Title 40. Public Health and Safety

Chapter 5-F. Health Provisions: Public Health

Subchapter C. Smoking

Part I. Louisiana Smokefree Air Act

Subpart A. General Provisions

40:1291.3       Definitions


For the purposes of this Part, the following terms shall have the following meanings unless the context clearly indicates otherwise: 


(1) “Bar” means a business that holds a Class A-General retail permit and the primary purpose of such business is to serve alcoholic beverages for consumption by guests on the premises and in which the serving of food is only incidental to the consumption of those beverages, including but not limited to, taverns, nightclubs, cocktail lounges, and cabarets. 


(2) “Business” means any corporation, sole proprietorship, partnership, limited partnership, professional corporation, enterprise, franchise, association, trust, joint venture, or other entity. 


(3) “Department” means the Louisiana Department of Health. 


(4) “Employer” means an individual or a business that employs one or more individuals. 


(5) “Enclosed area” means all space between a floor and ceiling that is enclosed on all sides by solid walls or windows, exclusive of doorways, which extend from the floor to the ceiling. 


(6) “Local governing authority” means a municipal or parish governing authority. 


(7) “Place of employment” means an area under the control of an employer that employees normally frequent during the course of employment, including, but not limited to, work areas, employee lounges, restrooms, conference rooms, meeting rooms, classrooms, employee cafeterias, hallways, and vehicles. A private residence is not a place of employment unless it is used as a licensed child care, adult day care, or healthcare facility. 


(8) “Public building” means any building owned or operated by any of the following: 


(a) The state, including the legislative, executive, and judicial branches of state government. 


(b) Any parish, city, or town, or instrumentality thereof, or any other political subdivision of the state, special district, authority, commission, or agency. 


(c) Any other separate corporate instrumentality or entity of state or local government. 


(9) “Public place” means an enclosed area to which the public is invited or in which the public is permitted which is not a public building, including but not limited to banks, educational facilities, healthcare facilities, hotel and motel lobbies, laundromats, public transportation facilities, reception areas, restaurants, retail food production and marketing establishments, retail service establishments, retail stores, shopping malls, sports arenas, theaters, and waiting rooms. 


(10) “Restaurant” means an eating establishment, including but not limited to, coffee shops, cafeterias, sandwich stands, and school cafeterias, which gives or offers for sale food to the public, guests, or employees, as well as kitchens and catering facilities in which food is prepared on the premises for serving elsewhere. The term “restaurant” shall include a bar located within a restaurant. 


(11) “Retail tobacco business” means a business utilized primarily for the sale of tobacco products and accessories and in which the sale of other products is incidental. 


(12) “School” means any elementary or secondary school building, the campus of any school, any buildings on the campus, and all school buses. 


(13) “Secondhand smoke” means smoke emitted from lighted, smoldering, or burning tobacco when the smoker is not inhaling, smoke emitted at the mouthpiece during puff drawing, and smoke exhaled by the smoker. 


(14) “Smoking” means inhaling, exhaling, burning, carrying, or possessing any lighted tobacco product, including cigarettes, cigars, pipe tobacco, and any other lighted combustible plant material. 


Redesignated from R.S. 40:1300.253 by H.C.R. No. 84 of the 2015 Regular Session. Added by Acts 2006, No. 815, § 1, eff. Jan. 1, 2007. Amended by Acts 2018, No. 206, § 4.