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Nevada Smoking Ban Including Food Service, Question 5 (2006)

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The Nevada Smoking Ban Including Food Service Question, also known as Question 5 or the Clean Indoor Act, was an initiated state statute on the November 7, 2006 ballot in Nevada, where it was approved.

Election results

Question 5 (Clean Indoor Act)
Approveda Yes 310,524 53.92%

Official results via: Nevada Legislative Counsel Bureau - Research Division

Text of measure

The question as it appeared on the ballot:

Shall Chapter 202 of the Nevada Revised Statutes be amended in order to prohibit smoking tobacco in certain public places, in all bars with a food-handling license, but excluding gaming areas of casinos and certain other locations?[1]

The language that appeared in the voter's guide:

The proposed amendment, if passed, would prohibit smoking tobacco within indoor places of employment including the following locations: child care facilities; movie theaters; video arcades; government buildings; public places; malls; retail establishments; all parts of grocery stores; all bars with a food-handling license; and all indoor restaurants. Smoking tobacco would also be prohibited within school buildings and on school property.
Smoking tobacco would continue to be allowed at the following locations: areas within casinos where loitering by minors is prohibited; stand-alone bars, taverns and saloons; strip clubs or brothels; retail tobacco stores; and private residences, including a private residence that serves as an office workplace. A stand-alone bar, tavern or saloon means an establishment devoted primarily to the sale of alcohol, in which food service is limited to the sale of prepackaged food items that are exempt from Nevada food-handling license requirements.
The proposed amendment would also allow a county, city or town to adopt tobacco control measures stricter than those provided in the text of the Question itself.
The proposed amendment would also require "no smoking" signs to be conspicuously posted at locations where smoking tobacco is prohibited.[1]


The Act says that smoking tobacco in any form is prohibited within indoor places of employment including:

  • Public and private school buildings and on public and private school grounds
  • Child care facilities with five or more children
  • All areas of grocery stores, convenience stores and drug stores
  • All indoor areas within restaurants, including those in casinos or gaming establishments
  • Bars, taverns and saloons that serve food
  • Shopping malls and retail establishments
  • Video arcades
  • Government buildings and public places
  • Movie theaters.

The Act states that smoking is permitted in:

  • Areas within casinos where loitering by minors is already prohibited by state law per NRS 463.350
  • Stand-alone bars, taverns and saloons that do not serve food
  • Strip clubs and brothels
  • Retail tobacco stores
  • Private residences.[2]

Legislative repeal possible

Senate Bill 372 was introduced in the Nevada State Senate in 2009. SB372 revises the 2006 ban enacted by voters to allow for smoking in bars that serve food as long as minors are restricted from entry. Under SB372, businesses are also allowed to wall off smoking rooms that are separately ventilated.

Kendall Stagg, a leading supporter of the 2006 initiative, has petitioned the Nevada Supreme Court to halt hearings on SB372 on the grounds that the Nevada Constitution does not allow legislative tampering within three years from the time an approved ballot initiative takes place.[3]

Campaign finance

Donors to the campaign for the measure:[4]

  • Nevadans for Tobacco Free Kids: $617,038
  • Total: $617,038

Path to the ballot

The initiative of Question 5 was challenged by another initiative that would become Question 4. Question 4 hoped to propose a ban that would be less-restrictive than its counterpart, namely by allowing smoking in bars and other such venues that serve food but also contain gambling alcoves. Both proposals offered exemptions to casinos. It was stated that if both initiatives where approved by voters, the one which garnered the most votes would be taken into effect.[5]

See also

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External links


Portions of this article were taken from Wikipedia, the free encyclopedia