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Where Nobody May Smoke

Idaho Code § 39-5503 and Idaho Code § 39-5507 — public places and public buildings, the exceptions, and a $17.50 infraction for refusing to stop

No one may smoke in a public place, a publicly owned building or office, or at a public meeting, apart from the places the section lists.

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  • Bars.
  • Shops that mainly sell tobacco.
  • Halls of social, fraternal or religious groups used by their members, and private functions closed to the public.
  • Hotel rooms the management designates for smoking.
  • Home offices, other than child care, taking up less than 50% of the home.

Asked to stop, then asked to leave. The person in charge who sees someone smoking in apparent violation asks them to put it out, and if they persist, to leave. Refusing both is an infraction with a fine of $17.50.

An employer or person in charge who knowingly allows smoking against the chapter commits an infraction with a fine of up to $100. An employer who fires or punishes an employee for complaining to the health or labor department faces a civil penalty of $1,000 to $5,000 for each violation.

An employer may forbid smoking in an enclosed workplace, and need not provide a smoking room. A particular place is a question for the local health district or a licensed Idaho attorney.

Sources for this section (3)
  1. Idaho Code § 39-5503 — Prohibitions — Exceptions
  2. Idaho Code § 39-5506 — Responsibilities of employers
  3. Idaho Code § 39-5507 — Violations

Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Idaho attorney.

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