Smoking bans

United States restrictions

Smoking restrictions in United States

Alaska

Smoking is restricted to designated areas in food service establishments with a seating capacity of at least 50 persons. (1990)

Restaurants are allowed to set up smoking areas and are not required to put up any physical barriers. The bill states that "existing physical barriers and ventilation systems shall be used to minimize the toxic effect of smoke (the bill states that the smoking areas be no more than 25% of the total square footage unless clientele dictate otherwise). If any restaurant is deemed by its owner as being too small to have designated smoking are, it shall be left up to the discretion of the owner if the facility will be a "smoking" or a "nonsmoking" facility. Areas designated as smoking or nonsmoking must prominently display "No Smoking" or "Smoking Permitted" signs, but specific size is not stated. Smoking is permitted in bars and lounges. (2003)

Arkansas

The Clean Indoor Air Act of 2006, effective July 30, 2006, prohibits smoking in nearly all workplaces in the state, including restaurants. Restaurants and bars can permit smoking if no patrons below the age of 21 are served at the establishment. Also, the law only applies to workplaces with three or more employees. Workplaces that fall under the act are not allowed to have ash trays on site and they must display "no smoking" signs. Officials at the Department of Health and Human Services are developing rules to regulate enforcement of the smoking ban.

Arizona

None at the state level.

California

Smoking is prohibited in all enclosed places of employment, except for in a non-work area where no one is required to enter as part of his or her work responsibilities. (1996) California's smokefree air law generally prohibits smoking in enclosed workplaces, including restaurants and bars. Employers may establish separately ventilated break rooms for smoking. Employers with five or fewer employees may allow smoking in work areas if all employees working in that area consent. Warehouses of a specified size and other specified workplaces are exempt. Smoking is prohibited in public places. California law preempts localities from passing smokefree ordinances, except in areas not defined as a "place of employment" and those not regulated by state law.

Colorado

The Colorado Clean Indoor Air Act of 2006, effective July 1, 2006, prohibits smoking in nearly all workplaces, including restaurants and bars. Private clubs are exempt from the law if they have fewer than 3 employees. Businesses with 5% of their business coming from cigar sales are also exempt. The law completely exempts all casinos in the state.

Connecticut

As of October 1, 2003, Connecticut's restaurants and bars without a cafe or tavern permit became 100% smokefree. Workplaces with five or more employees also are smokefree, but allow separately ventilated smoking breakrooms. As of April 1, 2004, all bars became 100% smokefree, including bar areas of bowling allies, race tracks and off track betting establishments. Workplaces with fewer than five employees must provide nonsmoking work areas for employees who request them.

Delaware

Smoking is prohibited in all restaurants, bars and casino properties. (2002) Delaware's Clean Indoor Air Act creates 100% smokefree workplaces, public places, restaurants and bars as of November 27, 2002. Delaware's smokefree law is the strongest in the United States and does not preempt the passage of local smokefree laws.

District Of Columbia

Smoking ban applies to all restaurants and will be extended to bars, nightclubs, taverns and the bar areas of restaurants in January 2007. (2006)

Florida

Smoking is prohibited in the indoor portions of restaurants. (2003) Florida's enclosed workplaces, including restaurants and public places, are 100% smokefree as of July 1, 2003 as a result of a state constitutional amendment. Bars are exempt from the smokefree requirements. Florida law still preempts local governments from enacting smokefree regulations, stating, "This legislation expressly preempts regulation of smoking to the state and supersedes any municipal or county ordinance on the subject."

Georgia

Pursuant to legislation passed in 2005 the state will ban smoking in public places effective July 1, 2005. The law prohibits smoking in some enclosed public places and workplaces. Smoking is allowed in restaurants and bars that do not admit or employ people under 18 years old.

Hawaii

Smoking is to be prohibited in all enclosed or partially enclosed places of employment and areas open to the public, including restaurants and bars, starting November 16, 2006. (SB 3262 was signed by the governor on 7/10/06)

Iowa

Smoking is restricted to designated areas in restaurants seating more than 50 people. (1990)

Idaho

As of July 1, 2004 Idaho prohibits smoking in all enclosed places of employment. (2004) Idaho's smokefree air law prohibits smoking in publicly-owned workplaces, in restaurants, including attached bars, and in public places. Small business owners, employing five or fewer employees, may establish separately enclosed breakrooms for smoking, as long as employees, other than custodial or maintenance employees, are not required to work there. The law took effect July 1, 2004, and does not preempt the passage of local smokefree laws.

Illinois

Smoking is restricted to designated areas in restaurants. The appropriate signs shall be posted. Violators are guilty of a petty offense. A unit of local government in this state shall not have the power and authority, after October 1, 1989, to regulate smoking in public places. (1989)

Indiana

None at the state level.

Kansas

Smoking is restricted to designated areas in restaurants. (1987)

Kentucky

None at the state level.

Louisiana

With the passage of SB 742, all public places, including restaurants, in the state will be required to be smokefree on January 1, 2007. Bars located within restaurants will be subject to the ban, but all bars where the sale of food is incidental to the consumption of alcoholic beverages will be exempt. Designated smoking areas in casinos are also exempt from the ban. Local governments still have the power to regulate smoking, so long as the local law adheres to the minimum standards set forth in SB 742. (Act 815, 2006)

Massachusetts

As of July 5, 2004 this state enforces a state wide ban of smoking in public places. (2004) Massachusetts's state law creates 100% smokefree workplaces, restaurants, and bars as of July 5, 2004, which includes the state's 351 municipalities. The law has limited exceptions for membership associations and smoking bars, which are defined as bars in which 51% or more of the revenue is generated by the sale of tobacco products. Massachusetts law does not preempt the passage of local smokefree laws.

Maryland

Restaurants that do not possess an alcoholic beverage license may have a separate enclosed smoking room not to exceed 40% of the total area of the restaurant. Restaurants that do possess an alcoholic beverage license may designate the bar or bar area, a separate enclosed room not exceeding 40% of the total restaurant, or a combination of a bar or bar area and a separate enclosed room not exceeding 40% of the total area of the restaurant including the bar or bar area, as a smoking area. A separate enclosed room in which smoking is permitted is not required to have a specially modified ventilation system for the room. Smoking is permitted in any location that possesses an alcoholic beverage license for consumption on the premises and is generally recognized as a bar or tavern or club. (1995)

Maine

Maine's smokefree air law creates 100% smokefree restaurants and bars as of January 1, 2004. Smoking is now prohibited in all restaurants, bars, and public places, which includes the state's 533 municipalities. Maine law does not preempt the passage of local smokefree laws.

Michigan

Food service establishments seating 50 or more persons that are not owned or operated by a private club must reserve a minimum of 50% of all seating for a non-smoking section. All food service establishments seating fewer than 50 people, including establishments owned and operated by a private club, must reserve a minimum of 25% of the seating for a nonsmoking section. Public areas in restaurants must be smoke-free. These areas include, but are not limited to, restrooms, coatrooms, and entrances. Public areas do not include lobbies, waiting rooms, hallways, or lounges. This law also applies to food service establishments or food court areas in enclosed shopping malls. Compliance with this section shall be used by local health departments as criteria to determine whether to deny, suspend, limit, or revoke a license. (1993)

Minnesota

Smoking is restricted to designated areas in restaurants. (1992)

Missouri

Restaurant owners shall provide an area of sufficient size to accommodate usual and customary demand for nonsmoking areas by customers. This shall not be cause to exceed the 30% space limitation for a smoking area. Bars and Taverns, bowling alleys, billiard parlors, and restaurants have exemptions only when fewer than 50 seats and with easily seen signs stating "Non Smoking Areas are unavailable". (2002)

Mississippi

No statewide smoking ban for restaurants. There is a smoking ban for most public buildings, effective July 1, 2006, and it will cover city halls, county courthouses and state government buildings. Smoking already is limited to a few designated areas within the state Capitol. Under the new law, smoking also will be prohibited in buildings leased by the state, county or city government. The law will not apply to any space in a government building used by law enforcement officers. Smoking will not be allowed in any building used by the universities and junior colleges for student instruction, including classrooms, auditoriums, theaters, laboratories, hallways and restrooms.

Montana

Montana's workplaces and restaurants are 100% smokefree. Bars and casinos may allow smoking until October 2009.

North Carolina

None at the state level. There is a statute that says local jurisdiction can adopt a non-smoking requirement but cannot call for over 50 percent non-smoking in restaurants.

North Dakota

North Dakota's smokefree law prohibits smoking in public places and places of employment. Smoking is allowed in bars and in separately enclosed bar areas of restaurants and hotels. The state law went into effect on August 1, 2005. North Dakota law does not preempt the passage of local smokefree laws.

Nebraska

Smoking is restricted to designated areas in restaurants. Bars and restaurants having a serving area of less than 1,200 square feet may be designated as a smoking area in their entirety. (1979)

New Hampshire

Smoking is restricted to effectively segregated smoking areas in restaurants seating 50 or more people. Definition of "effectively segregated smoking areas" in restaurants means all the following conditions have been met:

Procedures for accurately and fairly determining preference have been followed
The size and location of nosmoking and smoking-permitted areas are designed, designated, or juxtaposed so that smoke does not cause harm or unreasonably intrude into the area occupied by persons who are not smoking
A contiguous portion of the enclosed public place, including any seating arrangements, measures a minimum of 200 square feet, and at least one of the following 2 contingencies exist:
- There is a continuous, physical barrier such as a wall, partition or furnishing at least 56 inches in height to separate the nosmoking area from a smokingpermitted area. The barrier may contain doors or portals for exit and entry
- There is a space of at least 4 feet in width to separate the smoking-permitted and no-smoking areas. This space may be either an unoccupied area or a section of seating area representing a buffer zone in which smoking is not permitted, but which itself is not part of the no-smoking designated area
In buildings where existing ventilation systems are in place, areas designated as smoking areas are located, where reasonably possible, proximate to exhaust vents. (2000)

New Jersey

The New Jersey Smoke-Free Air Act went into effect on April 15, 2006. The new law bans smoking in restaurants, bars, private office buildings and other indoor places, but smoking is allowed on casino floors, in cigar bars or lounges, at tobacco retailers, in private homes, and in private cars. Hotels and motels may permit smoking in 20 percent of guest rooms. A coalition of businesses filed a federal lawsuit citing the law as unconstitutional for its exemptions favoring the casinos, but a judge rejected the group's bid to temporarily postpone the effective date of the ban. The underlying lawsuit is still pending. New Jersey was the 11th state to impose such a ban, but the first to explicitly exempt casinos. Restaurants or other establishments that violate the ban could face fines of between $250 and $1,000. (SB 1926, 2004)

New Mexico

None at the state level.

Nevada

Restaurants seating 50 or more people are required to maintain a flexible nonsmoking area and offer each patron the opportunity to be seated in a smoking or nonsmoking area. (1999) An agency, board, commission or political subdivision of this state shall not impose more stringent restrictions on the smoking, use, sale, distribution, marketing, display, or promotion of tobacco products than those provided by this law. (1993)

New York

New York's Clean Indoor Air Act creates 100% smokefree workplaces, restaurants and bars as of July 24, 2003, which includes the state's 1,691 municipalities. The law includes limited exceptions for membership associations, cigar bars, and restaurants and bars when being used exclusively for functions for the primary purpose of promoting and sampling tobacco products. New York law does not preempt the passage of local smokefree laws. (2003)

Ohio

None at the state level.

Oklahoma

A restaurant with a seating capacity of fifty or more persons may have designated smoking and nonsmoking areas or may be designated as being a totally smoking area or a totally nonsmoking area. Beginning March 1, 2006, all restaurants must either go smoke free or smoking areas must be enclosed and separately-ventilated. The ban allows exceptions for bars and restaurants that derive 60 percent or more of their revenue from alcohol sales. (2003)

Oregon

Smoking is prohibited in restaurants unless they are posted off-limits to minors or areas of restaurants are posted as off-limits to minors under rules adopted by the Oregon Liquor Control Commission. A local county, district, municipality, port or political subdivision of this state may not prohibit smoking in any areas listed in this section unless the local government prohibition was passed before July 1, 2001. (2001)

Pennsylvania

Restaurants with seating capacities of 75 or more shall provide smoking and non-smoking areas reasonably calculated to address the needs of their clientele. The size of the smoking area may be increased or decreased by the proprietor or person in charge, according to need. Restaurants with fewer than 75 seats shall either provide a non-smoking section or post a notice at each entrance stating that there is no smoking policy. (1988)

Rhode Island

As of March 1, 2005, all workplaces, restaurants, and public places will be 100% smokefree. The statute provides that bars and private clubs will be 100% smokefree as of October 1, 2006, with an exception for smoking bars, which are defined as bars in which more than 50% of the revenue is generated by the sale of tobacco products.

South Carolina

None at the state level. Localities are preempted from imposing local smoking bans.

South Dakota

South Dakota's smokefree air law prohibits smoking in enclosed workplaces and in restaurants, except for those licensed to sell alcohol. Smoking is prohibited in public places. (2002)

Tennessee

None at the state level.

Texas

None at the state level.

Utah

In 2006, legislation was signed to ban smoking in private clubs and taverns beginning Jan. 1, 2009. Smoking in fraternal organizations, country clubs and restaurants that are private will be banned beginning Jan 1, 2007. Smoking in public restaurants (including attached bars), cafes, and cafeterias has been prohibited since 1994.

Vermont

Vermont's Clean Indoor Air Law provides that all employers must have a written smoking policy, which must prohibit smoking throughout the workplace or restrict it to designated enclosed areas. As of July 1, 1995, smoking is restricted in restaurants but is still permitted in separately enclosed attached bar areas of restaurants and in freestanding bars. Vermont law does not preempt the passage of local smokefree laws.

Virginia

Any restaurant having a seating capacity of fifty or more persons shall have a designated no-smoking area sufficient to meet customer demand. In determining the extent of the no-smoking area, the following shall not be included as seating capacity: (i) seats in any bar or lounge area of a restaurant and (ii) seats in any separate room or section of a restaurant which is used exclusively for private functions. The proprietor shall post signs conspicuous to public view stating "Smoking Permitted" or "No Smoking," and in restaurants, signs conspicuous to ordinary public view at or near each public entrance stating "No-Smoking Section Available." Any person failing to post such signs may be subject to a civil penalty of not more than $25. No person shall smoke in a designated nosmoking area and any person who continues to smoke in such area after having been asked to refrain from smoking may be subject to a civil penalty of not more than $25. Ordinances adopted after January 1, 1990, shall not contain provisions or standards which exceed those established in this chapter. (1996)