How will a restaurant, bar or lodging establishment know if it is required to comply with the new smoking law?

The law prohibits smoking in "all enclosed areas of restaurants and bars." In order to understand the scope of the new law, it is important to understand the definitions of the terms "restaurant" and "bar."

Restaurants
The term "restaurant" is defined as "a food and lodging establishment that prepares and serves drink or food as regulated by the Commission [for Public Health] pursuant to Part 6 of Article 8 of [Chapter 130A]." This definition basically encompasses any food service establishment that is required to comply with state public health laws related to sanitation. Most restaurants and some bars fall into this category and will be required to comply with the new smoking law.

Lodging Establishments
The definition of "restaurant" also, somewhat awkwardly, encompasses any lodging establishment that (1) serves food or drink for pay and (2) is required to comply with state public health laws related to food and drink sanitation. Many lodging establishments provide food for guests but the key question is whether the food service rises to the level where a food-related sanitation inspection is required by the health department. The state has some sanitation laws that address only the lodging-related sanitation, such as cleanliness of sleeping rooms and linens. It is a different set of state laws that address sanitation related to food and drink service. If the lodging establishment is required to comply with sanitation laws related to food and drink service, it must also comply with the new smoking law. If a lodging establishment is unsure of its status under either the sanitation laws or the smoking law, it should contact the local health department to request assistance.

Bars
The term "bar" is defined as "an establishment with a permit to sell alcoholic beverages pursuant to subdivision (1), (3), (5), or (10) of G.S. 18B-1001." The permits referenced in this definition allow the bar to serve malt beverages (e.g., beer), wine, or mixed drinks on its premises. As mentioned above, some of these "bars" – those that have sanitation permits related to food and drink service – are also considered "restaurants" based upon the definition in the smoking law. Some other establishments that satisfy the definition of "bar" may not be a "restaurant" but they will still need to comply with the new smoking law.

Exceptions
Some establishments that satisfy the definition of "restaurant" or "bar" may not be required to comply with the new smoking law.