Alabama •
No statewide smoking ban. Instead, Alabama's 2003 statewide smoking law, the Alabama Clean Indoor Air Act, generally prohibits smoking in public places and public meetings unless a smoking area is designated that in certain places must be "enclosed and well ventilated". Warning signs must be posted appropriately. Bars, lounges, retail tobacco stores, limousines under private hire, designated hotel/motel smoking rooms, and psychiatric facilities are entirely exempt from the Act's regulation. and the
Alabama Court of Criminal Appeals reiterated this in August 2009. •
Localities in Alabama with smoking bans that include all bars and restaurants (36 total): •
Albertville, November 12, 2010, banned in all enclosed workplaces, including bars and restaurants
American Samoa •
Territory-wide smoking ban. On October 20, 2010,
Governor Togiola Tulafono signed into law the
American Samoa Smoke Free Environment Act, a
Fono (Legislature) bill passed earlier in the year. The bill went into effect on January 20, 2011.
Arizona •
Statewide smoking ban: On May 1, 2007, the Smoke Free Arizona Act (Proposition 201) went into effect after passage by 54.7% of voters the prior November, banning smoking in all enclosed workplaces and within of an entrance or exit of such a place, including bars and restaurants, only exempting private residences, retail tobacco stores, private clubs, smoking associated with
American Indian religious ceremonies, outdoor patios, and stage/film/television performances. The law does not cover businesses located on
Indian Reservations, as the reservations are sovereign nations; but local governments may enact stricter regulations than the state. •
Other local smoking regulations in Arizona: •
Flagstaff, May 1, 2005, banned in all parks, cemeteries, and enclosed workplaces. Retail tobacco stores were not exempted from this city ordinance. •
Goodyear, July 1, 2009, banned in all parks. •
Mesa, July 1, 1996, banned in amphitheaters, stadiums, and all waiting lines (such as the ones present outside movie theaters). Local governments may regulate smoking more stringently than the state law. At the same time, the Arkansas Protection from Secondhand Smoke for Children Act of 2006 went into effect, prohibiting smoking in a motor vehicle carrying a child under age six years old who weighs less than 60 pounds and is in a car seat. •
Localities in Arkansas with smoking bans that include all bars and restaurants (3 total): •
Fairfield Bay, January 29, 2006, banned in all enclosed workplaces, including bars and restaurants Effective January 1, 2004, California bill AB846 bans smoking within of the entrance or operable window of a public building ("public building" means a building owned and occupied, or leased and occupied, by the state, a county, a city, a city and county, or a California Community College district.) The law also prohibits smoking in state owned vehicles. Additionally, effective January 1, 2008, smoking in a moving vehicle while in the presence of a minor (18 years or younger) is an
infraction; the charge is not serious enough to be pulled over, and only can be cited along with a stricter offense, such as a moving violation or traffic accident. Local jurisdictions may regulate smoking more strictly than the state. Many California communities have established smoke-free registries for private residential
apartment buildings, which range from complexes where smoking is entirely prohibited (whether inside private dwellings or outside) to those where certain sections of dwellings may be designated as smoking dwellings. Most California cities allow landlords to regulate smoking at will. •
Alameda, January 2, 2012, banned in commercial areas, recreation areas (parks, trails beaches, sports fields), service areas (bus stops, ticket lines, ATMs), dining areas, public event spaces, entryways, and many workplaces including 90% of hotel/motel guest rooms, small businesses with fewer than five employees, tobacco shops, hookah bars, medical research sites, work vehicles, theatrical production sites, and all outdoor worksites. On January 1, 2013, the ban expanded to include all multi-unit housing. •
Belmont, October 9, 2007, banned in parks and other public places, as well as inside apartments and condominiums. •
Berkeley, March 26, 2008, banned on all commercially zoned sidewalks, and within of a bus stop. As of May 2014, banned in apartments and condos. •
Beverly Hills, October 1, 2007, banned in all outdoor dining areas. •
Burbank, April 2007, banned in most public places including Downtown Burbank, outdoor dining & shopping areas, parks, service lines, and within of all building entrances/exits. •
Calabasas, 2006, banned in all indoor and outdoor public places, except for a handful of scattered, designated outdoor smoking areas in town. Believed to be the strictest ban in the United States. •
Davis, The Davis City Code prohibits smoking in a wide variety of locations open to the public. •
El Cajon, August 14, 2007, banned on city streets, in outdoor patios in restaurants, and outside of the local shopping mall. Anyone caught smoking in public areas will faces a fine of up to $500. The city previously outlawed smoking in parks, and also requires businesses that sell tobacco products to obtain a city license. •
El Cerrito, January 1, 2015, banned in all public places, commercial areas, and multi-unit residences and within 25 feet of any of these. •
Escondido, in 2005, increased the state prohibition on smoking within of an entrance to a public place to outside city-owned buildings. In 2009, the city, at the urging of local students, banned smoking in parks, city open spaces, and trails, including the parking areas for these city properties. •
Glendale, October 7, 2008, banned smoking in/on and within from: all city property (except streets and sidewalks); city vehicles and public transportation vehicles; city public transit stations; places of employment; enclosed public places; non-enclosed public places; and common areas of multi-unit rental housing. Some of the areas where smoking is prohibited are authorized to have smoking-permitted areas, subject to regulations. Also, landlords in Glendale are required to provide disclosure to a prospective renter, prior to signing a lease, as to the location of possible sources of
second-hand smoke, relative to the unit that they are renting. •
Hermosa Beach, March 1, 2012, banned at all of Hermosa's outdoor dining areas, the popular Pier Plaza, the city pier, the Strand, the greenbelt parkway, and all city parks and parking lots. Smoking already is outlawed on the city-owned beach. •
Irvine has banned all smoking and vaping in all public places within the city. •
Loma Linda, July 25, 2008, banned on all sidewalks, streets, common areas in shopping centers, bus stops, parks, restaurant patios, theaters, City Hall, and 80% of motel rooms and apartment units. Exempts the federally controlled VA hospital grounds, and smoking in cars traveling in the city. •
Laguna Beach, California Bans smoking throughout the city including city beaches, parks, sidewalks, bike paths, alleys and in parking structures. The only places people are allowed to smoke are in inside homes and cars as of May 23, 2017. •
Long Beach, California bans smoking in all city parks, at or within 20 feet of bus stops, and at farmers' markets. •
Los Angeles, 2007, banned in all city parks, and, 2011, all outdoor dining areas. •
Marin County, May 23, 2012, banned in all condos and apartments, as well as all patios within residential units. Anyone caught smoking will face a $100 fine and will be sentenced to five days of community service. A second offense warrants a $300 fine and ten days of community service, and a third offense being $700 fine and fifteen days of community service. Landlords may opt out of smoking restrictions by designating 20 percent of their units reserved for smoking and may permit e-cigarettes to be used inside apartments and condos. All other outdoor areas, including bar and restaurant patios, and private homes that are not of multi-unit residences and smoking in cars are exempt from the ban. •
Oakland, bans smoking within 25 feet of an entrance, exit, window, or air intake of the building of most enclosed places where smoking is prohibited (e.g., workplaces, service areas, common areas and no-smoking units of multi-unit housing); exemption is made outside of bars provided the smoke does not enter prohibited areas. Smoking is also banned in certain unenclosed areas, including service areas (e.g., bus stops, cab stands, ATMs). • Palm Springs, April 2011, banned smoking in all city parks. •
Pasadena, October 27, 2008, banned smoking in certain outdoor areas, including shopping malls, unenclosed areas of bars and restaurants, service waiting lines (e.g. ATMs, bus stops, etc.) and within from them, and within of doorways, windows, or ventilation areas of enclosed places where smoking is banned. Also banned smoking in multi-unit housing, owned or leased, and all public events, including the Rose Parade. •
San Diego, July 11, 2006, banned smoking at all City of San Diego beaches and parks, including all beaches from
La Jolla to Sunset Cliffs. •
San Francisco, January 2005, banned smoking in all city parks. January 2013, banned smoking at all outdoor "street fairs and festivals", with exceptions for legal medical marijuana and small neighborhood block parties. •
San Jose, October 2007, banned in all city parks. •
San Luis Obispo, August 2, 1990, became the first city in the world to ban smoking in all public buildings. On January 15, 2010, the city's municipal code amendment included city parks and outdoor recreational facilities as smoke-free areas. In April 2010, City Council adopted an ordinance that bans smoking in all areas frequented by the public, with limited exceptions, including unenclosed areas at certain drinking establishments. •
Santa Barbara & Goleta, Local laws in Santa Barbara County and in the City of Goleta prohibit smoking within 30 feet of any building or area where smoking is prohibited. Ashtrays are also banned within a 30-foot smoke-free area. •
Santa Monica, 2006, banned smoking within of entrances, exits, or operable windows of a public building (such as City Hall and the courthouse); in local parks (including parking lots); on the Third Street Promenade; on local beaches; and on the Santa Monica Pier (except within designated zones). In 2012, the California Legislature passed the following into law, California Civil Code Section 1947.5. (a) A landlord of a residential dwelling unit, as defined in Section 1940, or his or her agent, may prohibit the smoking of a cigarette, as defined in Section 104556 of the Health and Safety Code, or other tobacco product on the property or in any building or portion of the building, including any dwelling unit, other interior or exterior area, or the premises on which it is located, in accordance with this article. (b) (1) Every lease or rental agreement entered into on or after January 1, 2012, for a residential dwelling unit on property on any portion of which the landlord has prohibited the smoking of cigarettes or other tobacco products pursuant to this article shall include a provision that specifies the areas on the property where smoking is prohibited, if the lessee has not previously occupied the dwelling unit. (2) For a lease or rental agreement entered into before January 1, 2012, a prohibition against the smoking of cigarettes or other tobacco products in any portion of the property in which smoking was previously permitted shall constitute a change of the terms of tenancy, requiring adequate notice in writing, to be provided in the manner prescribed in Section 827. (c) A landlord who exercises the authority provided in subdivision (a) to prohibit smoking shall be subject to federal, state, and local requirements governing changes to the terms of a lease or rental agreement for tenants with leases or rental agreements that are in existence at the time that the policy limiting or prohibiting smoking is adopted. (d) This section shall not be construed to preempt any local ordinance in effect on or before January 1, 2012, or any provision of a local ordinance in effect on or after January 1, 2012, that restricts the smoking of cigarettes or other tobacco products. (e) A limitation or prohibition of the use of any tobacco product shall not affect any other term or condition of the tenancy, nor shall this section be construed to require statutory authority to establish or enforce any other lawful term or condition of the tenancy. (Added by Stats. 2011, Ch. 264, Sec. 2. Effective January 1, 2012.)
Colorado , tobacco smoking, and
cannabis smoking are prohibited •
Statewide smoking ban: On July 1, 2006, the Colorado Clean Indoor Air Act went into effect, banning smoking in all enclosed workplaces statewide, including bars and restaurants. Casinos, initially exempt, were added to the ban January 1, 2008. The Act only exempts private residences and automobiles unless used for the public transportation of children or as part of healthcare or daycare, limousines under private hire, hotel/motel rooms designated as smoking rooms, retail tobacco stores, cigar bars, designated areas in airports, outdoor areas, workplaces not open to the public where the employer employs three or fewer employees, private nonresidential buildings on a farm or ranch that has annual gross income of less than $500,000, and designated areas in nursing homes. Local governments may regulate smoking more strictly than the state. A judge has ruled that a bar sharing common indoor space with a tobacco shop is also exempt from the ban.
Connecticut •
Statewide smoking ban: On October 1, 2003, the Clean Indoor Air Act went into effect, banning smoking statewide in bars and restaurants (bars, cafes, and bowling alleys were exempt until April 1, 2004). The Act exempts areas of businesses where tobacco products are developed and tested, cigar bars (a business that has a liquor permit and generated at least 10% of its 2002 gross income from on-site sales of tobacco products or humidor rentals and has not changed its size or location after December 31, 2002), and public housing projects. Local governments are
preempted from regulating smoking at all. The Act exempts private homes and automobiles not used for childcare or daycare or the public transportation of children, rented social halls while being rented, limousines under private hire, hotel/motel rooms designated as smoking rooms, fundraising activities sponsored by an ambulance or fire company while on property owned or leased by the company, and fundraising activities sponsored by a fraternal benefit society taking place upon property owned or leased by the society.
District of Columbia •
District-wide smoking ban: Effective January 2007, smoking is banned in bars, restaurants, and other public places in the District of Columbia; exempts outdoor areas, designated hotel/motel rooms, retail tobacco stores, cigar bars, hookah bars, and businesses that can show they receive 10% or more of their annual revenue from tobacco sales, excluding cigarette machines.
Florida •
Statewide smoking ban excluding bars: On July 1, 2003, a constitutional amendment passed by voters came into effect which banned smoking statewide in all enclosed workplaces in Florida, exempting private residences, retail tobacco shops, designated smoking rooms in hotels/motels, stand-alone bars with no more than 10% of revenue from food sales, rooms used for quit-smoking programs and medical research, and designated smoking areas in customs transit areas under the authority of the U.S. Department of Homeland Security. Local governments are generally preempted from regulating smoking, however a law passed in 2022 allows for local governments to restrict smoking in public parks and on beaches.
Georgia in
Sandy Springs, Georgia •
No statewide smoking ban. Instead, Georgia's 2005 statewide smoking law, the Georgia Smokefree Air Act, prohibits smoking in all enclosed public places in Georgia, except each of the following: designated smoking areas in non-work areas of businesses that are separately ventilated, bars and restaurants where persons under 18 years of age are not employed or permitted to enter, separately enclosed smoking rooms in any bar or restaurant, private residences not used as healthcare or child daycare facilities, hotel/motel rooms designated as smoking rooms, retail tobacco stores, nursing homes, outdoor areas, designated areas in international airports, workplaces of a tobacco manufacturer or other tobacco business, privately owned meeting and assembly rooms during private functions where persons under 18 are not allowed, and areas of private places of employment (other than medical facilities) that are open to the general public by appointment only. Local governments may regulate smoking more strictly than the state. Buildings in which smoking is banned under the Act may have an outdoor smoking area that is located a reasonable distance from any entrance, exit, window, vent, or air intake system, but any ashtrays located there must be placed a reasonable distance away. •
Buena Vista, April 2, 2004, banned in all enclosed workplaces, including bars and restaurants •
Snellville, April 1, 2004, banned in bars and restaurants, but not other workplaces In 2009, a new act went into effect, additionally banning smoking within 20 feet of public buildings.
Hawaii •
Statewide smoking ban: On November 16, 2006, smoking was banned statewide in all enclosed or partially enclosed workplaces in Hawaii, including the indoor and outdoor portions of all bars and restaurants. The law exempts private residences not used as a healthcare or daycare facility, hotel/motel rooms designated as smoking rooms, retail tobacco stores, designated rooms in nursing homes, outdoor places of employment not part of bars or restaurants, any place where smoking is part of a production being filmed, and state correctional facilities. Smoking is prohibited within of the entrance/exit of a place where the law prohibits smoking indoors. Fines range from $50 for a person caught smoking in violation of the law, to between $100 and $500 for an establishment caught allowing smoking in violation of the law. Counties may regulate smoking more strictly than the state. •
Hawaii County, March 13, 2008, banned in public recreational areas, such as parks and beaches.
Idaho •
Statewide ban excluding bars and some workplaces: On July 1, 2004, the Clean Indoor Air Act went into effect, banning smoking statewide in all enclosed public places, except in bars, retail tobacco stores, private clubs when used by members or their guests/families, designated smoking rooms in hotels/motels, facilities rented/leased for private functions, theatrical productions, areas of owner-operated businesses with no employees besides the owners not generally open to the public, offices (other than childcare facilities) within private homes, veterans homes, bowling alleys (until July 2007), and designated breakrooms in businesses with 5 or fewer employees (as long as they are separate from work areas and minors are not allowed). Local governments may regulate smoking more strictly than the state. •
Boise, January 2, 2012, banned in all enclosed workplaces, including bars and private clubs, as well as in any public outdoor space accessible to children and in all spaces owned by the public, including parks. •
Moscow, August 4, 2009, banned in bars and private clubs, but not other workplaces.
Illinois •
Statewide smoking ban: On January 1, 2008, the
Smoke Free Illinois Act went into effect, banning smoking in all enclosed workplaces, including bars, restaurants, and casinos, and within of such places; exempts certain retail tobacco stores, private and semiprivate rooms in nursing homes occupied exclusively by smokers, enclosed and semi-enclosed temporary structures attached or adjacent to bars and restaurants, no more than 25% of designated smoking rooms in hotels/motels on the same floor, and private residences. Smoking is prohibited in private residences when defined as a place of employment such as when used for child care or foster care. The Chicago Clean Indoor Air Act was updated to mention
e-cigarettes in 2014, making it the first
major U.S. city to legislate e-cigarette use. The
Chicago Park District's Board of Commissioners has discussed banning all forms of smoking in Chicago parks, beaches, play lots and other facilities, but there is not yet a municipal ordinance.
Indiana •
Statewide smoking ban excluding bars and some restaurants Effective July 1, 2012, after having been signed into law by
Governor Mitch Daniels on March 19, 2012, Indiana's 1993 statewide Clean Indoor Air Law was repealed and replaced by a new chapter of the Indiana Code titled "Prohibition on Smoking." The new chapter bans smoking in all enclosed public places and workplaces in Indiana and within of an entrance thereto, except as exempted. The law exempts: (1)
horse racing facilities including off-track betting parlors; (2)
riverboats; (3) all indoor portions of casinos and other licensed gaming facilities; (4)
cigar bars and
hookah lounges; (5)
private clubs; (6) retail tobacco stores; (7) bars and taverns (defined as
any business with a liquor license that does not allow in persons under 21 years of age); and (8) cigar manufacturers. •
North Manchester, August 31, 2018, banned in all enclosed workplaces, including bars and restaurants •
Terre Haute, July 1, 2012, banned in all enclosed workplaces, including bars and restaurants The Act does not legislate smoking in public parks. The Act exempts private residences while not being used as a childcare or healthcare facility, outdoor areas where smoking is not specifically prohibited, hotel/motel rooms designated as smoking rooms, retail tobacco stores, private and semiprivate rooms in nursing homes occupied by smokers, private clubs, limousines under private hire, private work vehicles where only one employee is located, places where a quit-smoking program is taking place, farm vehicles, casino gaming floors, the state-run veterans' home in
Marshalltown, and designated areas of correctional facilities. Fines for individuals found in violation of the Smokefree Air Act are $50 per violation. Fines for businesses range anywhere from $100 to $500 for each violation with the eventual possibility of revocation of liquor or business license for habitually offending businesses. The law will exempt only (1) casino and racetrack gaming floors, (2) the entire area of a private club that was in existence on January 1, 2009, (3) designated areas in any private club where persons under 18 are prohibited, (4)
tobacconists, (5) designated hotel and motel smoking rooms, (6) designated smoking areas in nursing homes and healthcare facilities, (7) and all outdoor areas, unless within a 10' radius of an entryway to a public building. which the
Kansas Supreme Court reiterated in 2007 upon a bar owner's challenge to
Lawrence's local smoking ban. On June 30, 2010, the District Court of Shawnee County, Kansas, issued a preliminary injunction prohibiting the statewide smoking ban from taking effect in 31 private clubs established after January 1, 2009, until it settles a lawsuit against the state by those clubs.
Kentucky •
No statewide smoking ban. Instead, in Kentucky, the only state laws dealing with smoking prohibit smoking in government offices, universities, and the state capitol, except in designated smoking areas. In 2004, the
Kentucky Supreme Court ruled that the state's food and tobacco sales laws do not
preempt cities and counties from enacting smoking regulations of any kind. •
Localities in Kentucky with smoking bans that include all bars and restaurants (37 total): •
Ashland, October 1, 2006, banned in all enclosed workplaces, including bars and restaurants, •
Elizabethtown, December 1, 2006, banned in all enclosed workplaces, including bars and restaurants •
Manchester, January 29, 2012, banned in all enclosed workplaces, including bars and restaurants •
Stanford, April 19, 2018, banned in all enclosed workplaces, including bars and restaurants
Louisiana •
Statewide smoking ban excluding bars: On January 1, 2007, SB 742 went into effect, banning smoking in all schools, workplaces, and public places, including restaurants. The law exempts bars (food establishments where the majority of sales are derived from alcohol), private residences and automobiles except those when used as a healthcare or childcare facility, limousines under private hire, designated hotel/motel smoking rooms, retail tobacco shops, outdoor areas, private and semiprivate rooms of nursing homes occupied exclusively by smokers, casino gaming floors, workplaces of tobacco-related businesses such as manufacturers and distributors, convention and banquet facilities rented out to private parties, and correctional facilities (until August 1, 2009). •
Bogalusa, December 21, 2016, banned in all enclosed public places, including bars and gaming establishments •
West Monroe, January 2, 2014, banned in all enclosed public places, including bars and gaming establishments The law exempts places open to the public during hours when it is closed, stage performances involving smoking, smoking for religious rituals, factories where labor unions have contracted to have smoking areas, designated areas in hospitals, designated hotel/motel smoking rooms, private residences except when used as a childcare or healthcare facility, beano and bingo halls, tobacco specialty stores, and off-track betting parlors that were in existence on June 30, 2003.
Maryland •
Statewide smoking ban: On February 1, 2008, the Maryland Clean Indoor Air Act of 2007 went into effect, banning smoking in all public transportation vehicles, enclosed public places, and enclosed workplaces, including bars, restaurants, casinos, and private clubs. The Act exempts private residences and vehicles while not being used as a childcare or healthcare facility, designated hotel/motel smoking rooms, retail tobacco stores, cigar lounges and hookah bars, other tobacco-related workplaces such as importers and distributors, facilities where smoking research is conducted, psychiatric facilities, long-term care facilities, hospitals where a doctor has authorized a patient to smoke, and any business that has applied for and received a waiver allowing smoking (though all waivers expired on January 1, 2011). The law exempts private clubs when not open to the public, private residences except when used as a business for healthcare or childcare, designated hotel/motel smoking rooms, retail tobacco stores, licensed cigar or hookah bars, stage performances involving smoking, places where smoking-related scientific research is occurring, religious ceremonies involving smoking, outdoor areas, designated areas in nursing homes as approved by the state, and other tobacco-related workplaces such as farms and distributors.
Michigan •
Statewide smoking ban: On May 1, 2010, after being signed into law by
Governor Jennifer Granholm on December 18, 2009, the Dr. Ron Davis Law took effect, banning smoking statewide in all enclosed, indoor workplaces in Michigan, as well as the outdoor patios of bars and restaurants. The law exempts only
cigar bars, retail tobacco stores, private home offices, company vehicles including commercial trucks, and Detroit's three casinos' gambling floors. The Act exempts designated rooms in nursing homes, designated areas in psychiatric facilities, places where scientific studies related to smoking occur, private homes and residences not in use as a place of employment, designated hotel/motel smoking rooms, retail tobacco shops, heavy commercial vehicles, farm vehicles and construction equipment, buildings on family farms, the Minnesota disabled veterans' rest camp, smoking by
American Indians as part of a traditional spiritual or cultural ceremony, stage performances involving smoking, and outdoor areas. Local governments may regulate smoking more stringently than the state. On August 1, 2019, e-cigarettes were banned in all locations that traditional cigarettes were banned. On August 1, 2023, smoking cannabis was included in the smoking ban, upon becoming legal. •
Golden Valley, March 31, 2009, banned within of entrances, exits, and ventilation openings of all areas of bars and restaurants; also in public parks and recreational facilities. •
Rochester, June 2010 Downtown smoke-free zone includes the block of Second Avenue Southwest between Gonda and the Kahler, and the two-block pedestrian mall known as the Peace Plaza. The zone was extended in June 2010 to include two blocks of West Center Street between the Kahler Grand Hotel, Methodist Hospital and the Gonda Building.
Mississippi •
No statewide smoking ban. Instead, Mississippi's 2006 statewide smoking law, the Clean Indoor Air Act, prohibits smoking only inside any state or local government building (except designated areas in the state's veterans' homes) or inside any university or college classroom building. Local governments may regulate smoking more stringently than the Act. •
Localities in Mississippi with smoking bans that include all bars and restaurants (172 total): •
Aberdeen, March 22, 2007, banned in all bars and restaurants, but not in all other enclosed workplaces this municipality is dry Warning signs must be appropriately posted either way. Local governments may prohibit smoking in schools, child daycare facilities, and school buses, as well as in public places. •
Localities in Missouri with a smoking ban that includes all bars and restaurants (37 total): •
Ballwin, January 2, 2006, banned in all workplaces, including bars, and restaurants; exempts private clubs with no employees. •
Creve Coeur, January 2, 2011, banned by unanimous city council vote in all enclosed workplaces, including bars and restaurants; exempts cigar bars, private clubs, tobacco shops, and hotel/motel designated smoking rooms •
Independence, March 17, 2007, banned in all workplaces, including bars and restaurants, per referendum in November 2006; exempts private and semiprivate rooms in nursing homes occupied exclusively by smokers. but
halted by the
Circuit Court of Jackson County on June 4, 2008, after businesses sued Kansas City on the grounds that state law permitted them to allow smoking; and then
reinstated by the court on June 21, 2008. On June 23, 2009, the
Missouri Court of Appeals ruled that Kansas City's ban on smoking did not conflict with the state's Indoor Clean Air Act, and the
Supreme Court of Missouri declined to hear an appeal from that decision. •
Liberty, January 2, 2010, banned in all workplaces, including bars and restaurants, and in public parks, by public vote of 2,684 yes to 1,127 no; exempts outdoor patios, private residences, and smoking rooms in hotels and motels. •
O'Fallon, June 4, 2011, banned in all enclosed workplaces, including all bars restaurants, after public vote of 73%–27% on April 5, 2011; exempts cigar bars, private clubs, retail tobacco stores, private residences, outdoor areas, and 20% of hotel and motel rooms. On September 14, 2012, the St. Louis Health Department issued an order further permanently exempting the
Missouri Athletic Club from the city's smoking ban. but
partially repealed by unanimous vote of the City Council on May 7, 2012, to exempt cigar bars, tobacco shops, and private clubs. the word "bar" is defined in the Act as also including taverns, night clubs, cocktail lounges, and casinos. The act exempts private residences not used as a daycare facility or healthcare facility, private motor vehicles, tobacco demonstrations in schools, designated hotel/motel smoking rooms, and American Indian religious and cultural activities.
Nebraska •
Statewide smoking ban: On June 1, 2009, the Nebraska Clean Indoor Air Act passed in February 2008 went into effect, banning smoking statewide in all enclosed workplaces in Nebraska, including all bars and restaurants. The Act exempts tobacco retail stores, designated hotel/motel smoking rooms, private residences, and places where scientific research about smoking is occurring. In April 2009, the Act was amended to further exempt cigar bars, as well. Local governments may regulate smoking more stringently than the Act.
Nevada •
Statewide smoking ban excluding bars, casinos, and designated restaurant smoking rooms: On December 8, 2006, after passage by 54% of voters on November 7, 2006, the Nevada Clean Indoor Air Act went into effect, banning smoking statewide in all enclosed workplaces. The act passed by voters initially included all restaurants as well as bars that serve food. The Act permits smoking without limitation in areas within casinos where minors are already prohibited, stand-alone bars that do not serve food,
strip clubs and
brothels, retail tobacco stores, and private residences (including those that serve as an office workplace, unless used as a childcare, adult daycare, or healthcare facility). Private clubs and religious and fraternal organizations (including bars and restaurants inside these places), hotel and motel rooms, rented halls and rooms under control of the renter, college dormitory rooms, public housing, nursing homes, areas designated by hospitals, and alcohol/drug rehabilitation facilities are exempt from smoking regulation and can allow smoking indoors freely. All other places must designate smoking and nonsmoking areas and post appropriate signs. On January 1, 2010, House Bill 392 went into effect. It established an on-premises cigar, beverage, and liquor license and allowed for cigar smoking at public cigar bars. Towns only can regulate smoking more strictly with regard to fire safety and sanitation. In 2003, the
New Hampshire Supreme Court ruled that this means state law
preempts towns from enacting stricter local smoking bans for health reasons.
New Jersey •
Statewide smoking ban: On April 15, 2006, the
New Jersey Smoke-Free Air Act went into effect, banning smoking statewide in all enclosed workplaces in New Jersey, including all bars and restaurants, strip clubs, hospitals, psychiatric facilities, as well as outside portions of school grounds. The Act exempts cigar bars, tobacco retail stores, tobacco manufacturing facilities, private residences and private automobiles, off-track betting parlors, and designated hotel/motel smoking rooms. Local governments may regulate smoking more stringently than the Act. On January 16, 2019, smoking was outlawed on all public beaches and in state parks. Violating the Act can result in a fine of between $250 and $1,000, depending how many violations one has incurred within a year. •
Atlantic City, banned on 75% of casino gaming floors. •
Pequannock, banned in public parks with ball-fields or playgrounds in July 2011 through ordinance introduced by Mayor
Rich Phelan.
New Mexico •
Statewide smoking ban: On June 15, 2007, the Dee Johnson Clean Indoor Air Act went into effect, banning smoking statewide in all enclosed workplaces in New Mexico, including all bars and restaurants, as well as within a "reasonable distance" of the entrances to those places. The Act exempts (1) private residences except when being used to provide commercial childcare, adult care, or healthcare, (2) retail tobacco stores, (3) cigar bars, (4) tobacco manufacturing facilities, (5) casinos, (6) quit-smoking programs, (7) designated outdoor smoking areas, (8) private clubs, (9) limousines under private hire, (10) designated hotel/motel smoking rooms, (11) enclosed areas within restaurants, bars, and hotel/motel conference/meeting rooms that are being used for private functions, (12) cultural or ceremonial activities by American Indians, (13) non-bar/restaurant businesses with fewer than two employees that is not usually accessible to the public and all employees agree to allow smoking, and (14) stage, motion picture, or television productions involving smoking as part of the production. Penalties are $100 for a first violation, $200 for a second violation within 12 months and $500 for the third and subsequent violations. Local governments may regulate smoking more stringently than the Act.
New York describing New York City's smoking ban •
Statewide smoking ban: Effective July 24, 2003, smoking is banned statewide in all enclosed workplaces in New York, including all bars and restaurants and construction sites. The law exempts (1) private homes and automobiles, (2) hotel/motel rooms, (3) retail tobacco businesses, (4) private clubs, (5) cigar bars (A cigar bar that makes 10 percent of its gross income from the on-site sale of tobacco products and the rental of on-site humidors, not including vending machines sales are exempt from the ban), (6) outdoor areas of bars and restaurants, and (7) enclosed rooms in restaurants, bars, convention halls, etc., when hosting private functions organized for the promotion and sampling of tobacco products. Local governments may regulate smoking more stringently than the state law. Breaking the state law can result in a fine of between $200 and $2,000, depending how many violations one has had within a year. •
Great Neck, Adopted January 4, 2011, smoking was banned on sidewalks in front of commercial buildings, Village Green park, and the Housing Authority. •
New York City, Effective May 23, 2011, smoking was banned in all parks, boardwalks, beaches, recreation centers, swimming pools and pedestrian plazas. On March 30, 2003, smoking was banned in all enclosed workplaces, including bars and restaurants; exempts tobacco bars, owner-operated bars, separately ventilated smoking rooms in bars, private clubs with no employees, private functions organized for the promotion and sampling of tobacco products, and retail tobacco shops. Shortly after, on July 24, 2003, the statewide smoking ban came into effect. New York City may suspend or revoke a business's license if it has been found guilty of violating this law three times within 12 months. In 2021, the New York State Clean Indoor Air Act was amended to include the prohibition of smoking and vaping cannabis in all locations where smoking and vaping tobacco products are prohibited.
North Carolina •
Statewide smoking ban in bars and restaurants: On January 2, 2010, after being signed into law by
Governor Bev Perdue on May 19, 2009, North Carolina Session Law 2009-27 went into effect, banning smoking statewide in all bars and restaurants in North Carolina, as well as in government buildings and vehicles. The law exempts cigar bars, private clubs that are not-for-profit (including country clubs), designated hotel/motel smoking areas, offices, retail stores not subjected to state sanitation codes, and medical research facilities studying tobacco. •
Orange County, January 1, 2012, banned on all sidewalks owned, operated, or maintained by the municipalities incorporated within the county. •
UNC Hospitals, August 2007, banned on all hospital grounds. •
Waynesville, May 23, 2015, banned on sidewalks, public parks, parking lots, greenways, city vehicles and the area in and surrounding town buildings •
Durham County, January 1, 2016, ban on smoking, including the use of e-cigarettes in public outdoor spaces. • Includes Parks, Trails, Public Sidewalks, Bus stops, Public areas of retail establishments, and childcare facilities. •
Duke University Health System, July 2007, banned on all hospital grounds. • As of July 1, 2020, smoke free policy expanded to include the use of all tobacco products, including cigarettes, cigars, hookah, e-cigarettes (vapes), chewing tobacco, snuff, snus, and IQOS. • This includes all employees, faculty, patients, visitors, volunteers, students, and vendors on any Duke owned or leased properties. •
Duke University, July 1, 2020, ban on all tobacco products on campus, including in University residence halls. This includes cigarettes, hookahs, e-cigarettes (vapes), chewing tobacco, snuff, snus, etc.
North Dakota •
Statewide smoking ban: On November 6, 2012, by a vote of 66%–34%, North Dakota voters ratified Initiative Measure Four, which, upon taking effect in December 2012, amends North Dakota's existing partial smoking ban so as to ban smoking statewide in all enclosed public places and places of employment, including all bars, restaurants, and tobacco stores. The ban exempts only (1) private residences except when operating as a childcare or adult day care facility, (2) outdoor areas except within 20 feet of the entrance to a public place or place of employment, (3) businesses not open to the public with no employees besides the owner, and (4) American Indian religious and cultural rituals.
Ohio •
Statewide smoking ban: On December 7, 2006, after passage by Ohio voters on November 7, 2006, Chapter 3794 (titled "Smoking Ban") of the
Ohio Revised Code went into effect, banning smoking statewide in all enclosed workplaces in Ohio, including bars and restaurants. The law exempts (1) private residences except when being used as a business when employees other than the owner are present, (2) designated hotel/motel smoking rooms, (3) family-owned and operated businesses not open to the public where all employees are related to the owner, (4) designated smoking areas in nursing homes, (5) retail tobacco stores, (6) outdoor patios, (7) private clubs with no employees. •
Oberlin, June 2010, banned smoking and the use of smokeless tobacco in city parks.
Oklahoma •
No statewide smoking ban. Instead, Oklahoma's statewide smoking law prohibits smoking in any indoor workplaces – including restaurants and hotels – unless a separate ventilation system under negative pressure is installed for ventilating the smoking area, but permits smoking without limitation in bars, private clubs, bingo halls, retail tobacco stores, small family-owned workplaces, workplaces occupied exclusively by smokers, veterans' halls, and designated employee smoking areas. The Oklahoma law expressly
preempts local governments from enacting any local smoking regulations that are not exactly the same as the state law.
Oregon •
Statewide smoking ban: Effective January 1, 2009, after being signed into law on June 26, 2007, the 1981 Oregon Indoor Clean Air Act (as previously amended in 2001) was amended to ban smoking statewide in all enclosed workplaces in Oregon, including bars and restaurants, as well as within of the entrances, exits, open windows, or intake vents of such places. The Act exempts (1) private residences except when serving as a childcare or adult care facility, (2) designated hotel/motel smoking rooms, (3) spaces designated for traditional American Indian religious and cultural ceremonies, (4) retail tobacco shops, and (5) cigar bars. Local governments may regulate smoking more stringently than the Act; and the
Oregon Court of Appeals reiterated this in 2000. Effective January 1, 2014, smoking is banned in vehicles with passengers under 18 inside.
Pennsylvania •
Statewide smoking ban excluding some bars. Effective September 11, 2008, after being signed into law by
Governor Ed Rendell on June 13, 2008, Pennsylvania's 1988 Clean Indoor Air Act was amended to ban smoking statewide in all restaurants and other enclosed workplaces in Pennsylvania, except as exempted. The Act exempts (1) eating/drinking establishments where 20% or less of sales come from food AND persons under 18 are not allowed, (2) private homes and vehicles, except those used as a child daycare or adult care facility, (3) designated hotel/motel smoking rooms, (4) full service truck stops, (5) retail tobacco shops, (6) workplaces of tobacco manufacturers and wholesalers, (7) nursing homes, (8) designated smoking areas in day treatment facilities, psychiatric facilities, and healthcare facilities, (9) private clubs when public events are not being held, including volunteer fire, ambulance, and rescue stations, (10) tobacco-related fundraisers, (11) places rented for tobacco exhibitions, (12) cigar bars, (13) 25% of a casino gaming floor, and (14) outdoor areas. Local governments except
Philadelphia are
preempted from regulating smoking more stringently than the Act. :Philadelphia's smoking ordinance, which went into effect on January 8, 2007, bans smoking in all restaurants, exempting bars where food accounts for less than 10% of sales and alcohol accounts for more than 90% of sales, and persons under 18 are prohibited. As with the state ban, to receive exemption bars must apply for and receive the exemption. Philadelphia's ordinance is the only local smoking ban in Pennsylvania. • ''''Smoke-Free Beaches' Program:''' Pennsylvania's 'Smoke-Free Beaches' program was initiated by the Pennsylvania Department of Conservation and Natural Resources. This program places smoking constraints at designated parks to eliminate smoking on beaches and swimming areas. For visitors who smoke and still want to use these beaches, designated areas adjacent to the beach are provided. The restriction includes cigarettes, pipes, cigars and the increasingly popular
e-cigarettes. Staff at newly affected parks have been preparing for the change by purchasing and installing butt disposal units; installing new signage; establishing designated smoking areas with seating; and informing park user and support groups. • In 2016, 12 state parks initiated new "Smoke Free Beaches". They were: Hills Creek, Tioga County; Lyman Run, Potter County; R.B. Winter, Union; Presque Isle, Erie; Pymatuning, Crawford, Laurel Hill, Somerset County; Whipple Dam, Huntingdon County; Gifford Pinchot, York County; Cowans Gap, Fulton County; Gouldsboro, Monroe County; Ricketts Glen, Luzerne County; and Worlds End, Sullivan.
Puerto Rico •
Territory-wide smoking ban: Effective March 2, 2007, smoking is banned territory-wide in all enclosed workplaces in Puerto Rico, including bars and restaurants, as well as private vehicles when either a minor in a car seat or a child under 13 is present. The law exempts (1) retail tobacco stores, (2) theater and film productions and presentations in which actors smoke as part of their character, (3) private homes except when serving as a workplace, and (4) designated hotel/motel smoking rooms.
Rhode Island •
Statewide smoking ban: On March 1, 2005, the Public Health and Workplace Safety Act went into effect, banning smoking statewide in all enclosed workplaces in Rhode Island, including bars and restaurants. The Act exempts (1) smoking bars (income over 50% tobacco products), (2) outdoor areas, (3) private and semiprivate rooms in nursing homes, (4) retail tobacco stores, (5) stage performances involving smoking, (6) hotel and motel rooms designated as smoking rooms, (7) private residences, except used as a licensed child care, adult daycare, or healthcare facility, and (8) the two state-licensed gambling facilities, Newport Grand and
Twin River Casino. Local governments may regulate smoking more strictly than the Act, though as of April 2009 none have chosen to do so. and in any such designated smoking area warning signs must be appropriately posted. The Act covers no other places. On March 31, 2008, the
South Carolina Supreme Court ruled that local governments generally may regulate smoking more stringently than the Act. On September 8, 2008, the South Carolina Supreme Court ruled that the maximum fine a city or town constitutionally can impose for breaking a local smoking ban is $25. •
Localities in South Carolina with smoking bans that include all bars and restaurants (63 total as of April 1, 2019): •
Aiken, July 14, 2008, banned in all enclosed workplaces, including bars and restaurants •
Beaufort County, January 10, 2007, prohibited in all workplaces, including bars and restaurants, within unincorporated areas of Beaufort County •
Charleston County, September 1, 2012, banned in all bars and restaurants, but not in all other workplaces •
Fort Mill, August 1, 2009, banned in all enclosed workplaces, including bars and restaurants •
Pendleton, February 1, 2012, banned in all bars and restaurants, but not in other workplaces •
Springdale, January 1, 2010, banned in all enclosed workplaces, including bars and restaurants exempting only private residences unless used for child daycare, The bill was passed in the
South Dakota State Legislature and signed into law by
Governor Mike Rounds. It was scheduled to take effect in July 2009, but on June 22, 2009, a group of casino and video lottery operators presented the
Secretary of State with a petition for a referendum over H.B. 1240 that they claimed to bear 25,000 valid signatures. On June 25, 2009, the Secretary of State certified that the petition indeed bore at least the required 16,776 valid signatures, putting H.B. 1240 to the November 2010 public referendum. On July 24, 2009, the Secretary of State declared that after further review, the number of valid signatures on the petition fell short of the required number to put the issue on the ballot. On November 13, 2009, however, Circuit Judge Kathleen Trandahl ruled that the petition
did have enough valid signatures, and ordered the Secretary of State to put the issue to a public vote on November 2, 2010, which ultimately passed. H.B. 1240 is silent as to whether local governments may regulate smoking more stringently, though as of November 2010 no local governments in South Dakota have done so.
Tennessee •
Statewide smoking ban excluding bars and some restaurants. Tennessee's 2007 statewide smoking law, the Non-Smoker Protection Act, prohibits smoking statewide in all public places in Tennessee, except as exempted; (1) any business, including a bar or restaurant, that does not serve persons under 21, (2) designated hotel/motel smoking rooms, (3) tobacco industry-related facilities, (4) outdoor areas and areas with an open garage door, (5) nursing homes, (6) designated smoking areas not accessible to the general public in businesses with three or fewer employees, (7) private clubs, (8) private residences and vehicles unless it is being used for child care, daycare, or public transportation of children, (9) retail tobacco stores, and (10) commercial vehicles occupied solely by the operator. Local governments in counties with more than 180,000 residents may regulate smoking more strictly than the state. •
Nashville, March 1, 2023, banned in all enclosed workplaces, including bars and restaurants
Texas •
No statewide smoking ban. Instead, Texas' 1997 statewide smoking law only prohibits smoking in activities of public schools on or off school property, elevators, theatres, libraries, museums, hospitals, buses, airplanes, and trains, as long as these areas are open to the general public, unless the proprietor designates the place for smoking and posts appropriate warning signs. Violation of this law is a class C misdemeanor. As of April 1, 2018, 133 cities in Texas have enacted local smoking bans to varying degrees. •
Localities in Texas with a smoking ban including all bars and restaurants (112 total): •
Abilene, January 3, 2007, banned in all enclosed workplaces, including bars and restaurants but reinstated on appeal by the
United States Court of Appeals for the Fifth Circuit in March 2008. •
Baytown, November 20, 2006, banned in all enclosed workplaces, including bars and restaurants •
Combes, May 16, 2018, banned in all enclosed workplaces, including bars and restaurants •
Frisco, November 17, 2011, banned in all enclosed workplaces, including bars and restaurants and within 20 feet of entrances to places where smoking is prohibited; exempts hotels/motels that have designated smoking rooms, and retail tobacco stores that have an enclosed, separately ventilated smoking room that exhausts directly to the outside environment •
Garland, April 3, 2018, banned in all enclosed workplaces, including bars and restaurants •
Huntsville, May 12, 2017, banned in all enclosed workplaces, including bars and restaurants •
Mercedes, February 21, 2017, banned in all enclosed workplaces, including bars and restaurants •
Mont Belvieu, October 8, 2018, banned in all enclosed workplaces, including bars and restaurants •
San Antonio, August 19, 2011, banned in all enclosed workplaces, including bars and restaurants; exempts cigar bars, outdoor restaurants and bar patio areas, the
River Walk, Alamo Plaza, and Main Plaza •
San Benito, October 21, 2017, banned in all enclosed workplaces, including bars and restaurants •
Woodway, August 14, 2004, banned in all enclosed workplaces, including bars and restaurants •
Grand Prairie, January 21, 2014, banned in all restaurants, but not bars or other enclosed workplaces •
Hewitt, November 14, 2010, banned in all enclosed workplaces, exempting bars and restaurants •
Irving, August 19, 2015, banned in all enclosed workplaces except bars and restaurants •
Killeen, June 1, 2009, banned in all enclosed workplaces, including restaurants but exempting bars
Utah 's tobacco-free policy •
Statewide smoking ban: Effective January 1, 2007, as passed in March 2006 (amended in 2012), Utah's 1995 Indoor Clean Air Act was expanded to ban smoking statewide in all enclosed workplaces in Utah, including bars and restaurants (bars and private clubs were exempt until January 1, 2009), exempting only (1) designated hotel/motel smoking rooms, (2) areas of owner-operated businesses with no employees besides the owner, and (3) American Indian religious and cultural ceremonies. Since the state law supersedes any ordinances passed by political subdivisions of the state (i.e., cities, counties, school districts, agencies, etc.), such political subdivisions are preempted from regulating
indoor smoking any more or less stringently than the Act. Utah is one of the few states with a statewide smoking ban that does not exempt
tobacconists. •
Local outdoor smoking bans: Notwithstanding the preemption against political subdivisions modifying the restrictions on
indoor smoking, the Act expressly allows such political subdivisions to regulate "smoking in
outdoor places of public access which are owned or operated by" (emphasis added) a political subdivision (specifically including state institutions of public or higher education). and public transit facilities.
Vermont •
Statewide smoking ban: Effective September 1, 2005, smoking is banned in all enclosed workplaces in Vermont, including all bars and restaurants, except in private residences (unless if it is being used as a childcare facility or it smoking is banned under the landlord's request) as well as areas of owner-operated businesses with no employees that are not open to the public, although separately ventilated designated smoking areas in businesses where employees are not required to be were exempt until July 1, 2009. Designated unenclosed smoking areas in businesses where the layout of the workplace is such that smoking would not be a physical irritation to any nonsmoking employee and three-fourths of the employees agreed were also exempt until July 1, 2009.
Virginia •
No statewide smoking ban. Instead, Virginia's 2009 statewide smoking law, the 2009 Indoor Clean Air Act prohibits smoking statewide in enclosed public elevators, public school buses, primary and secondary schools, hospital emergency rooms, health department offices, polling places, indoor service lines and cashier lines, public restrooms in government buildings and hospitals, child daycare centers except where located in a private home, and public restrooms of health care facilities, and relegating smoking in restaurants (including bars) to separately ventilated designated smoking rooms that are structurally separated from the rest of the establishment. The Act exempts private clubs, retail tobacco stores, tobacco warehouses, tobacco manufacturing facilities, prisons, designated smoking areas in government offices, food preparation facilities for catering services, restaurants located on the premises of tobacco manufacturers, rented private rooms in restaurants; requires the reasonable designation of non-smoking areas in educational facilities where smoking is not banned, hospitals, retail stores bigger than , and recreational facilities. A law which came into effect on July 1, 2016, banned smoking in private cars with any occupants who are 8 years or younger.
Washington •
Statewide smoking ban: On December 8, 2005, after ratification by a majority of Washington voters in a statewide
initiative referendum, an amendment to Washington's 1985 Clean Indoor Air Act became effective banning smoking statewide in all public places and places of employment in Washington (except 25% of hotel/motel rooms), as well as within of doors, windows, or ventilation intakes to such places. The act exempts private enclosed workplaces and private residences except when being used to provide licensed childcare, foster care, adult care, or other similar social service care. Washington does not provide exemptions for
tobacconists or businesses whose sole purpose is to provide an environment for smoking (e.g.
hookah lounges,
cigar bars). However, private clubs in enclosed spaces with no employees, and businesses on tribal lands, are exempt. Local governments may regulate smoking more stringently than the act,
West Virginia •
No statewide smoking ban. Instead, West Virginia's statewide smoking laws generally prohibit smoking in (1) public transportation vehicles where a "no smoking" sign is posted, (2) areas of public school except teacher's lounges not accessible to students (unless a local education board rules differently), (3) workplaces where a "no smoking" sign is posted, (4) areas near surface magazines for explosives used in mining, (5) mines and structures around mines, (6) nonsmoking sections in bingo halls, and (7) nonsmoking areas in nursing homes. No West Virginia law requires the designation of nonsmoking areas generally in enclosed workplaces. In 2003, the
Supreme Court of Appeals of West Virginia ruled that county health boards may regulate smoking more stringently than the state, except in bingo halls and retirement homes. As of April 2009, 51 of the 55 counties and two cities in West Virginia have enacted local smoking bans to varying degrees. The Act exempts cigar bars or retail tobacco stores already in existence, private homes, and rooms in nursing homes where occupants agree to allow smoking. It also exempts bars and restaurants consisting of two or more walls with openings that allow air in from the outside and cover at least 25% of each wall's surface area. It does not include casinos run by American Indian tribes, as those casinos are in the tribes' sovereign territory.
Wyoming •
No statewide smoking ban. Instead, Wyoming state law only prohibits smoking where it could cause an explosion and in underground mines. Wyoming has no state laws concerning indoor smoking in general, and thus local governments can regulate general indoor smoking as they see fit. As of July 2017, seven cities in Wyoming have enacted local smoking bans, all covering restaurants, but varying otherwise. •
Cheyenne, August 15, 2006, banned in all bars and restaurants, but not in all other workplaces; ==See also==