The restriction of tobacco consumption in Georgia is regulated by the Law of Georgia on Tobacco Control, whose central emphasis lies on the areas where smoking is prohibited and on the obligations of establishments. This page describes precisely that consumption-control dimension — where smoking is banned, where it is permitted by way of exception, what an establishment must do to secure the ban, and how the cigar bar permit regime operates.
Basic principles of tobacco control
The criteria, requirements, conditions and rules in force in the sphere of tobacco control in Georgia rest on these principles: tobacco is recognized as a product harmful to health; nonsmokers have the right to protection from its harmful effects; the population must be informed about the harm, and information about tobacco products must be transparent.
The law is further grounded in promoting prevention of the cessation and the commencement of consumption, control over the production and sale of tobacco products, reduction of demand and accessibility, the ban on untaxed and impersonal sale, and recognition of non-smoking as a norm of life. Separate emphasis is placed on protecting state health policy from interference by persons engaged in the tobacco industry, and on the impossibility of escaping criminal or civil liability notwithstanding the industry's compliance with the norms in force. The law's tasks also connect to the principles of the World Health Organization Framework Convention on Tobacco Control.
Areas where smoking is prohibited
Smoking is prohibited in buildings of any designation — save for the exceptions provided by law. The prohibition extends to public transport, except the open space of a ship or other navigational means. A special norm protects children: smoking in a motor vehicle is prohibited when a minor is present in it.
The prohibition also covers:
- the buildings and territories of educational, upbringing and educational-upbringing institutions, libraries, youth camps, children's entertainment centers and other institutions intended for persons under 18;
- the buildings and territories of medical and pharmaceutical institutions;
- petrol, gas and gas-distribution stations, and buildings where flammable substances are stored;
- a stadium that has an administration.
Where smoking is permitted by exception
The law clearly identifies the buildings where smoking is allowed: at a natural person's place of residence, if the person actually lives there and it is not a place of entrepreneurial activity; in a specialized laboratory apparatus for studying tobacco smoke; in a penitentiary institution; in a cigar bar organized on the basis of a permit — by smoking cigars and cigarillos only; in a wine cellar; and in a gaming machine salon whose permit fee is set at no less than 200,000 lari and which contains no fewer than 20 gaming machines.
In an airport transit zone, smoking is permissible only in a special smoking room that must have a separate ventilation system, and into which smoke must not pass to other spaces. In stationary psychiatric and palliative care institutions, smoking is allowed by a special order of the head, in a specially designated place. On the territories of higher, vocational, medical and pharmaceutical institutions, smoking is allowed at places designated by the head — their number must not exceed 3, and the area of each place must not be more than 20 square meters.
In a professional theater building, an actor may smoke only during a performance, for the realization of the director's creative concept — and the audience must be informed about the harm before the performance begins. It is prohibited to demonstrate smoking or its other forms through the mass media — except for the accidental appearance of a smoker in frame during a live broadcast in open space, and for the anti-tobacco social spots established by law.
Obligations of establishments
Every establishment — a legal person, entrepreneurial subject, public institution, including a state organ and municipal organ — must ensure the smoking ban in the building or territory where it operates; must not allow the presence of smoke, aerosol, ash or butts, or the placement of hookahs and ashtrays; must develop and approve relevant rules; and must place, at every entrance, an inscription, sign and contact information for complaints about violations.
Upon discovering a fact of smoking, the establishment is obliged to suppress it immediately, within the powers granted to it by law. The driver, owner or holder of public transport must comply with the smoking ban rules in that transport and suppress violations of these rules.
The cigar bar permit regime
The permit for organizing a cigar bar is issued, cancelled and amended by the Revenue Service in accordance with the Law on Licences and Permits and the Law on Tobacco Control. The permit is issued for 4 years, and its transfer to another person is prohibited. The admission of minors to a cigar bar is prohibited, and no product other than cigars, cigarillos and drinks may be offered to a consumer for tasting, as a gift or for sale.
Together with the application, the permit seeker must submit an ownership document; documents confirming that the cigar bar will be located in an isolated building or an isolated part of a building, connected by a deaf wall, with a separate entrance and ventilation so that smoke cannot enter other parts; a document on the proper operation of the ventilation; a document of possession of an electric supply apparatus; and information on the training of staff. The permit holder must, after 1 year and every subsequent year, submit information that at least 15 percent of annual turnover was constituted by revenue from the sale of cigars.
Liability and state control
For violation of this law, natural and legal persons bear liability in the manner established by Georgian legislation — the law itself does not set specific fine amounts, so concrete sanctions must be verified against other legislative acts. State control over the implementation of the law is exercised in accordance with Georgian legislation, and authorized institutions may, where necessary, develop and issue relevant legal acts.
For an establishment and an entrepreneur, correct administration of the bans not only reduces the risk of fines — it also builds consumer trust. Developing the rules for the smoking regime with a lawyer's participation is the shortest path to full compliance with the law's requirements.