Alaska Smoking Law

Alaska Statute 18.35.300 regulates smoking in certain places. The statute considers smoking in any form a nuisance and a public health hazard and therefore prohibits smoking in public vehicles and indoor places. Some exceptions may apply.

If you do not find information you are looking for, please contact your local Environmental Health Officer.


Alaska Smoking Law FAQs

Where is Smoking Prohibited (In All Portions)?

  • Public, private elementary and secondary schools, pre-schools, and children's day care facilities [except that an employees' smoking area may be designated as long as it complies with
    AS 18.35.305(1)].
  • State and local government public meeting and assembly rooms.
  • Public and private laboratories, dental and health care and healing arts offices, hospitals, and non-residential health care institutions or facilities; and elevators.

What are the Exemptions to the Smoking Law?

Limousines and taxi cabs ONLY when the driver and passengers voluntarily consent and performers on stage as part of a theatrical or entertainment production.

Where is Smoking Regulated (Where May Be Designated as Smoking Area)?

  • Public transportation waiting or boarding areas
  • Public transportation vehicles, including buses, ferries, trains, interstate and intrastate aircraft
  • State and local government facilities, including offices, libraries, museums, theaters, concert halls, convention halls, gymnasiums, swimming pools, entertainment or recreational facilities, buildings owned, leased, or operated by the state or a municipality
  • Public and private post-secondary educational institution or adult day care facility
  • Courtrooms and jury rooms
  • Rooms, chambers or places under the control of the State Senate and House, when not in use for public meetings or assemblies
  • Nursing homes, rest homes, or other residential care institutions, including Pioneers Homes and mental health services offices and facilities
  • Food service establishments that seat 50 or more patrons, including bars that serve food*
  • Correctional facilities
  • Any places of employment posted as non-smoking

*After consultation with Department of Law, "food service establishments" include bars and taverns that serve food (excluding food such as potato chips, popcorn, and nuts).

In Alaska, Which Communities Have Smokefree Workplace Laws?

What are my Rights and Responsiblities as a Smoker?

If you are a smoker, your main responsibilty is that of awareness. Before you light up or move about while smoking, check to see if smoking is prohibited. Since large signs must be conspicuously posted, it should be easy to determine if you are in a smoking-prohibited area.

If you want a smoking area designated, make that request to the person in charge of the facility. That person, however, is not obligated to designate a smoking area. Remember, the law clearly states that everyone's right to clean air takes precedence over your right to smoke in these areas. If the person in charge designates a smoking area, that person must make reasonable accommodations to protect the health of the nonsmokers by separation, partition or ventilation, to ensure that nonsmokers are not subject to second-hand smoke. If the person in charge determines that reasonable accommodations cannot be made by separation, partition or ventilation, the area should remain nonsmoking.

What are my Rights as a Non-Smoker?

The law establishes that your right to clean, smoke-free air supercedes the rights of smokers in certain places. Those areas must be identified by large, conspicuously placed signs. If the person in charge designated a smoking area, he or she must protect your health by ensuring that you are not exposed to second-hand smoke. If this cannot be achieved by separation, partition or ventilation, then the area must remain nonsmoking.

What are my Responsiblities as a Person-in-Charge?

If you are a person in charge of a place or vehicle covered by this law, you have certain legal obligations. A person in charge is generally the proprietor, owner, building manager, chief executive officer, or the agent of that person authorized to supervise the place or vehicle. You may delegate your assignment if the delegate agrees and is clearly identified.

As a person in charge, your first legal obligation is to adequately post your facility by conspicuously displaying an adequate number of signs that read, "Smoking Prohibited by Law -- Maximum Fine $50." (Signs are not required in taxis or limousines). Each sign must include the international symbol for no smoking, and must be at least 18 inches wide by 6 inches high, with lettering at least 1.25 inches high. The Department of Environmental Conservation (DEC) will furnish signs upon request. It is recommended that at least one sign be posted on or near the entry and throughout the facility as needed tn or ventilation that ensures that nonsmokers in the place or vehicle are not subject to second-hand smoke from smokers.

If no reasonable accommodations can be made, for whatever reason, the nonsmoking designation requirement prevails.