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Thelawman2
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can you sue a corporation for not posting no smoking signa

Resolved Question:

can you sue a corporation for not posting no smoking signage?
Submitted: 6 months ago.
Category: Legal
Expert:  Thelawman2 replied 6 months ago.

Thelawman2 :

Let me check the Alaska statutes and cases to see if there is any precedent

Thelawman2 :

These are the places where no smoking signs must be posted in Alaska:

Thelawman2 :
(1) a vehicle of public transportation and a waiting, baggage, or boarding area for a vehicle of public transportation, including a bus, ferry vessel, train, limousine for hire, taxicab, or scheduled interstate or intrastate aircraft flight when consistent with federal law;



(2) a place of employment, a building or other structure, or a portion of them, owned, leased, or operated by the state or a political subdivision of the state, including an office, library, museum, theater, concert hall, convention hall, gymnasium, swimming pool, or other place of entertainment or recreation;



(3) a public or private postsecondary educational institution or adult day care facility;



(4) a courtroom or jury deliberation room;



(5) a room, chamber, or other place under the control of the state senate or state house of representatives while a public meeting or public assembly is not in progress;



(6) a nursing home, rest home, or other residential health care institution or facility, or a public or private office or facility that is engaged primarily in providing mental health services;



(7) a food service establishment that has a seating capacity of at least 50 persons;



(8) a grocery store or other store maintained primarily for the retail sale of food products;



(9) a place of employment in which the owner, manager, proprietor, or other person who has control of the premises posts a sign stating that smoking is prohibited by law;



(10) a correctional facility; and



(11) the Alaska Pioneers' Home or the Alaska Veterans' Home.
Thelawman2 :

And also at these locations:

Thelawman2 :
(1) a public or private elementary or secondary school, preschool, or children's day care facility; if the school, preschool, or day care facility is in a building that is also a private residence, this paragraph applies only during the hours when the residence is being used as an elementary or secondary school, preschool, or children's day care facility and to the rooms used as an elementary or secondary school, preschool, or children's day care facility; if the school, preschool, or day care facility is in a building that includes more than one private residence or units that are not private residences, this paragraph applies only to the private residence in which the elementary or secondary school, preschool, or children's day care facility is located; the prohibition in this paragraph does not apply to a designated smoking area that is properly ventilated or equipped with an exhaust fan in a public or private elementary or secondary school if the area is located in a room where minors are not permitted and a smoking area must be designated in the school to comply with a collective bargaining agreement covering employees who work in the school;



(2) a room, chamber, or other place under the control of the state or a political subdivision of the state while a public meeting or public assembly is in progress;



(3) an office where dental care, health care, or the healing arts are practiced, a public or private laboratory associated with dental care, health care, or the healing arts if the laboratory is located within the same premises as an office where dental care, health care, or the healing arts are practiced, and a public or private hospital, or other nonresidential health care institution or facility; this paragraph does not apply to a public or private office or facility that is engaged primarily in providing mental health services;



(4) an elevator.
Thelawman2 :

However, failure to have the signs is a violation enforced by the government and not by a private citizen.

Thelawman2 :

You can file a report with Commission for the Alaska Department of Public Health

Thelawman2 :

The maximum fine though is $50 and if the corporation does not respond, then it could be an additional $300 per time the corporation ignores the request

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Category: Legal
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