Wash. Rev. Code » Title 70 · Chapter 70.160
Revised Code of Washington

Wash. Rev. Code § 70.160.020 (2026)

Definitions

✓ current as of May 2026 Cite as: Wash. Rev. Code § 70.160.020 (2026)
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As used in this chapter, the following terms have the meanings indicated unless the context clearly indicates otherwise.
(1) "Smoke" or "smoking" means the carrying or smoking of any kind of lighted pipe, cigar, cigarette, or any other lighted smoking equipment.
(2) "Public place" means that portion of any building or vehicle used by and open to the public, regardless of whether the building or vehicle is owned in whole or in part by private persons or entities, the state of Washington, or other public entity, and regardless of whether a fee is charged for admission, and includes a presumptively reasonable minimum distance, as set forth in RCW 70.160.075, of twenty-five feet from entrances, exits, windows that open, and ventilation intakes that serve an enclosed area where smoking is prohibited. A public place does not include a private residence unless the private residence is used to provide licensed child care, foster care, adult care, or other similar social service care on the premises.
Public places include, but are not limited to: Schools, elevators, public conveyances or transportation facilities, museums, concert halls, theaters, auditoriums, exhibition halls, indoor sports arenas, hospitals, nursing homes, health care facilities or clinics, enclosed shopping centers, retail stores, retail service establishments, financial institutions, educational facilities, ticket areas, public hearing facilities, state legislative chambers and immediately adjacent hallways, public restrooms, libraries, restaurants, waiting areas, lobbies, bars, taverns, bowling alleys, skating rinks, casinos, reception areas, and no less than seventy-five percent of the sleeping quarters within a hotel or motel that are rented to guests. A public place does not include a private residence. This chapter is not intended to restrict smoking in private facilities which are occasionally open to the public except upon the occasions when the facility is open to the public.
(3) "Place of employment" means any area under the control of a public or private employer which employees are required to pass through during the course of employment, including, but not limited to: Entrances and exits to the places of employment, and including a presumptively reasonable minimum distance, as set forth in RCW 70.160.075, of twenty-five feet from entrances, exits, windows that open, and ventilation intakes that serve an enclosed area where smoking is prohibited; work areas; restrooms; conference and classrooms; break rooms and cafeterias; and other common areas. A private residence or home-based business, unless used to provide licensed child care, foster care, adult care, or other similar social service care on the premises, is not a place of employment.
[ 2006 c 2 s 2 (Initiative Measure No. 901, approved November 8, 2005); 1985 c 236 s 2.]

Notes:

Captions not law—2006 c 2 (Initiative Measure No. 901): See note following RCW 70.160.011.
Notes of Decisions
Cited in 11 cases, 1988–2015 · leading case: American Legion Post 149 v. WASH. DEPT. OF HEALTH
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American Legion Post 149 v. WASH. DEPT. OF HEALTH (2008) wash · cites it 34× “Former RCW 70.160.020(2) (1985), amended by LAWS OF 2006, ch.”
American Legion Post No. 149 v. Department of Health (2008) wash · cites it 33× “Former RCW 70.160.020(2) (1985), amended by Laws of 2006, ch.”
Curious Theatre Co. v. Colorado Department of Public Health & Environment (2009) colo · cites it 2× “§§ 50-40-103(8), -104 (2009); Wash. Rev. Code § 70.160.020 (2009). Despite the especially broad ban on smoking in Colorado, airport smoking concessions are exempted.”
Utter v. Building Industry Ass'n (2013) washctapp · cites it 6× “(alteration in original) (quoting former RCW 70.160.020(2) (1985), amended by Laws of 2006, ch.”
Association of Washington Spirits & Wine Distributors v. Washington State Liquor Control Board (2015) wash “at 581-82 (alteration in original) (quoting former RCW 70.160.020(2) (1985)). The petitioner argued that because the Act permitted smoking in some facilities but prohibited it in their facility, the Act violated its fundamental “ ‘right to .”
Roe v. TeleTech Customer Care Management (2011) wash “060(4) to read, "Nothing in this chapter requires any accommodation of any on-site medical use of marijuana in any place of employment, in any school bus or on any school grounds, in any youth center, in any correctional facility, or smoking medical marijuana in any public place…”
Roe v. TeleTech Customer Care Management (Colorado) LLC (2011) wash “060(4) to read, “Nothing in this chapter requires any accommodation of any on-site medical use of marijuana in any place of employment, in any school bus or on any school grounds, in any youth center, in any correctional facility, or smoking medical marijuana in any public place…”
McCarthy v. DEPT. OF SOCIAL AND HEALTH SERVS. (1988) wash “See RCW 70.160.020(2) and .060. Several local ordinances, however, have been enacted to fill this void.”
McCarthy v. Department of Social & Health Services (1988) wash “See RCW 70.160.020(2) and .060. Several local ordinances, however, have been enacted to fill this void.”
Robert F. Utter & Faith Ireland, App./x-resp. v. Building Industry Assoc. Of Wa, Resp./x-app. (2013) washctapp · cites it 6× “In 2006, Washington voters enacted Initiative Measure 901, which expanded the prohibition on smoking in public places by amending the definition of a "public place'" to include facilities such as schools, bars, bowling alleys, and casinos.”
Ass'n of Wash. Spirits & Wine Distribs. v. Liquor Control Bd. (2015) wash “at 581-82 (alteration in original) (quoting former RCW 70.160.020(2) (1985)). The petitioner argued that because the Act permitted smoking in some facilities but prohibited it in their facility, that the Act violated its fundamental "'right to .”
— Wash. Rev. Code § 70.160.020(2) — 8 cases
American Legion Post 149 v. WASH. DEPT. OF HEALTH (2008) wash “Former RCW 70.160.020(2) (1985), amended by LAWS OF 2006, ch.”
American Legion Post No. 149 v. Department of Health (2008) wash “Former RCW 70.160.020(2) (1985), amended by Laws of 2006, ch.”
Association of Washington Spirits & Wine Distributors v. Washington State Liquor Control Board (2015) wash “at 581-82 (alteration in original) (quoting former RCW 70.160.020(2) (1985)). The petitioner argued that because the Act permitted smoking in some facilities but prohibited it in their facility, the Act violated its fundamental “ ‘right to .”
Utter v. Building Industry Ass'n (2013) washctapp “(alteration in original) (quoting former RCW 70.160.020(2) (1985), amended by Laws of 2006, ch.”
McCarthy v. DEPT. OF SOCIAL AND HEALTH SERVS. (1988) wash “See RCW 70.160.020(2) and .060. Several local ordinances, however, have been enacted to fill this void.”
— Wash. Rev. Code § 70.160.020(3) — 4 cases
American Legion Post 149 v. WASH. DEPT. OF HEALTH (2008) wash “Former RCW 70.160.020(2) (1985), amended by LAWS OF 2006, ch.”
American Legion Post No. 149 v. Department of Health (2008) wash “Former RCW 70.160.020(2) (1985), amended by Laws of 2006, ch.”
Utter v. Building Industry Ass'n (2013) washctapp “(alteration in original) (quoting former RCW 70.160.020(2) (1985), amended by Laws of 2006, ch.”
Robert F. Utter & Faith Ireland, App./x-resp. v. Building Industry Assoc. Of Wa, Resp./x-app. (2013) washctapp “In 2006, Washington voters enacted Initiative Measure 901, which expanded the prohibition on smoking in public places by amending the definition of a "public place'" to include facilities such as schools, bars, bowling alleys, and casinos.”
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