N.D. Cent. Code § 23-12-10.4
23-12-10.4. Responsibility of proprietors - Reimbursement of costs of compliance
23-12-10.4. Responsibility of proprietors - Reimbursement of costs of compliance
1. The owner, operator, manager, or other person in control of a public place or place of
employment where smoking is prohibited by this Act shall:
a. Clearly and conspicuously post no smoking signs or the international no smoking
symbol in that place.
b. Clearly and conspicuously post at every entrance to that place a sign stating that
smoking is prohibited.
c. Remove all ashtrays from any area where smoking is prohibited, except for
ashtrays displayed for sale and not for use on the premises and ashtrays that are
factory-installed in vehicles.
d. By December 6, 2012, communicate to all existing employees and to all
prospective employees upon their application for employment that smoking is
prohibited in that place.
e. For places under his or her control, direct a person who is smoking in violation of
this Act to extinguish the product being smoked. If the person does not stop
smoking, the owner, operator, manager, or employee shall refuse service and
shall immediately ask the person to leave the premises. If the person in violation
refuses to leave the premises, the owner, operator, manager, or employee shall
immediately report the violation to an enforcement agency identified in this Act.
The refusal of the person to stop smoking or leave the premises in response to
requests made under this section by an owner, operator, manager, or employee
shall not constitute a violation of the Act by the owner, operator, manager, or
employee.
2. The owner, operator, manager, or other person in control of a public place or place of
employment where smoking is prohibited by this chapter may request from the
department of health and human services the signs necessary to comply with the
signage requirements of subsection 1.