Frequently Asked Questions
Questions and Answers: Local Government Authority
Aimee N. Wall, UNC School of Government (July 2009)
How will a member of the public know if a restaurant or bar is required to comply with the new smoking law?
Any restaurant or bar that is inspected and permitted by a local health department must comply with the smoking law. When a representative of the local health department has conducted a sanitation inspection, the representative must post a sanitation score or “grade card” “in a conspicuous place…where it may be readily observed by the public upon entering the establishment….” G.S. 130A-249. Therefore, if a patron of a restaurant or bar sees a sanitation grade card posted, the patron will know that the restaurant or bar must comply with the smoking law.
If, upon entering a restaurant or bar, no grade card is visible, the facility may:
- Be a “bar” that is not required to comply with the state’s sanitation law;
- Be subject to one of the applicable exceptions (see Question 10); or
- Be out of compliance with the grade card requirement.
If a restaurant or bar is required to comply with the sanitation and smoking laws but does not have a grade card or “no smoking” sign posted, a member of the public may notify the local health department.
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