Is smoking still allowed when the space of “private clubs” such as a VFW or American Legion hall is leased?
It depends on if the private club still maintains the following legal requirements of an exempt private club during the temporary lease time: 1) maintains selective members 2) is operated by the membership 3) does not provide food or lodging for pay to anyone who is not a member or a member’s guest, and 4) is incorporated as a nonprofit during the leased time. If a private club leases space on occasion to a group for an activity like bingo, for example, a determination needs to be made as to whether the activity is regulated during the time by the Commission for Public Health food and sanitation laws because food or drink is offered for pay. If the club is regulated by the food and sanitation laws during the lease time of the bingo activity the enclosed area must be smoke-free during that time of the lease period. On the other hand, if for example, the space in the private club is leased to member guests for an activity (e.g. wedding or party) and no food or drink is served for pay the
