List of smoking bans in the United States

State-wide smoking bans, both active and scheduled. See below for key to colors.

The following is a list of smoking bans in the United States. Since Article One of the Constitution of the United States does not grant the United States Congress the power to enact a smoking ban under federal law, therefore under the Tenth Amendment it is one of the powers "reserved to the states, respectively, or to the people." Thus, smoking bans in the United States are entirely a product of state and local criminal and occupational safety and health laws. This is a list of such state and local laws. Over 50% of Americans are covered by a smoking ban of some degree. For smoking bans and restrictions outside the United States, see the worldwide list of smoking bans.

Bans in public places or bars/restaurants

Alabama

• Decatur, Alabama banned smoking in businesses, including restaurants and bars, effective 1 October 2007.

Arizona

• In November 2006, 54.7% of voters approved the Smoke Free Arizona Act (Proposition 201), banning smoking in all bars, restaurants, and workplaces. The ban came into effect on 1 May 2007.

Arkansas

• July 21 2006 banned in almost all workplaces. Exceptions include establishments that do not allow patrons younger than 21; retail tobacco stores; long-term care facilities including nursing homes; gaming floors of operations regulated by the Arkansas Racing Commission; designated hotel smoking rooms; and workplaces with fewer than three employees.
• Fayetteville, 2004 banned in restaurants.

California

• 1994 banned in almost all workplaces (excepting tobacconists), including all restaurants, and in 1998 smoking was banned in bars. Additionally, California prohibits smoking within 20 feet (6.5m) of any door, window or air intake of any government building within the state, including buildings owned or occupied (e.g. leased) by any government entity, including public universities, or public buildings leased to private firms.
• San Luis Obispo, 2 August, 1990 became the first city in the world to ban smoking in all public buildings
• 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.
• El Cajon, on 14 August 2007, the The El Cajon City Council unanimously passed an ordinance to ban smoking in most public places, including city streets, outdoor patios in restaurants and even outside of the mall; in essence any location considered public domain. Anyone caught smoking in public areas will face fines up to $500. The city previously outlawed smoking in parks, and also requires businesses that sell tobacco products to get a city license.
• Belmont, on 9 October 2007, the Belmont City Council voted to prohibit smoking in parks and other public places and to ban smoking inside apartments and condominiums.
• Beginning in 2008 statewide, smoking in the presence of a minor (17 years or younger) while in a moving vehicle is a misdemeanor offense. The charge is not enough to be pulled over and is cited with a larger offense, such as a moving violation or traffic accident.

Colorado

• The Colorado Clean Indoor Air Act[5] went into effect July 1, 2006, making Colorado the 13th state to pass a comprehensive public indoor smoking ban. The law prohibits smoking in nearly all workplaces and public indoor places, including bars, restaurants and casinos. The law exempts tobacconists, cigar-tobacco bars, limousines under private hire, up to 25% of hotel rooms, workplaces which are not open to public that employ fewer than three employees, and private non-residential farm buildings of farms with less than $500,000 in annual gross income. A group of bar owners tried to block the ban from taking effect in July, [6], Their request for a restraining order on the ban was denied by Judge Babcock.[7]

Connecticut

• The Clean Indoor Air Act[8], effective 1 April 2004, prohibits smoking in nearly all indoor public places and workplaces, including bars and restaurants. Exempt from the ban are existing private clubs and cigar bars, correctional facilities, smoking areas of psychiatric facilities, public housing projects, up to 25% of hotel rooms, and some businesses with fewer than five employees (not including bars and restaurants).

Delaware

• November 2002 banned in all public buildings, including workplaces, bars, restaurants, and casinos.

District of Columbia

The City Council passed a ban on January 4, 2006 modeled closely on NYC's that went into effect on April 3, 2006 for restaurants (except bar areas). Bars, nightclubs, taverns and the bar areas of restaurants became smokefree on January 1, 2007.

Florida

• 1 July 2003 banned in all workplaces, except private homes, tobacco shops, designated rooms at motels and hotels, and stand alone bars with no more than 10% of revenue from food sales.

Georgia

• July 1, 2005 banned in restaurants and bars that allow minors under 18 to enter, or employ minors.
• Athens-Clarke County, 2005, Indoor smoking ban, including restaurants and bars, passed by Athens-Clarke County Commission
• Morrow, September 21, 2006 prohibited in all public places, including bars.

Hawaii

• Smoking ban in restaurants are enforced by Honolulu and Maui counties [9]. A smoking ban which will apply to county and state facilities, workplaces, and enclosed or partially enclosed public areas was signed into law on July 10, 2006 and took effect November 16, 2006.

Idaho

• July 2004 banned in restaurants, retail stores, sports venues, child care centers, schools, and hospitals. Bowling alleys will be covered in the ban later this year, due to the legislature recently overriding the governor's veto on a bill extending the ban to bowling alleys. Exempts bars and private clubs.

Illinois

• On Jan. 1, 2008, the Smoke Free Illinois Act took effect. The act bans smoking in virtually all public places statewide, including bars, restaurants, and casinos, subject to a few, narrow exemptions. The act supersedes all local bans that are less restrictive. [10]

Indiana

• Allen County, 2007 banned in all places, except for bars, and any establishments prohibiting minors under 21 from entering. Similar to the Cook County smoking ban, municipalities are allowed to opt out of it, as New Haven decided to do.
• Avon, September 1, 2006, banned in all public places except bars.
• Bloomington, January 1 2005 banned in public buildings including outdoor dining areas. Smoking is allowed only outside at a "reasonable distance" from doors, vents, and windows - measured by whether smoke can drift inside. Also banned in bars and private clubs as of 2005. From January 1 2008 also banned on the campus of Indiana University, including all outdoor areas.
• Carmel, March 5, 2006 banned in all workplaces, enclosed areas and common-use areas (i.e. restrooms, lobbies, etc.), nursing homes and retirement facilities, condos, and restaurants. Exempts bars that don't employ or serve people under 21, tobacco stores and bars, private vehicles, private and fraternal clubs, and hotel/motel rooms, providing that 20% or fewer rooms are designated for smoking.
• Clarksville, December 11, 2007, rejected ban on smoking in all places open to the public
• Columbus, February 1, 2006, banned in all public places, except bars and private clubs.
• Crown Point, April 1, 2008, banned in all places, except bars and private clubs.
• Delaware County
• Evansville, January 2, 2007 banned in most public places, except in establishments with physically separated smoking rooms prohibiting minors under 18.
• Fort Wayne, banned in January 1999 in all restaurants, except in separate, fully enclosed area(s) within a restaurant with a ventilation system. Exempted bars and bowling alleys. Effective June 1, 2007, Fort Wayne's ban expanded to include all restaurants, bars, and private clubs. The new ban excepts retail tobacco stores and hotel rooms that are specifically designated for smoking. [11]
• Franklin, August 1, 2006 banned in all public places, except bars and private clubs.
• Goshen, September 1, 2007 banned in all places, except bars and private clubs.
• Greencastle, September 1, 2007, banned in all businesses, including restaurants and bars.
• Greenfield, March 1, 2006 banned in all public places, but exempts bars.
• Greenwood, April 22, 2006 banned in all places, except bars.
• Indianapolis, March 1, 2006 banned in all workplaces, day-care facilities, sports arenas, and restaurants and bars serving or employing minors younger than 18. Exempts bowling alleys, tobacco bars, tobacco stores, and private clubs.
• Jeffersonville, June 15, 2006 banned in almost all public places, including restaurants. Exempts bars and private clubs.
• Kokomo, October 6, 2006 banned in all public places and workplaces, except bars, private clubs, nursing homes, and any establishments serving alcohol and not serving patrons under 21.
• Lawrence, July 1, 2006 banned in all places except bars.
• Ligonier, November, 2007 rejected ban on smoking in all buildings open to the public
• Madison,
• Morgan County, January 1, 2005 banned in all restaurants, except ones that have separate smoking rooms.
• Muncie, July 15, 2006 banned smoking in restaurants and bowling alleys, except those with attached bars that were closed off from the rest of the building. Exceptions were also made for bars and taverns.
• New Haven, rejected ban; instead, passed similar law to those in place in St. Louis County, Missouri and Lake St. Louis, Missouri, requiring businesses permitting smoking to post exterior signage stating their smoking policy.
• Plainfield, February 1, 2007 banned in workplaces, restaurants, and bars. Exempts private clubs and nursing homes.
• Seymour, July 30, 2006 banned in public places except bars and private clubs.
• Shelbyville, August 1, 2006 banned in all public places, but exempts bars.
• Speedway, September 1, 2006 banned in all indoor public places except bars.
• Valparaiso, April 1, 2007, banned in all places, except bars and private clubs.
• Vanderburgh County
• West Lafayette, July 1 2007 banned in all workplaces except homes, some hotel rooms, retail tobacco stores, tobacco bars, private clubs and outdoor areas in the city, including Purdue University's main campus.
• Zionsville, August 10, 2006 banned in all indoor public places, including workplaces, restaurants, bars. Also banned in private clubs, like Bloomington's ban.

Iowa

• On February 27, 2008, the Iowa Senate approved a ban on smoking, but includes a ban on smoking in the casinos and a provision to permit smoking in single-person farm vehicle cabins. The bill will go back to the House to debate the changes.
• On February 19, 2008, the Iowa House approved a ban of smoking in all facilities except casinos and private veterans clubs when they are not open to the public. The fate of the ban remains uncertain in the Iowa Senate. Governor Culver said if the House and Senate can agree on a bill, he would sign it. Senate leaders said a statewide smoking ban will pass this year. They just don’t know how soon or in what form.
• On May 7, 2003, the Supreme Court of Iowa ruled that Iowa state law prevented all local governments from restricting smoking beyond existing state law, which expressly allows proprietors of most workplaces, including restaurants and bars, to choose their own smoking policies. The court's decision specifically nullified Ames's smoking ban. Today, Iowa has no smoking bans besides the few restrictions on workplace smoking in Chapter 14 of the Iowa State Code.
• Ames, 2003, banned smoking in most public places other than bars, bowling alleys, truck stops, and restaurants (after 8:30 p.m.). Ames's ban specifically was nullified by the Supreme Court of Iowa in 2003.
• Iowa City, March, 2002, banned smoking in any establishment which earns more than 50% of its revenue from food prepared and served on its premises. The city rescinded its ban after the Iowa Supreme Court's 2003 ruling

Kansas

• The Kansas Legislature twice has rejected a statewide smoking ban, once in January of 2007 and again in August of 2007.
• Abilene, August 29, 2005, banned in all workplaces, except bars and bowling alleys.
• Derby, January 1, 2009, banned in all workplaces; exempts restaurants and bars unless Wichita passes a smoking ban affecting such establishments.
• Fairway, January 1, 2006, banned in all public places.
• Garden City, January 8, 2007, banned in all restaurants and bars, and private clubs. Exempts private offices.
• Harvey County, January 1, 2008, banned in all workplaces, including restaurants and bars in unincorporated areas of Harvey County, and within 20 feet of the entrances to those places.
• Unincorporated areas of Johnson County, April 1, 2007, banned in all enclosed workplaces
• Lawrence, July 1, 2004, began a ban on smoking in "all enclosed public places" within the city.
• Leawood, January 2, 2008, was the 2nd Kansas City area municipality to agree to the KRHA model smoking ban ordinance, similar to the ban passed in Overland Park. It bans smoking in all places, except for outdoor patio areas of restaurants.
• Mission, August, 2005, rejected ban on smoking in bars and restaurants
• Mission Hills, May, 2007, rejected smoking ban
• Newton, January 1, 2008, banned in the indoor areas of all public workplaces, including restaurants and bars, and within 20 feet of the entrances to those places
• North Newton, January 1, 2008, banned in the indoor areas of all public workplaces, including restaurants and bars, and within 20 feet of the entrances to those places
• Olathe, November 16, 2006 banned in all public places, including restaurants, bars, and workplaces. Private clubs and fraternal clubs exempt.
• Ottawa, June 1, 2008 scheduled to be banned in restaurants. Bars, fraternal and private clubs exempt. Presented to Ottawa City Commission by Youth in Government in July of 2007.
• Overland Park, January 2, 2008, banned in all workplaces, including restaurants and bars, private clubs, and bowling alleys. Exempts outdoor patio areas of restaurants. First Kansas City area municipality that voted in favor of the model smoking ban ordinance agreed to by Clean Air KC and the Kansas Restaurant and Hospitality Association(KRHA). The former smoking ordinance required smoking areas in restaurants that were built after 2000 to be ventilated and physically separated, and allowed for ventilated smoking rooms in office workplaces to be created, both which will no longer be allowed under the new ordinance.
• Prairie Village, January 2, 2008, banned in all workplaces; exempts bars and restaurants are unless all neighboring cities pass bans (not currently met, because Kansas City, Missouri, Mission and Mission Hills do not have bans affecting restaurants and bars in effect).
• Roeland Park, May 17, 2006, banned in all workplaces, including bars and restaurants.
• Salina, 2002, banned in all restaurants between 5am and 9pm. Ban only applies to restaurants.
• Sedgwick, November 20, 2007, rejected ban on smoking in bars and restaurants by unanimous decision of the city council
• Scott City, January, 2004, rejected ban on smoking in bars and restaurants
• Shawnee, January 2, 2008, banned in all workplaces including restaurants and private clubs, but exempting 25% of hotel rooms and any bars which derive less than 33% of their gross annual revenues from food sales.
• Westwood, February 1, 2008, banned in the indoor areas of all public workplaces, including restaurants and bars, and within 25 feet of the entrances to those places.

Kentucky

• Ashland, October 1, 2006 Prohibits smoking in all enclosed public places and places of employment, as well as outdoor arenas, venues and outdoor patio areas of restaurants and bars.
• Daviess County, January 1, 2006 banned in any public establishment open to children under 18. Exempts private businesses and bars.
• Frankfort, July 25, 2006 banned in all businesses, including public buildings, restaurants, and bars.
• Georgetown, October 1, 2005 banned in most public buildings. Smoking is still allowed in some hotel rooms.
• Letcher County, took effect July 1, 2006 in all public buildings and restaurants. Exempts private clubs, private buildings.
• Lexington, April 27, 2004 banned in public buildings.
• Louisville, November 15, 2005 banned in all public buildings, except bars and taverns, restaurants with profits from bar sales at least 25%, Churchill Downs, and with permission from the city. Fully banned in restaurants and bars (except at Churchill Downs) as of July 1. Invalidated by a state court on Dec 21, 2007. A new smoking ban was passed into law on January 11, 2008 and now bans smoking in all public buildings, including bars and Churchill Downs.
• Madison County, June 12, 2007 banned in all workplaces, restaurants, and bars, including all businesses in the cities of Richmond and Berea. Exempts outdoor patio areas of restaurants and bars (bars are only allowed in the city of Richmond, since the rest of the county is dry).
• Paducah, April 1, 2007 banned in all workplaces, bars, and restaurants.
• Paintsville, 2006 banned in all workplaces. (Bars are not mentioned in the ordinance, but Paintsville is located in a dry county.)

Louisiana

• SB 742 signed into law, banning smoking in all workplaces, restaurants, and other indoor public venues. It exempts bars and casinos, taking effect on January 1, 2007. [12]
• Lafayette
• Mandeville, June 10, 2005 banned in public places, workplaces, virtually all areas of public parks, and restaurants without a liquor license. Exempts bars and any restaurants with a liquor license.
• Shreveport, May 10, 2005 banned in public buildings, city parks, public areas, restaurants, and shopping malls and retail stores. Exempts bars and any businesses that sell alcohol.
• Terrebonne Parish, January 12, 2006 banned in shopping centers and malls, adult, child-care, and health-care facilities, parish buildings, sports arenas, museums, retail stores, restaurants without a liquor license, and bus stops. Exempts restaurants and bars with liquor licenses.

Maine

• Effective January 1, 2004 banned in bars. Smoking has been banned in restaurants since September 1999. The "Workplace Smoking Act of 1985" prohibits smoking in workplaces which are not open to the public.[13]

Maryland

• Governor Martin O'Malley signed Clean Indoor Air Act of 2007 into law on May 17, 2007. Effective February 1, 2008, the law prohibits smoking in indoor public places,fraternal clubs, and indoor workplaces, including all restaurants and bars. Exempt from the law are private homes and residences, no more than 25% of hotel rooms, retail tobacconists, tobacco manufacturers, importers, wholesalers, or distributors, and laboratories researching the health effects of tobacco smoke. The Act allows businesses to apply for waivers to the law, however all waivers will expire on January 1, 2011.
• Baltimore - City Council passed ban for bars and restaurants on February 26, 2007. The ban was originally supposed to go into effect on January 1, 2008, but the date was changed to February 1, 2008 to coincide with the new statewide ban.
• Charles County - banned in restaurants but not standalone bars since June 2006. Its county seat, La Plata, has since passed an expanded ordinance going beyond the county's ban, extending the ban to town bars, in addition to restaurants.
• Howard County - passed smoking ban on June 5, 2006. The ban went into effect on June 1, 2007. Smoking is banned in all restaurants and bars.
• Montgomery County, July 1 2003 - banned in all eating and drinking establishments. Exempts private and fraternal clubs that hold liquor licenses.
• Prince George's County, December 23, 2005 - banned in all bars and restaurants. Private clubs are exempt.
• Talbot County, April 2004 banned in all bars and restaurants. Exempts fraternal clubs.

Massachusetts

• July 2004 banned in all workplaces, including restaurants and bars. MA's ban exempts private clubs, and cigar bars.
• Freetown, Massachusetts, January 1 2004 banned in all businesses, including private clubs.

Michigan

• The Michigan Legislature rejected a statewide ban on smoking in bars and restaurants on December 10, 2007, when the Senate rejected the proposal, although it previously had been passed in the House.
• Wayne County, June 15, 2007, banned in all enclosed indoor workplaces, except restaurants, bars, bingo halls, or "designated smoking rooms" with air-control systems.

Minnesota

• 1 October 2007, smoking is prohibited in all indoor and in-home workplaces including restaurants, bars, public transportation through the Freedom to Breathe Act of 2007 [14]. Some minor exemptions apply, such as allowing actors to smoke in stage performances. This ban enhanced the original Minnesota Clean Indoor Air Act of 1975 [15], which banned smoking in workplaces not frequented by the general public. The ban does not prohibit smoking outdoors, regardless of the distance from indoor areas. This ban supersedes all weaker local bans; however, counties and cities are allowed to enforce more stringent rules. Examples follow:
  • Beltrami County: Smoking is prohibited within 10 feet of the entrances to restaurants and bars. Effective date January 1, 2005.
  • Bloomington: Smoking is prohibited within 25 feet of entrances and in 50% of outdoor eating areas of restaurants. Effective date July 19, 2004.
  • Carlton County: Smoking is banned on 50% of outdoor patio seating in restaurants and bars. Effective date June 1, 2007
  • Cloquet: Smoking is prohibited within five feet of the entrances to restaurants and bars. Effective date September 7, 2001.
  • Golden Valley: Smoking is prohibited within 25 feet of entrances, exits, and ventilation openings of all areas of restaurants and bars; public parks; and recreational facilities. Effective date March 31, 2005.
  • McLeod County: Smoking is prohibited within 10 feet of the entrances to restaurants and bars. Effective date August 1, 2006.

Mississippi

• Corinth, November 2007 Board of Aldermen adopted a public smoking ban that encompasses city-owned facilities, enclosed public places, employment places and some outdoor areas.
• Greenville, banned in all indoor public places, including restaurants and bars
• Greenwood, August 23, 2007 banned in all workplaces, restaurants, and bars.
• Hattiesburg, January 1, 2007 banned in all indoor public places, including bars, restaurants, and city buildings.
• Lucedale, December, 2007, rejected a ban on smoking in all enclosed workplaces
• Oxford, banned in all indoor public places, including bars, restaurants, and city buildings. Smoking is also prohibited in certain outdoor areas.
• Ridgeland, July 20, 2007 banned in all workplaces, restaurants, and bars.
• Starkville, May 20, 2006 banned in all indoor public places, including bars, restaurants, and city buildings. Smoking is also prohibited in certain outdoor areas.
• Tupelo, October 2006 banned in all indoor public places, including restaurants and bars.

Missouri

• Only one proposal for a statewide smoking ban ever has been proposed before the Missouri General Assembly (S.B. 1079 in February of 2008), but it has no cosponsors and little support. Most state officers, both Republican and Democrat, including Governor Matt Blunt, believe that the issue should be decided by cities and counties, not by the state. Only 20% of Missourians support a statewide ban on smoking in all public places. As of November, 2007, Missouri has the second-lowest cigarette excise taxes in the United States (behind only South Carolina) at 17 cents per pack, and the electorate voted in 2002 and 2006 to keep it that way. In 2007, Forbes named Missouri's largest metropolitan area, St. Louis, America's "best city for smokers." Missouri also has one of the most permissive approaches to alcohol in the United States (see Alcohol laws of Missouri). Missouri law allows bars and restaurants which seat fewer than 50 people, bowling alleys, and billiard parlors to decide their own smoking policies, without limitation.
• Arnold, November 1, 2004, banned in all restaurants
• Ballwin, January 2, 2006, banned in all public places, including workplaces, bars, and restaurants.
• Blue Springs, May 1, 2008, banned in all restaurants, public buildings, city-owned buildings and most workplaces; exempts bars, bowling alleys, billiard parlors, and retail tobacco shops.
• Chillicothe, January 1, 2008, banned in all workplaces, including bars and restaurants.
• Columbia, January 9, 2007, banned in all public places, including bars and restaurants.
• Farmington, October, 2007, mayor vetoed a ban on smoking in restaurants; and a ban on smoking in all workplaces was rejected in January of 2008
• Jefferson City, December, 2003, mayor vetoed a ban on smoking in restaurants
• Independence, March 17, 2007, banned in all workplaces, including bars and restaurants, per referendum in November of 2006, but invalidated by a state court in December of 2007.
• Kansas City, March 24, 2008, banned in all workplaces, but with numerous exemptions.
  • Exempts bars ("bar" is defined as an establishment "where the primary purpose is the sale, service and consumption of alcoholic beverages"); exemption includes bars located within other establishments, such as restaurants, private clubs, and bowling alleys;
  • Exempts any establishment with a liquor license after 9:00 p.m.;
  • Exempts casinos; and
  • Exempts retail tobacco stores.
• Kirksville, July 1, 2007, banned in all workplaces, including bars and restaurants.
• Lee's Summit, December 8, 2006 banned in all workplaces, including bars and restaurants. The original ban, which was passed in August of 2006, exempted restaurants with ventilated smoking areas and bars that had very limited food sales, but, as in Independence, voters chose to close those exemptions in November 2006.
• Maryville, June, 2003, banned in restaurants; exempts all bars, exempts restaurants that receive 50% or more of their gross revenues from alcohol.
• Nixa, June 8, 2007, banned in all workplaces, including bars and restaurants.
• Smithville, December 18, 2007, rejected a ban on smoking in all workplaces, including restaurants and bars
• Springfield, July, 2003, banned in all workplaces, including most restaurants; exempts bowling alleys, restaurants with a capacity lower than 50, restaurants with alcohol sales exceeding $200,000 per year, restaurants with more than 50% proceeds from alcohol sales, and bars.
• St. Louis County, August, 2006, rejected a ban on smoking in bars, restaurants, and casinos; instead, required businesses which allow smoking to post exterior signage stating their smoking policy.

Montana

• 1 October 2005, banned in all public buildings, including workplaces and restaurants. Bars, casinos, night clubs, and cocktail lounges that get 60% or more of their income from alcohol or gambling are exempt from the ban until October 1, 2009.

Nebraska

• In February 2008, the Nebraska Legislature passed a statewide smoking ban that will go into effect on June 1, 2009. The ban is modeled after Lincoln's ordinance.
  • Lincoln, January 1 2005, banned in public buildings, except outdoor dining areas and designated hotel rooms.
  • Omaha, October 1 2006, banned in all workplaces. A five-year sunset clause (until May 2011) exempts bars that do not serve food, keno parlors, and tobacco-only shops.

Nevada

• On November 7, 2006 Nevada voters enacted the Nevada Clean Indoor Air Act[16] (Question 5), codified at NRS 202.2483 et seq. Question 5 received over 54 percent of the vote and became law on December 8, 2006. The Act states that smoking tobacco in any form is prohibited within indoor places of employment including: public and private school buildings and on public and private school grounds; child care facilities with five or more children; all areas of grocery stores, convenience stores and drug stores; all indoor areas within restaurants, including those in casinos or gaming establishments; bars, taverns and saloons that serve food; shopping malls and retail establishments; video arcades; government buildings and public places; and movie theaters. The Act states that smoking is permitted in: areas within casinos where loitering by minors is already prohibited by state law per NRS 463.350; stand-alone bars, taverns and saloons that do not serve food; strip clubs and brothels; retail tobacco stores; and private residences, including private residences that may serve as an office workplace, except if used as a child care, adult day care or health care facility.

New Hampshire

• Governor John Lynch signed a bill banning smoking in restaurants, bars, and in cigar bars, on June 19, 2007. The law came into effect September 17, 2007.

New Jersey

• April 15, 2006, banned in bars, restaurants, bowling alleys, etc. Exceptions in NJ: cigar lounges, tobacco retailers, and on the gaming floors in Atlantic City casinos (a compromised smoking ban on casino floors went into effect on April 15, 2007). This ban was signed into law on January 15 2006. New Jersey's smoking ban thus connected a stretch of coastal Northeast states with bans against smoking in bars and restaurants, spanning from Delaware to Massachusetts.
• Atlantic City, April 15, 2007, Atlantic City took advantage of a loophole that allows local jurisdictions to enact a tougher smoking ban than the state. A compromise smoking ban proposal was passed, instead of a total ban originally proposed for casino floors, prohibiting smoking in 75% of gaming floors, and requiring any gaming areas allowing smoking to be no greater than 25% of the overall gaming floor. It also requires any gaming areas allowing smoking to be physically separated and ventilated from non-smoking gaming areas, and for permanent separation of such areas to be in place by the end of 2007.

New Mexico

• The Dee Johnson Clean Indoor Air Act[17], effective June 15, 2007, prohibits smoking in virtually all indoor workplaces and indoor public places, as well as the entrances to those buildings. The law exempts casinos, bingo halls, non-profit private clubs, cigar bars, private residences not used for child care or adult health care, tobacco stores and manufacturers, limousines for private hire, up to 25% of hotel rooms, enclosed areas in bars and restaurants used for private functions and sole-proprietor businesses with fewer than two employees. The law also prohibits smoking near the entrances, windows and ventilation systems. Employers will be required to adopt, implement and post a written smoking policy. Penalties are $100 for a first violation, $200 for a second violation within 12 months and $500 for the third and subsequent violations.

New York

• July 2003 banned in all workplaces, bars, restaurants, bowling alleys, pool halls, and company cars, except Indian casinos and cigar bars.
• New York City, [March 30,2003] banned smoking in all restaurants, food-service establishments, and bars.

North Carolina

There are no smoking bans at the state level in North Carolina. A state law passed in 1993 expressly prohibits any smoking restrictions to be passed by any form of local government (counties, cities, towns, etc.). The law is written with a caveat which allows local governments to enact smoking restrictions within: buildings owned/leased/occupied by local government, public meetings, the indoor space in an auditorium/arena/coliseum, libraries or museums open to the public, and any place on a public transportation vehicle owned or leased by local government and used by the public.

North Dakota

• The North Dakota Legislative Assembly enacted a statewide ban on smoking in public places and places of employment, which exempts both stand-alone bars and restaurants which have bars with separate, enclosed smoking areas, effective August 1, 2005. The Legislative Assembly rejected ending these exemptions in February of 2007.

Ohio

• On November 7, 2006 Ohio voters approved Chapter 3794 of the Ohio Revised Code (AKA Smoke Free Ohio and Issue 5), which bans smoking in all restaurants, bars, and workplaces with very few exceptions. As this ban is a state law, it superseded any local or county smoking ban previously in force when it came into effect on December 7, 2006. The law gave the power of enforcement to the Ohio Department of Health. On May 3, 2007, the Ohio Department of Health began enforcement of the law.[18] A business may be fined up to $2,500 and individuals $100 if they violate the ban. All places of employment or public places must prohibit all smoking indoors and post legible no smoking signs that contain a number for reporting violations at all entrances. Also all public places must remove all ashtrays and other smoking receptacles. In a recent Supreme Court ruling, this ban was ruled unconstitutional and will consequently be lifted in 2010.

Oklahoma

Oklahoma state law expressly preempts any local jurisdiction from enacting a smoking ban.. As a result, the only smoking regulations are at the state level.

• Smoking is illegal inside and within 25 ft (7.6 m) of all State-owned buildings, including courthouses, municipal buildings and public education facilities.
• Smoking is banned in any indoor workplace - including restaurants and hotels - unless a separate ventilation system under negative pressure is installed for ventilating the smoking area. Some exceptions are built into the statute. Bars and private clubs are one of the such exemptions in Oklahoma's ban.

Oregon

• On June 26th, 2007, Gov. Kulongoski signed the Clean Air Act (SB571), which will ban smoking in all enclosed public places, including bars, taverns, and restaurants. Exempt from the ban are tobacconists, cigar bars, and up to 25% of hotel rooms. The law takes effect on Jan. 1st, 2009.[19]
• Corvallis, August 1997 banned in all businesses and public buildings, including within 3 meters (10 ft) of entrances.
• Eugene, July 2001 banned in all public areas, including bars, restaurants, and venues. [20]
• Multnomah County, July 1 2000 banned in workplaces, except bars, truck stops, and private residences. [21]
• Philomath, banned in all workplaces, restaurants, and bars.

Pennsylvania

• In May of 2007, the Commonwealth Court of Pennsylvania ruled that Pennsylvania's Clean Indoor Air Act of 1988 prevented all local governments, except the city governments of Philadelphia and Pittsburgh, from restricting smoking beyond existing state law, which does not ban smoking in all workplaces, in bars, or in restaurants. The court's decision specifically nullified smoking bans in Erie County, Allegheny County, and Scranton.
• Allegheny County, October, 2006, banned in all workplaces, including restaurants, but not bars. The ban was invalidated by the Commonwealth Court's May, 2007, decision detailed above.
• Erie County, March 15, 2007, banned in all workplaces, including restaurants and bars within Erie County. The ban was invalidated by the May 2007 Commonwealth Court decision.
• Philadelphia, January 8, 2007, a ban on smoking in almost all workplaces, including in all restaurants and any bars which do not receive at least 90% of their gross revenues from alcohol sales. This is the only smoking ban currently in effect in Pennsylvania.
• Scranton, January 7, 2007, banned in almost all workplaces, including restaurants and most bars. This was another ban that was invalidated by the Commonwealth Court's May 2007 decision.

Puerto Rico

• Banned in almost every indoor location as of March 2, 2007[22]

Rhode Island

• 1 March 2005 banned in almost all indoor workplaces, except some gambling facilities.

South Carolina

• Beaufort County, banned in all workplaces, including restaurants and bars, within unincorporated areas of Beaufort County. January 10, 2007. [23]
• Bluffton, banned in all workplaces, including restaurants and bars. January 10, 2007. [24]
• Charleston, July 2007, prohibited in all restaurants, bars, and workplaces. Cigar bars, theatrical performances involving smoking, and 25% of designated hotel and motel smoking rooms are exempt.
• Columbia, January 9, 2007, banned in all workplaces, except for bars where 85% of revenue comes from the sale of alcohol. [25]
• Greenville, January 1, 2007, banned in all workplaces, restaurants, and bars. A court ruling in early 2007 ruled Greenville's smoking ban to be in violation of a state preemption law, and invalid. As of November, 2007, that case is on appeal to the South Carolina Supreme Court. Due to the ruling, Greenville has chosen not to enforce their ban, for now. [26]
• Hilton Head Island, Indoor smoking ban in restaurants, bars, and public places will take effect May 1, 2007.[27]
• Mount Pleasant, September 1, 2007 banned in all restaurants, bars, workplaces, and private clubs.
• Sullivan's Island, effective July 20, 2006, a ban on smoking in workplaces, including restaurants and bars. Upheld by the Charleston County Court of Common Pleas on December 20, 2006. [28]

South Dakota

• 2002 banned in all office workplaces, and restaurants that don't have a liquor license. Smoking also banned in all government buildings, per an executive order by Governor Mike Rounds in 2006. Gambling and casino facilities, bars, and any restaurant that has a liquor license are exempt from the ban.
• Sioux Falls 2003 closed the loophole allowing restaurants to obtain a liquor license, without intention to use it, to keep their smoking sections of their restaurants. Restaurants that have liquor licenses must have liquor on their menu and available to customers.

Tennessee

• State Senate passed a billed backed by Gov. Phil Bredesen banning smoking in restaurants and most public places on May 24, 2007. The House passed the Non-Smoker Protection Act on May 31, 2007 with more exceptions than the Senate version. Notable exemptions to the bill include bars with access to persons 21 and older at all times, private clubs, businesses with three or fewer employees, and establishments with at least one completely open garage type door on one or more sides. The bill was signed on June 11, 2007, goes into effect on July 1, 2007, and will be enforced beginning on October 1, 2007.

Texas

• Abilene, January 3, 2007 voter-approved smoking ban took effect, banning smoking in all restaurants, bars, and workplaces.
• Alvin, 2002 banned in restaurants. Bars and taverns exempt.
• Arlington, January 1, 2007. Ban includes all restaurants and clubs as well as outdoor areas within 50 feet of entrance or exit of establishment.
• Austin, September 1 2005 ban extended to all bars and clubs. Smoking is still allowed in bingo halls, fraternities, hotel rooms, and nursing homes. The ban was approved by only 52% of voters.
• Beaumont, ban takes effect August 1, 2006 in all enclosed public places, including workplaces, restaurants, and bars.
• Benbrook, effective November 1, 2006. Ban includes all public buildings and within 25 feet (7.6 m) of entrance or exit of same. For the purposes of this ordinance, 'public building' includes home offices, regardless of access to public, as well as storage buildings, detached garages, or any other building on residential site or other place in the city. Ban includes allowing a person to smoke.
• Boerne, effective March 27, 2007. Banned in all public places within the city limits, except bars.
• Brenham, July 20, 2007, banned in all workplaces, except bars and manufacturing facilities.
• Carrollton, banned in restaurants.
• Dallas, March 1 2003 banned in all restaurants, bowling alleys, and city-owned facilities. Bars are exempt and hotels can offer smoking rooms. Private clubs are still subject to these regulations.
• El Paso, January 2 2002 banned in all workplaces, bingo halls, restaurants, bars, and public areas and waiting rooms of doctor's facilities.
• Galveston, February, 2006, rejected ban on smoking in all enclosed workplaces
• Harlingen, April 2, 2005 banned in all public places except bars, nightclubs, and at Valley Race Park, a local dog track.
• Houston, September 5 2005 banned in restaurants, but excluded bar areas inside restaurants and bars/taverns. Ban extended to bars and restaurant bar areas in September 2007.
• Laredo, October 2006 banned in all public places, workplaces, restaurants, and bars. Was amended earlier this year to exempt establishments that prohibit minors under 21 from entering.
• Lubbock, July 22, 2004 banned in all public places, except for any smoking areas in restaurants or bars that are completely walled off from the rest of the building, and have a separate ventilation system. Bingo halls and designated hotel smoking rooms exempt.
• McAllen, October 23, 2007 banned in all places, except private clubs, tobacco shops, and bars that get 70% or greater sales from alcoholic beverages.
• New Braunfels, banned in most indoor public places, including restaurants. Private clubs and stand-alone bars exempt.
• Odessa, banned in restaurants, except for any smoking areas in restaurants that are completely walled off from the rest of the building, and have a separate ventilation system.
• Pearland, November 30, 2007 banned in enclosed public places, including bars, businesses, clubs, employee lounges, entertainment venues, offices, restaurants, retail stores, workplaces, seating areas of outdoor arenas and stadiums, city-owned parks and playgrounds, and within 25 feet of entrances, operable windows and ventilation systems.
• Plano, banned in restaurants. Was amended earlier this year, and expanded on June 1, 2007 to cover all places, including restaurants and bars.
• Robinson, banned in all public places. Exempts bars.
• Rollingwood, banned in restaurants and bars.
• Round Rock, banned in workplaces and restaurants. Bars are exempt.
• San Antonio, 2003 previous smoking restrictions ordinance was updated and strengthened - now banned in all "public places", including restaurants, "except for enclosed bar areas, enclosed dining areas and outdoor seating areas designated as smoking" - There are certain exclusions (many of these also require than no one younger than 18 be admitted into the smoking areas): billiard halls without food; bingo facilities without food; comedy clubs; separately enclosed bar areas within restaurants; separately enclosed areas and outdoor areas of restaurants (designated non-smoking outdoor areas must be provided); designated smoking rooms in hotels (not more than 1/4 of rooms may be so designated); outdoor bus stops; private residences not used for certain business purposes (child/adult day care or health care facility); certain private nursing home rooms; restaurants, hotel and motel conference or meeting rooms, and public and private assembly rooms, when these places are being used for private functions (with some restrictions); retail tobacco stores (with some restrictions); Stand-alone bars, where persons under the age of eighteen (18) years are not admitted; and tobacco product manufacturing facilities. (Ord. No. 97895, § 1, 8-7-03)
• Schertz, 2001 banned in restaurants, except if restaurant bar sales account for greater than 25% of a restaurant's business. Bars exempt.
• Southlake, June 1, 2007, banned in all workplaces, restaurants, bars, and outdoor patio areas. The ordinance, as written, also bans smoking in all motel and hotel rooms.
• Sugar Land, January 1, 2008 banned in all businesses, except bars.
• West Lake Hills, smoking banned in public places.
• Woodway, banned in restaurants, bars, and workplaces.

Utah

• In 2006 Utah became the 12th state in the country to enact a law banning smoking in bars. On March 1, 2006, the Utah State Legislature passed amendments to the 1995 Utah Indoor Clean Air Act that will fully ban smoking in bars and taverns by January 1, 2009. The revised smoking ban originally banned smoking in private clubs as of January 1, 2007, but a bill passed earlier this year that will now start the ban for private clubs in Utah 2 years later, and on the same day as when bars go nonsmoking. The new amendments will also restrict smoking from day cares; private schools; social, fraternal and religious organizations; and even workplace smoking areas. The 1995 act already banned smoking in restaurants.
• Green River, December 4, 2007, banned in all enclosed workplaces, but repealed for bars and restaurants effective December 27, 2007.

Vermont

• September 1 2005 Vermont has three laws governing smoking in workplaces and public places. The "Smoking in the Workplace" law prohibits smoking in all areas of workplaces except separately-ventilated smoking areas that non-smoking employees are not required to visit, areas commonly open to the public and any portion of a structure which also serves as the employee's or employer's personal residence. The "Smoking on School Grounds" law prohibits smoking on public school grounds, and prohibits students from smoking at all public school sponsored events. The "Smoking in Public Places" law prohibits smoking in all public places including restaurants and bars, exempting only areas of owner-operated businesses which are not open to employees and not commonly open to the public.[29]

Virginia

• The Virginia General Assembly has rejected a statewide ban on smoking in bars and restaurants twice, first in February of 2006, and then on April 4, 2007, against the wishes of Governor Tim Kaine.

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Washington

• December 8, 2005 banned in all workplaces, including bars, restaurants, bowling alleys, non-tribal casinos, and bus stops. Also bans smoking while standing within 25 feet (8m) of a door or window that can open or a ventilation intake, and even cigar bars aren't allowed to have smoking. Currently it is the strictest smoking ban by any state in the country.

West Virginia

• Local smoking bans of varying degrees are in place in all 55 counties. The bans have been set by county health departments. The "banning" began in 2001, starting with Kanawha County.

Wisconsin

• Appleton, July 1, 2005 banned in all workplaces, including bars and restaurants.
• Ashland, May 1, 2000 banned in restaurants. Exempts bars, and any restaurants with physically separated and ventilated smoking rooms.
• Beloit, July 1, 2007 banned in all workplaces, and restaurants. Exempts gaming facilities, and taverns with 50% or greater alcohol sales.
• Eau Claire, 2000, banned in all restaurants.
• Fitchburg, April 1, 2008, banned in all restaurants. Bars and bowling alleys will be phased into the smoking ban, but were given a 3 year sunset clause from being covered by the ban (until January 1, 2011). Cigar bars, and designated motel smoking rooms are permanently exempt.
• Janesville, 2002, banned in restaurants, except for physically separated and ventilated areas within a restaurant. Also exempts restaurants that have less than 50% food sales.
• Kenosha, banned in all restaurants in 2000. Exemption is restaurants with completely separate rooms with a completely closed room separating smoking from non smoking.
• Madison, June 21, 2005 banned in all workplaces, including bars, and restaurants. Cigar bars were originally covered in the ban, but are now exempt. Also exempts private clubs. [30]
• Menominee, September 12, 2006 banned in all public places, except Native American ceremonies, bars, and restaurants with that make 50% or more of their sales from alcohol.
• Oshkosh, May 2004, voters approved referendum banning smoking in restaurants, except in physically separate smoking rooms in restaurants, and in bars or restaurants defined as making 70% or greater sales from alcohol.
• Shorewood Hills, 1995 banned in all restaurants, bars, and workplaces.
• Wauwatosa, July 1, 2006, banned in all restaurants, except in restaurants that have a physically separate room designated for smoking, or a bar area that is fully enclosed and separate from a dining area. Also exempts any restaurants that derives 51% or greater sales from alcohol.

Wyoming

• Cheyenne, August 15, 2006 banned in all public places, restaurants, bars, and private clubs.
• Evanston, September 2007, banned in all restaurants, bars, and workplaces.
• Green River, December 2007, banned in all businesses, except bars and private clubs.
• Laramie, April 6, 2005 Smoking outlawed in all public places, including restaurants, bars and private clubs.
• Rock Springs, December 2007, banned in all places, except bars and private clubs.

Other bans

Some public transit agencies have chosen to take the step of banning smoking in any public transit facilities, and went beyond just banning smoking on public transit vehicles or trains. Portland, Oregon's mass transit agency, Tri-Met, decided to prohibit smoking within all bus shelters, transit centers, and most MAX train stations, as of September 2005. This rule is enforceable by a fine, exclusion, or arrest.

Similarly, Illinois law prohibits anyone from smoking on public school property (indoors and outdoors). In addition, smoking is prohibited in all college and university dormitories, as of 2006. Other states have also chosen to pass bans on smoking in all college dormitories, such as New Jersey, and Wisconsin, though these latter 2 bans only apply to public university dormitories.

Several states ban smoking in all government buildings, such as Kentucky, Tennessee, South Dakota, Virginia, and Mississippi.

In addition, a 1995 Maryland law bans smoking in all office workplaces.

The city of Bangor, Maine passed a controversial law in late 2006, banning smoking in cars with children under the age of 18. There is no fine, but police may pull over a 'suspected smoker,' and warn them. [31] In addition, Arkansas, Louisiana, and California have also banned smoking in cars, when children are present.

In 1997, pursuant to Executive Order 13058 signed by then-President Bill Clinton on August 9, 1997 smoking was prohibited in all interior spaces owned, rented or leased by the executive branch of the Federal Government and in any outdoor areas under executive branch control in front of air intake ducts.

Other restrictions

Many California communities have established smoke-free registries for private residential buildings, especially apartments. The policies may range from complexes where smoking is entirely prohibited (whether inside private dwellings or outside), or where certain sections of dwellings may be designated as smoking dwellings. While still a relatively new phenomenon, many California cities and communities such as Los Angeles have worked with the American Lung Association, which has been active in promoting anti-smoking policies in private residential buildings. Not surprisingly, such measures are somewhat controversial. While pro-smokers' rights groups have been vocal against such policies, most California cities allow landlords to place anti-smoking regulations at will because anti-smoking rules are in a context of landowners' private property. Also, anti-discrimination laws do not cover smokers, as smokers are not a protected class. According to the Los Angeles Daily News 82% of Californian apartment-dwellers favor smoking restrictions in their buildings.

In addition, many hospitals have enacted restrictive smoking bans throughout all outdoor areas of their campus in recent years, or enacted bans requiring smokers to stand as much as 50 feet away from buildings, causing much debate, and even condemnation from some non-smokers as being overzealous. An example that illustrates this controversy is a recent smoking ban enacted at the University of Missouri Hospital and Clinics in Columbia, MO. The hospital recently banned smoking as of September 2006 anywhere in or around the hospital, including in employee and patient vehicles - considered to be dangerous by some, since this forces some disabled to possibly have to cross a busy street to smoke while at the VA Hospital. Their official policy currently is to distribute flyers to patients saying that smoking is banned and detrimental to health, and take no further action. Some employees though, especially nurses and other staff, have reportedly done more than this, and fear it could lead to potential lawsuits, especially if patients are injured crossing the street to take a smoking break. In addition, the staff there is required to tell patients that they must cross the street to smoke (and one nurse even reportedly assisted a patient across the street while holding their IV bag). Some people have suspected that actions like this may put nurses and staff at risk for lawsuits from patients, since the university's official policy is to do nothing more after informing patient's that the facility is non-smoking. http://www.muhealth.org/~center/pgsmoking.shtml http://www.townoflaplata.com

See also

• Alcohol laws of the United States by state
• Smokeasy

References

• "State Smoking Restrictions." National Restaurant Association. Updated July 2006.
• Provance, Jim (1 May 2007). "Exemption on hold for private clubs: Cancer Society, bars win temporary block in court". The Blade. pp. 1, 4. Retrieved May 3, 2007. {{cite news}}: Cite has empty unknown parameter: |coauthors= (help)

External links

• Anti-Smoking Whiteboard
• Lists, Charts, and Maps of Smokefree Laws from the Americans for Nonsmokers' Rights Foundation
• ConnieTalk.com: Where Can You Smoke?