Wis. Stat. § 101.123
Smoking prohibited
Redline — January 1, 2003 → current.View current text →
Current — January 1, 2019
As of January 1, 2003
(1) Definitions. In this section:
(a) "Educational facility" means any building used principally for educational purposes in which a school is located or a course of instruction or training program is offered that has been approved or licensed by a state agency or board.
(ad) "Day care center" has the meaning given in s. 49.136 (1) (d) .
(am) "Hospital" has the meaning given in s. 50.33 (2) , except that "hospital" does not include a nursing home licensed under s. 50.03 that is operated in connection with a hospital or a retirement home that is operated in connection with a hospital.
(ar) "Immediate vicinity of the state capitol" means the area directly adjacent to the state capitol building, as determined by rule of the department of administration. "Immediate vicinity of the state capitol" does not include any location that is more than one fathom from the state capitol building.
(b) "Inpatient health care facility" means a county home established under s. 49.70 , a county infirmary established under s. 49.72 or a community-based residential facility or a nursing home licensed under s. 50.03 .
(bg) "Jail" means a county jail, rehabilitation facility established by s. 59.53 (8) , county house of correction under s. 303.16 or secure detention facility as defined in s. 48.02 (16) .
(bm) "Lockup facility" has the meaning given in s. 302.30 .
(br) "Motor bus" has the meaning given in s. 340.01 (31) .
(c) "Office" means any area, whether publicly or privately owned or occupied, that serves as a place of work at which the principal activities consist of professional, clerical or administrative services.
(d) "Person in charge" means the person who ultimately controls, governs or directs the activities aboard a public conveyance or within a place where smoking is regulated under this section, regardless of the person's status as owner or lessee.
(dg) "Physician's office" means a place, other than a residence or a hospital, that is used primarily to provide medical care and treatment.
(dm) "Prison" means a prison described in s. 302.01 , except it does not include the correctional institution under s. 301.046 (1) if the institution is the prisoner's place of residence and does not include a Type 2 prison, as defined in s. 301.01 (6) .
(e) "Public conveyance" means mass transit vehicles as defined by s. 340.01 (28m) and school buses as defined by s. 340.01 (56) .
(f) "Restaurant" means an establishment defined in s. 254.61 (5) with a seating capacity of more than 50 persons.
(g) "Retail establishment" means any store or shop in which retail sales is the principal business conducted, except a tavern operating under a "Class B" intoxicating liquor license or Class "B" fermented malt beverages license, and except bowling centers.
(gm) "Retirement home" means a residential facility where 3 or more unrelated adults or their spouses have their principal residence and where support services, including meals from a common kitchen, are available to residents.
(h) "Smoking" means carrying a lighted cigar, cigarette, pipe or any other lighted smoking equipment.
(i) "State institution" means a prison, a mental health institute as defined in s. 51.01 (12) or a center for the developmentally disabled as defined in s. 51.01 (3) .
(j) "Type 1 secured correctional facility" has the meaning given in s. 938.02 (19) .
(2) Regulation of smoking.
(a) Except as provided in sub. (3) , no person may smoke in the following places:
1. Public conveyances.
2. Educational facilities.
3. Inpatient health care facilities.
4. Indoor movie theaters.
5. Offices.
6. Passenger elevators.
7. Restaurants.
8. Retail establishments.
9. Public waiting rooms.
10. Any enclosed, indoor area of a state, county, city, village or town building.
(am)
1. Notwithstanding par. (a) and sub. (3) and except as provided in subd. 2. , no person may smoke in a motor bus, in a hospital or in a physician's office.
2. Notwithstanding subd. 1. , a person who is an adult patient of a hospital or unit of a hospital that has as its primary purpose the care and treatment of mental illness, alcoholism or drug abuse and who has the written permission of a physician may smoke in a room that is designated as a smoking area under sub. (4) (a) 2.
(ar) Notwithstanding par. (a) and sub. (3) , no person may smoke in the state capitol building or in the immediate vicinity of the state capitol.
(b) The prohibition in pars. (a) and (am) 1. applies only to enclosed, indoor areas.
(bm) Notwithstanding par. (a) and sub. (3) , no person may smoke on the premises, indoors or outdoors, of a day care center when children who are receiving day care services are present.
(br) Notwithstanding par. (a) and sub. (3) , no person may smoke in any enclosed, indoor area of a Type 1 secured correctional facility or on the grounds of a Type 1 secured correctional facility.
(bv) Notwithstanding par. (a) and sub. (3) , no person may smoke in a residence hall or dormitory that is owned or operated by the Board of Regents of the University of Wisconsin System or in any location that is 25 feet or less from such a residence hall or dormitory.
(c) This section does not limit the authority of any county, city, village or town to enact ordinances or of any school district to adopt policies that, complying with the purpose of this section, protect the health and comfort of the public.
(3) Exceptions. The regulation of smoking in sub. (2) (a) does not apply to the following places:
(a) Areas designated smoking areas under sub. (4) .
(b) Rooms in which the main occupants are smokers, even if nonsmokers are periodically present in the office or room.
(c) Entire rooms or halls used for private functions, if the arrangements for the function are under the control of the sponsor of the function.
(d) Restaurants holding a "Class B" intoxicating liquor or Class "B" fermented malt beverage license if the sale of intoxicating liquors or fermented malt beverages or both accounts for more than 50% of the restaurant's receipts.
(f) Any area of a facility used principally to manufacture or assemble goods, products or merchandise for sale.
(gg) A Type 2 secured correctional facility, as defined in s. 938.02 (20) .
(gm) The correctional institution under s. 301.046 (1) if the institution is the prisoner's place of residence.
(gr) A Type 2 prison, as defined in s. 301.01 (6) .
(4) Designation of smoking areas.
(a)
1. Except as provided in subd. 2. , a person in charge or his or her agent may designate smoking areas in the places where smoking is regulated under sub. (2) (a) unless a fire marshal, law, ordinance or resolution prohibits smoking.
2. A person in charge or his or her agent may not designate an entire building as a smoking area or designate any smoking areas in the state capitol building, in the immediate vicinity of the state capitol, in a Type 1 secured correctional facility, on the grounds of a Type 1 secured correctional facility, in a motor bus, hospital, or physician's office or on the premises, indoors or outdoors, of a day care center when children who are receiving day care services are present, in a residence hall or dormitory that is owned or operated by the Board of Regents of the University of Wisconsin System or in any location that is 25 feet or less from such a residence hall or dormitory, except that in a hospital or a unit of a hospital that has as its primary purpose the care and treatment of mental illness, alcoholism, or drug abuse a person in charge or his or her agent may designate one or more enclosed rooms with outside ventilation as smoking areas for the use of adult patients who have the written permission of a physician. Subject to this subdivision and sub. (3) (b) , a person in charge or his or her agent may not designate an entire room as a smoking area.
3. This paragraph does not apply to places described in par. (am) .
(am)
1. The secretary of health and family services or his or her designee may designate areas where smoking is permitted in a state institution other than a prison, unless a fire marshal, law or resolution prohibits smoking in the area. The secretary of corrections or his or her designee may designate areas where smoking is permitted in a prison, unless a fire marshal, law or resolution prohibits smoking in the area. Either secretary or his or her designee may designate an entire room as a smoking area in a state institution administered by the secretary's department.
2. A person in charge of a jail or lockup facility, or his or her agent, may designate areas where smoking is permitted in the jail or lockup facility, unless a fire marshal, law or resolution prohibits smoking in the area. The person in charge or his or her agent may designate an entire room in the jail or lockup facility as a smoking area.
3. Except in a prison, jail, or lockup facility, an entire building may not be designated as a smoking area.
(1) Definitions. In this section:
(ab) “Assisted living facility" means a community-based residential facility, as defined in s. 50.01 (1g) , a residential care apartment complex, as defined in s. 50.01 (6d) , or an adult family home, as defined in s. 50.01 (1) (b) .
(abm) “Child care center" has the meaning given in s. 49.136 (1) (ad) .
(ac) “Correctional facility" means any of the following:
1. A state prison, as defined or named in s. 302.01 , except a correctional institution under s. 301.046 (1) or 301.048 (4) (b) if the institution is the prisoner's place of residence and no one is employed there to ensure the prisoner's incarceration.
2. A juvenile detention facility, as defined in s. 938.02 (10r) , a secured residential care center for children and youth, as defined in s. 938.02 (15g) , or a juvenile correctional facility, as defined in s. 938.02 (10p) , except a juvenile correctional facility authorized under s. 938.533 (3) (b) , 938.538 (4) (b) , or 938.539 (5) if the facility is a private residence in which the juvenile is placed and no one is employed there to ensure that the juvenile remains in custody.
3. A jail, as defined in s. 165.85 (2) (bg) , a Huber facility under s. 303.09 , a work camp under s. 303.10 , a reforestation camp under s. 303.07 , or a lockup facility under s. 302.30 .
(ae) “Educational facility" means any building used principally for educational purposes in which a school is located or a course of instruction or training program is offered that has been approved or licensed by a state agency or board.
(aj) Notwithstanding s. 101.01 (5) , “employment" means any trade, occupation, or process of manufacture or any method of carrying on such trade, occupation, or process of manufacture in which any person may be engaged.
(ak) “Enclosed place" means a structure or area that has all of the following:
1. A roof.
2. More than 2 substantial walls.
(ar) “Immediate vicinity of the state capitol" means the area directly adjacent to the state capitol building, as determined by rule of the department of administration. “Immediate vicinity of the state capitol" does not include any location that is more than six feet from the state capitol building.
(b) “Inpatient health care facility" means a hospital, as defined in s. 50.33 (2) , a county home established under s. 49.70 , a county infirmary established under s. 49.72 , a nursing home, as defined in s. 50.01 (3) , a hospice, as defined in s. 50.90 (1) , a Wisconsin veterans home under s. 45.50 , or a treatment facility.
(bn) “Lodging establishment" means any of the following:
1. A bed and breakfast establishment, as defined in s. 97.01 (1g) .
2. A hotel, as defined in s. 97.01 (7) .
3. A tourist rooming house, as defined in s. 97.01 (15k) .
(d) “Person in charge" means the person, or his or her agent, who ultimately controls, governs or directs the activities aboard a public conveyance or at a location where smoking is prohibited or regulated under this section.
(dj) Notwithstanding s. 101.01 (11) , “place of employment" means any enclosed place that employees normally frequent during the course of employment, including an office, a work area, an elevator, an employee lounge, a restroom, a conference room, a meeting room, a classroom, a hallway, a stairway, a lobby, a common area, a vehicle, or an employee cafeteria.
(dn) “Private club" means a facility used by an organization that limits its membership and is organized for a recreational, fraternal, social, patriotic, political, benevolent, or athletic purpose.
(e) “Public conveyance" means a mass transit vehicle as defined in s. 340.01 (28m) , a school bus as defined in s. 340.01 (56) , or any other device by which persons are transported, for hire, on a highway or by rail, water, air, or guidewire within this state, but does not include such a device while providing transportation in interstate commerce.
(eg) “Public place" means any enclosed place that is open to the public, regardless of whether a fee is charged or a place to which the public has lawful access or may be invited.
(f) “Restaurant" has the meaning given in s. 97.01 (14g) .
(g) “Retail establishment" means any store or shop in which retail sales is the principal business conducted.
(gg) “Retail tobacco store" means a retail establishment that does not have a “Class B" intoxicating liquor license or a Class “B" fermented malt beverages license and that generates 75 percent or more of its gross annual income from the retail sale of tobacco products and accessories.
(h) “Smoking" means burning or holding, or inhaling or exhaling smoke from, any of the following items containing tobacco:
1. A lighted cigar.
2. A lighted cigarette.
3. A lighted pipe.
4. Any other lighted smoking equipment.
(hm) “Sports arena" means any stadium, pavilion, gymnasium, swimming pool, skating rink, bowling center, or other building where spectator sporting events are held.
(i) “State institution" means a mental health institute, as defined in s. 51.01 (12) , a center for the developmentally disabled, as defined in s. 51.01 (3) , or a secure mental health facility at which persons are committed under s. 980.06 .
(id) “Substantial wall" means 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 of the wall's surface area.
(im) “Tavern" means an establishment, other than a restaurant, that holds a “Class B" intoxicating liquor license or Class “B" fermented malt beverages license.
(in) “Tobacco bar" means a tavern that generates 15 percent or more of its annual gross income from the sale on the tavern premises, other than from a vending machine, of cigars and tobacco for pipes.
(io) “Tobacco product" means any form of tobacco prepared in a manner suitable for smoking but not including a cigarette.
(ip) “Treatment facility" means a publicly or privately operated inpatient facility that provides treatment of alcoholic, drug dependent, mentally ill, or developmentally disabled persons.
(j) “Type 1 juvenile correctional facility" has the meaning given in s. 938.02 (19) .
(2) Prohibition against smoking.
(a) Except as provided in sub. (3) , no person may smoke in any of the following enclosed places:
1g. The state capitol.
1m. Residence halls or dormitories owned or operated by a college or university.
1r. Child care centers.
2. Educational facilities.
3. Inpatient health care facilities.
4. Theaters.
5m. Correctional facilities.
5t. State institutions.
7. Restaurants.
7m. Taverns.
7r. Private clubs.
8. Retail establishments.
8d. Common areas of multiple-unit residential properties.
8g. Lodging establishments.
8r. State, county, city, village, or town buildings.
9. All enclosed places, other than those listed in subds. 1g. to 8r. , that are places of employment or that are public places.
(d) No person may smoke at any of the following outdoor locations:
1. In the immediate vicinity of the state capitol.
Official source: Wisconsin State Legislature. Reproduced from public-domain Wisconsin statutes; confirm against the official source for the current text. Not legal advice.