Per the VI Code the USVI Department of Health will be enforcing the Smoke-Free Act.
Smoking is prohibited in all “enclosed areas of public places…” within 20 feet from the entrance of the establishment, to include windows and ventilations. The Smoke-free Act prohibits smoking in virtually all workplaces, including restaurants and bars. The Department of Health’s Inspectors/Enforcement Officers will be out in full force to ensure that all business establishments are complying with the Smoking Law. The Smoke-free Act went into effect February 10, 2011, in which all establishments were given notice. This law ensures that employees and patrons are protected from secondhand smoke. Violators will be cited and ticketed, $200.00 to $500.00 and up. Any business found without visibly placed No Smoking signs at the entrance, ashtrays and people actually smoking will be fined at least $1000.00. For more information, or to make a complaint, call the Smoking Ban Hot Line 340-712-6230.
TITLE NINETEEN Health
PART VI. REGULATORY PROVISIONS CONCERNING PUBLIC HEALTH
Chapter 53A. Smoking Ban
19 V.I.C. § 1483 (2016)
§ 1483. Prohibition
(a) Except as provided in section 1484, smoking is prohibited in the Virgin Islands in:
(1) enclosed areas of public places;
(2) enclosed areas of places of employment;
(3) any outdoor service or waiting line and in, and within twenty feet from any point of any service or waiting line; and
(4) and within twenty feet of all outdoor public transportation stations and platform shelters opened to the public.
HISTORY: --Added May 10, 2010, No. 7171, § 1, Sess. L. 2010, p. 78.
V.I.C. § 1486 (2016)
§ 1486. Posting of signs
(a) No "smoking" signs or the international "no smoking" symbol consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a red bar across it must be clearly and conspicuously posted at every entrance of and inside every public place and place of employment where smoking is prohibited under this chapter. All signs necessary to comply with this section must also contain the following sentence: "IT IS ILLEGAL TO SMOKE IN THIS ESTABLISHMENT", and a contact number for the Department of Health to report violations.
(b) Signs reading "SMOKING ALLOWED INSIDE" must be clearly and conspicuously posted at the entrance of cigar factories as defined in section 1482 of this chapter, and inside the facility prominently posted signs must be posted warning that smoking presents a health hazard, as stated by the United States Surgeon General.
HISTORY: --Added May 10, 2010, No. 7171, § 1, Sess. L. 2010, p. 80; amended March 23, 2016, No. 7852, § 2, § 2, Sess. L. 2016, p. --.
V.I.C. § 1487. Responsibilities of proprietors
The proprietor shall take the following measures to prevent smoking in public places or places of employment. The proprietor shall:
(1) Post signs in accordance with section 1486;
(2) Remove matches, cigarette lighters and ashtrays from areas where smoking is prohibited;
(3) Request of any person observed or believed to be smoking in an area where smoking is prohibited to refrain from smoking immediately and, if that person does not refrain from smoking after being asked to do so, the proprietor shall:
(A) Ask the person to leave the premises or establishment;
(B) Discontinue services to the person; and
(C) If the person refuses to leave, manage the situation consistent with the exercise of lawful methods for preserving the peace or preventing the commission of an offense pursuant to 14 V.I.C. § 293.
HISTORY: --Added May 10, 2010, No. 7171, § 1, Sess. L. 2010, p. 80.
19 V.I.C. § 1496 (2016)
§ 1496. Penalties
(a) (1) A person who smokes in an area where smoking is prohibited under section 1483 and where a no-smoking sign has been posted in conformity with this chapter commits an infraction that is a civil offense punishable by a fine in an amount not less than $ 100 and not more than $ 250 for each violation.
(2) A proprietor of a public place or place of employment who violates section 1486 or 1487 commits an infraction that is a civil offense punishable by a fine in an amount:
(A) not less than $ 250 nor more than $ 400 for the first violation;
(B) not less than $ 500 nor more than $ 1000 for the second violation within one year after the first violation;
(C) not less than $ 2,500 nor more than $ 5000 for each subsequent violation within one year after the second violation; and
(D) In addition to the fines established under this section, violations by a proprietor of any public place or place of employment may result in the suspension or revocation of any permit or license issued for the premises on which the violation occurred for violations amounting to an intentional or reckless disregard for the provisions of this chapter.
(3) A proprietor may be issued a warning for a first offense.
(b) Any violation resulting from an intentional or reckless disregard for the provisions of this chapter is punishable by the maximum amount of fines prescribed in subsection (a), paragraph 2, subparagraph (C).
(c) All fines collected under this chapter must be remitted to the Commissioner of Finance and covered into the Health Revolving Fund of the Virgin Islands to be used for training and education programs.
(d) All civil penalties permitted under this chapter may be assessed by the appropriate court; however, if the Commissioner promulgates regulations establishing a procedure for the administrative assessment of civil penalties, the Commissioner may proceed by means of either court assessment or by administrative procedure.
HISTORY: --Added May 10, 2010, No. 7171, § 1, Sess. L. 2010, pp. 85, 86; amended Nov. 24, 2010, No. 7241, § 1(b)(1)-(3), Sess. L. 2010, p. 285.