Wisconsin's Statewide Smoke-Free Air Law
State Statute 101.123, Wisconsin Act 12

Definitions:
	Place of Employment: any indoor place that employees enter carrying out their work duties
	such as office, work area, employee lounge, restroom, conference room,
	meeting room, classroom, elevator, stairway, lobby, common area,
	vehicle, cafeteria, meeting room, or hallway.
	Public Place: any place open to the public or where the public may be invited
	Enclosed Place: a structure or area that has a roof and more than two substantial walls
	Substantial Wall: a wall with no opening or with an opening that either does not allow air in
	from the outside or is less than 25 percent (25%) of the wall's surface area
	Smoking: a cigar, cigarette, pipe or other lighted smoking equipment (Note: E-cigarettes are not
	included)

Enforcement & Fine Structure:
Department of Justice is authorized to enforce the smoke-free law. An individual in violation of
the law will be fined $100 to $250.

Person in charge provisions: A person in charge can't provide matches or ashtrays, must post
adequate signage, ask any person violating the law to stop smoking, ask any person violating
the law to leave, refuse service to any person violating the law in the case of restaurants, bars,
and private clubs, and notify law enforcement if the person refuses to comply. Any person in
charge who violates the law will be fined $100. The first violation requires a warning* and the
maximum daily fine is $100 regardless of the number of violations.

Effective: July 5th, 2010

Limits on local authority to regulate smoking:
Local authorities (city, county, village, towns) may further restrict outside smoking on public
properties such as parks, fairgrounds, and the like. Local authorities may not define the term
reasonable distance or set any set number of feet as being a reasonable distance. Restaurants,
taverns, private clubs, and retail establishments may designate an outside area a reasonable
distance from the main/front entrance where people can smoke.

*Any person in charge who does not take appropriate action as outlined above will also be fined.
Updated as of 6/29/2010

Smoking is prohibited in the following places:
 	State Capitol and immediate vicinity
 	Residence halls of colleges and universities
 	Day care centers and outside of a day care center when children are present
 	Educational facilities
 	Correctional facilities (and on the grounds of juvenile correction facilities)
 	State institutions (mental health, developmentally disabled persons)

	All restaurants and taverns
 	All retail establishments
 	All bowling centers
 	All skating rinks
 	Private clubs (any facility used by an organization that limits membership and is organized
		for recreational, social, political etc. purposes)
 	Common areas of multi-unit residential properties
 	Hotels, motels, bed & breakfasts, and tourist rooming houses
 	All municipal buildings
	 A reasonable distance from smoke-free places and entrances
 	Sports Arenas of all kinds including Lambeau Field, Miller Park, gymnasiums, & swimming
		pools (whether or not they fit the definition of an enclosed space)
	 Bus shelters, public transit
 	Health and medical centers including hospitals, physician�fs offices, treatment centers
 	Inpatient health care facilities (county home, nursing homes, hospice, veteran's home)
 	Theaters
 	All other enclosed places other than list above that are places of employment or public places

Smoking is permitted in the following places:
 	Private residences
 	Certain residence rooms in assisted living facilities which are designated as smoking
 	Tobacco retailers** who generate more than 75% of its revenue from the sale of tobacco
	not including cigarettes
 	Tobacco bars** which generate 15% or more of its revenue from the sale of cigars or pipe
	tobacco (vending machines are not included)
	**Tobacco retailers and tobacco bars must be in existence by 6/3/09; smoking of cigarettes is prohibited

Effective: July 5th, 2010