From the Office of John J. Suchy
Division Director of Liquor Control
October 19, 2015

Public Act 15-206: “An Act Regulating Electronic Nicotine Delivery Systems and Vapor Systems” and How It Impacts Liquor Establishments

Effective Date: October 1, 2015

Summary: This act imposes restrictions on the use of “electronic nicotine delivery systems” and “vapor products” (“e-cigarettes”) in certain establishments that are similar to existing restrictions on smoking tobacco products in liquor establishments.

Under the act and existing law, an “electronic nicotine delivery system” is an electronic device used to simulate smoking in delivering nicotine or another substance to a person who inhales from it. Such systems include electronic (1) cigarettes, (2) cigars, (3) cigarillos, (4) pipes, (5) and hookahs. It also includes related devices, cartridges, or other components.

A “vapor product” uses a heating element; power source; electronic circuit; or other electronic, chemical, or mechanical means, regardless of shape or size, to produce a vapor the user inhales. The vapor may or may not include nicotine.

Where Use Is Prohibited As It Relates To Liquor Establishments

The act generally prohibits e-cigarette use in the following places:
E-cigarette use is prohibited in establishments that serve alcohol under the following permits: university; hotel; resort; restaurant; café; juice bar; tavern; railroad; airline; coliseum or coliseum concession; special sporting facility; nonprofit theater or public museum; airport; or airport restaurant, bar, concession, or airline club. E-cigarette use is also prohibited in (1) any club issued a permit after May 1, 2003 to serve alcohol and (2) the bar areas of bowling establishments that hold such a permit.

Exceptions

Under the act, the prohibition on e-cigarette use does not apply to:

• Outdoor portions of places serving alcohol, under certain circumstances (see below)
• Establishments serving alcohol where using e-cigarettes is generally prohibited under the act may allow e-cigarette use in outdoor areas (i. e., areas with no roof or other ceiling enclosure). If they choose to do so, they must prohibit e-cigarette use in at least 75% of outdoor areas where food is served and
• designate such areas with a “nonsmoking” sign. Any temporary seating area for special events in such establishments is not subject to the prohibition on e-cigarette use or signage requirements.
• The act also permits hotel, motel, or similar lodging operators to allow guests to use e-cigarettes in up to 25% of rooms offered as guest accommodations.

Signage

In each room, elevator, area, or building in which e-cigarette use is prohibited by the act, the person in control of the premises must post or have someone post a sign indicating that state law prohibits e-cigarette use. Generally, the signs must have letters at least four inches high with principal strokes at least one-half inch wide. The act exempts elevators, restaurants, establishments that serve alcohol, hotels, motels, other lodgings, and healthcare institutions from the letter-size requirements.

This summary of relevant information for liquor establishments is being provided to assist permittees and backers in their compliance with P.A. 15-206. See in full here.

John J. Suchy, Director of the Liquor Control Division