Kenton County's Smoke-Free Law: Exemptions

Frequently Asked Questions

What businesses are exempted from the law?
Private clubs are exempt from the ordinance if they meet all of the following requirements:

• The building or establishment is used exclusively for club purposes at all times

• The club is not operated for monetary gain

• The organization is governed by a board of directors or similar body chosen by the members at an annual meeting

• The group has established bylaws and/or a constitution to govern its activities

• The club has an exemption from paying federal income tax under 26 U.S.C. Section 501

·     The exemption does not apply to private clubs when being used for a function to which the general public is invited.

Drinking establishments are exempt from the ordinance if they meet the following requirements:

1.    No one under 18 is admitted or employed at the establishment and it is licensed to operate under KRS Chapter 241 to 244

OR

2.   After 4 p.m., no one under 18 is admitted or employed at the establishment and it is licensed to operate under KRS Chapter 241 to 244, and prior to 4 p.m. it is smoke-free and meets all ordinance requirements. (split-shift operation)

OR

3.    It is an enclosed area within an establishment that:

• Is licensed under KRS Chapter 241 to 244

• Is a physically connected or directly adjacent enclosed area which is separate from the rest of the establishment

• Has a separate air system

• Has a separate entrance

• Denies access to any person under the age of 18 and does not employ anyone under the age of 18

How does a business qualify for exempted status?
Establishments that believe they meet the requirements for exemption are to complete and submit the related document to the Health Department. These forms will be available soon on this Web site. Forms will also be available at any Health Department site in Kenton County.

What items must be submitted to the Northern Kentucky Health Department:
Private clubs

• Request for Exemption by Private Club to Kenton County Smoking Ordinance Form

• Copy of organization’s by-laws and/or constitution

• Verification of federal income tax exemption per 26 U.S.C. Section 501

Drinking establishments

• Claim of Exemption by Drinking Establishment from Kenton County Smoking Ordinance Form

• Owner may later be required to show verification by HVAC professional of separate air system, if deemed necessary

List of establishments with exemptions

Kenton County's Smoke-Free Law: Main page