within twenty-five (25) feet of the entrance or exit of any\n\nbuilding specified in subsection B, C or D of this section.\n\nF. The restrictions on tobacco smoking provided in this section\ning the restrictions for\n\nthe institution and an intent to enforce the penalty for violations\n\nas set forth in subsection M of this section.\n\nE. No tobacco or marijuana smoking or marijuana vaping shall be\n\nallowed within twenty-five (25) feet of the entrance or exit of any\n\nbuilding specified in subsection B, C or D of this section.\n\nF. The restrictions on tobacco smoking provided in this section\n\nshall not apply to stand-alone bars, stand-alone taverns and cigar\n\nbars as defined in Section 1-1522 of Title 63 of the Oklahoma\n\nStatutes.\n\nG. The restrictions on tobacco smoking provided in this section\n\nshall not apply to the following:\n\n1. The room or rooms where licensed charitable bingo games are\n\nbeing operated, but only during the hours of operation of such\n\ngames;\n\n2. Up to twenty-five percent (25%) of the guest rooms at a\n\nhotel or other lodging establishment;\n\n3. Retail tobacco stores predominantly engaged in the sale of\n\ntobacco products and accessories and in which the sale of other\n\nproducts is merely incidental and in which no food or beverage is\n\nsold or served for consumption on the premises;\n\n4. Workplaces where only the owner or operator of the\n\nworkplace, or the immediate family of the owner or operator,\n\nperforms any work in the workplace, and the workplace has only\n\nincidental public access. \"Incidental public access\" means that a\n\nplace of business has only an occasional person, who is not an\n\nemployee, present at the business to transact business or make a\n\ndelivery. It does not include businesses that depend on walk-in\n\ncustomers for any part of their business;\n\n5. Workplaces occupied exclusively by one or more tobacco\n\nsmokers, if the workplace has only incidental public access;\n\n6. Private offices occupied exclusively by one or more smokers;\n\n7. Workplaces within private residences, except that smoking\n\ntobacco or marijuana or vaping marijuana shall not be allowed inside\n\nany private residence that is used as a licensed child care facility\n\nduring hours of operation;\n\n8. Medical research or treatment centers, if tobacco smoking is\n\nintegral to the research or treatment. Furthermore, the\n\nrestrictions on smoking or vaping of marijuana provided in this\n\nsection shall not apply to medical research or treatment centers, if\n\nmarijuana smoking or vaping is integral to the research or\n\ntreatment;\n\n9. A facility operated by a post or organization of past or\n\npresent members of the Armed Forces of the United States which is\n\nexempt from taxation pursuant to Section 501(c)(8), 501(c)(10) or\n\n501(c)(19) of the Internal Revenue Code, 26 U.S.C., Section\n\n501(c)(8), 501(c)(10) or 501(c)(19), when such facility is utilized\n\nexclusively by its members and their families and for the conduct of\n\npost or organization nonprofit operations except during an event or\n\nactivity which is open to the public; and\n\n10. Any outdoor seating area of a restaurant; provided, smoking\n\ntobacco or smoking or vaping marijuana shall not be allowed within\n\nfifteen (15) feet of any exterior public doorway or any air intake\n\nof a restaurant.\n\nH. An employer not otherwise restricted from doing so may elect\n\nto provide tobacco smoking rooms where no work is performed except\n\nfor cleaning and maintenance during the time the room is not in use\n\nfor tobacco smoking, provided each tobacco smoking room is fully\n\nenclosed and exhausted directly to the outside in such a manner that\n\nno tobacco smoke can drift or circulate into a nonsmoking area. No\n\nexhaust from a tobacco smoking room shall be located within fifteen\nde tobacco smoking rooms where no work is performed except\n\nfor cleaning and maintenance during the time the room is not in use\n\nfor tobacco smoking, provided each tobacco smoking room is fully\n\nenclosed and exhausted directly to the outside in such a manner that\n\nno tobacco smoke can drift or circulate into a nonsmoking area. No\n\nexhaust from a tobacco smoking room shall be located within fifteen\n\n(15) feet of any entrance, exit or air intake.\n\nI. If tobacco smoking is to be permitted in any space exempted\n\nin subsection F or G of this section or in a tobacco smoking room\n\npursuant to subsection H of this section, such tobacco smoking space\n\nmust either occupy the entire enclosed indoor space or, if it shares\n\nthe enclosed space with any nonsmoking areas, the tobacco smoking\n\nspace shall be fully enclosed, exhausted directly to the outside\n\nwith no air from the tobacco smoking space circulated to any\n\nnonsmoking area, and under negative air pressure so that no tobacco\n\nsmoke can drift or circulate into a nonsmoking area when a door to\n\nan adjacent nonsmoking area is opened. Air from a tobacco smoking\n\nroom shall not be exhausted within fifteen (15) feet of any\n\nentrance, exit or air intake. Any employer may choose a more\n\nrestrictive tobacco smoking policy including being totally tobacco\n\nsmoke free.\n\nJ. Notwithstanding any other provision of this section, until\n\nMarch 1, 2006, restaurants may have designated tobacco smoking and\n\nnonsmoking areas or may be designated as being a totally nonsmoking\n\narea. Beginning March 1, 2006, restaurants shall be totally\n\nnonsmoking or may provide nonsmoking areas and designated tobacco\n\nsmoking rooms. Food and beverage may be served in such designated\n\ntobacco smoking rooms which shall be in a location which is fully\n\nenclosed, directly exhausted to the outside, under negative air\n\npressure so tobacco smoke cannot escape when a door is opened, and\n\nno air is recirculated to nonsmoking areas of the building. No\n\nexhaust from such room shall be located within twenty-five (25) feet\n\nof any entrance, exit or air intake. Such room shall be subject to\n\nverification for compliance with the provisions of this subsection\n\nby the State Department of Health.\n\nK. The person who owns or operates a place where tobacco\n\nsmoking or use is prohibited by law shall be responsible for posting\n\na sign or decal, at least four (4) inches by two (2) inches in size,\n\nat each entrance to the building indicating that the place is smoke-\n\nfree or tobacco-free.\n\nL. Responsibility for posting signs or decals shall be as\n\nfollows:\n\n1. In privately owned facilities, the owner or lessee, if a\n\nlessee is in possession of the facilities, shall be responsible;\n\n2. In corporately owned facilities, the manager and/or\n\nsupervisor of the facility involved shall be responsible; and\n\n3. In publicly owned facilities, the manager and/or supervisor\n\nof the facility shall be responsible.\n\nM. Any person who knowingly violates the provisions of this\n\nsection shall be punished by a citation and fine of not more than\n\nOne Hundred Dollars ($100.00).","path":["OK Code","Title 21"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os21.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"78deb0ed8acc458d90105e6b46504047dbb93d6865e6003052cc0d2d6a6cf0fe","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-21-21-1244","next":"us-ok/okla.-stat.-tit.-21-21-1253"},"notice":"GroundRules: Original legal text. Not legal advice."}