2019 Alaska Statutes
Title 18. Health, Safety, Housing, Human Rights, and Public Defender
Chapter 35. Public Accommodations and Facilities
Article 3. Prohibition of Smoking.
Sec. 18.35.399. Definitions.

Universal Citation: AK Stat § 18.35.399 (2019)

In AS 18.35.301 - 18.35.399,

(1) “business” means a for-profit or nonprofit sole proprietorship, partnership, joint venture, corporation, professional corporation, private club, retail seller of goods or services, or other business entity;

(2) “commissioner” means the commissioner of health and social services or the commissioner's designee;

(3) “department” means the Department of Health and Social Services;

(4) “e-cigarette” means any product containing or delivering nicotine or any other substance intended for human consumption that can be used by a person through inhalation of vapor or aerosol from the product, of any size or shape, whether the product is manufactured, distributed, marketed, or sold as an e-cigarette, e-cigar, e-pipe, e-hookah, vape pen, or any other product name or descriptor; “e-cigarette” does not include drugs, devices, or combination products authorized for sale by the United States Food and Drug Administration as those terms are defined in 21 U.S.C. 301 - 392 (Food, Drug, and Cosmetic Act), unless the use of those products simulate smoking or expose others to vapor or aerosol;

(5) “employee” means a person who is employed by a business for compensation or works for a business as a volunteer without compensation;

(6) “employer” means the state, a municipality, a regional educational attendance area, and a person or a business with one or more employees;

(7) “enclosed area” means space between a floor and a ceiling that is bounded on two or more sides by a combination of walls, doorways, windows, or other physical barriers that may be open, partially open, closed, retractable, temporary, or permanent;

(8) “established village” means an area that does not contain any part of an incorporated city or another established village, that is an unincorporated community in the unorganized borough, and that has 25 or more permanent residents;

(9) “health care facility” means an office or institution providing care or treatment for physical, mental, emotional, or other medical, dental, physiological, or psychological diseases or conditions; private, municipal, or state hospital; independent diagnostic testing facility; primary care outpatient facility; skilled nursing facility; kidney disease treatment center, including freestanding hemodialysis units; intermediate care facility; ambulatory surgical facility; Alaska Pioneers' Home or Alaska Veterans' Home administered by the department under AS 47.55; long-term care facility; psychiatric hospital; residential psychiatric treatment center, as defined in AS 18.07.111 or AS 47.32.900; and other facilities, places of employment, or offices operated for use by doctors, nurses, surgeons, chiropractors, physical therapists, physicians, psychiatrists, or dentists or other professional health care providers to provide health care;

(10) “place of employment” means work areas, private offices, hotel and motel rooms, employee lounges, restrooms, conference rooms, classrooms, cafeterias, hallways, vehicles, and other employee work areas that are under the control of an employer;

(11) “public place” includes

(A) an area to which the public is invited or into which the public is admitted;

(B) a place where services, goods, or facilities are offered to the public;

(12) “smoking” means using an e-cigarette or other oral smoking device or inhaling, exhaling, burning, or carrying a lighted or heated cigar, cigarette, pipe, or tobacco or plant product intended for inhalation.

Disclaimer: These codes may not be the most recent version. Alaska may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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