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Local governments in North Carolina are prohibited from regulating tobacco use except on their own property, unless they have been granted the specific legal authority from the state legislature. Historically, the state government has been very reluctant to share their constitutional powers with city and county governments. The state legislature feels that a statewide policy is the best way to go instead of having a patchwork of local laws that may conflict with one another as one travels across the state. Other than that, smoking policy is left up to each individual business property owner.
The state voted on the public smoking issue in May of 2007, but it failed to pass by a small margin (55-61). It will be introduced again in the near future and will probably pass. The General Assembly meets every two years and reconvenes in January 2009.
I don't believe it's prohibited, but naturally many restaurants are non-smoking and most of the stores.
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