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Frequently Asked Questions
Questions and Answers: Local Government Authority
Aimee N. Wall, UNC School of Government (July 2009)
May a local government adopt a local law that differs from the statewide smoking law?
Yes. A local government may adopt a local law restricting or prohibiting smoking that is more restrictive than the state law. In other words, the local law can place zmore restrictions on smoking or prohibit smoking in more places than is currently provided for in the state law. The local law may not reduce or take away restrictions and prohibitions provided for in the state law.
This local authority extends only to the following locations:
- Local government buildings,
- Unenclosed areas owned, leased, or occupied by the local government,
- In passenger-carrying vehicles owned, leased, or otherwise controlled by local government and assigned permanently or temporarily by local government to local government employees, agencies, institutions, or facilities for official local government business, and
- Enclosed areas to which the public is invited or in which the public is permitted (i.e., “public places”).
The local governments may not, however, adopt a local law that restricts or prohibits smoking in the following places:
- A private residence,
- A private vehicle,
- A tobacco shop (subject to limitations provided for in the law),
- Property of a tobacco leaf grower or tobacco products processer or manufacturer,
- A motion picture, television, theater, or other live production set, with respect to the actor or performer portraying the use of tobacco products during the production,
- Designated smoking guest rooms in lodging establishments (up to 20% of the guest rooms),
- Cigar bars (as provided in the state law, see Question 10 for additional details), and
- Private clubs, including country clubs (as provided in the state law; see Question 10 for additional details).
Back to Regulation of Smoking by NC Local Governments
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