List of smoking bans in the United States


List of smoking bans in the United States
Map of current and scheduled future statewide smoking bans as of 18 June 2011 (2011 -06-18)

The following is a list of smoking bans in the United States. For smoking bans and restrictions outside the United States, see the worldwide list of smoking bans.

The United States Congress has not attempted to enact any nationwide federal smoking ban. Therefore, smoking bans in the United States are entirely a product of state and local criminal and occupational safety and health laws.

As further detailed in this list, smoking laws vary widely throughout the United States. Some places in the United States do not generally regulate smoking at all, some ban smoking in certain areas and not others, and some ban smoking nearly everywhere, even in outdoor areas (no state bans smoking in all public outdoor areas, but some local jurisdictions do). As of October 7, 2011, according to the American Nonsmokers' Rights Foundation, 79.6% of the U.S. population lives under a ban on smoking in "workplaces, and/or restaurants, and/or bars, by either a state, commonwealth, or local law,"[1] though only 48.5% live under a ban covering all workplaces and restaurants and bars.[2] A smoking ban (either state or local) has been enacted covering all bars and restaurants in each of the 60 most populated cities in the United States except these 17: Arlington, TX, Atlanta, Fort Worth, Indianapolis, Jacksonville, Memphis, Miami, Las Vegas, Nashville, New Orleans, Oklahoma City, Philadelphia, Pittsburgh, St. Louis, Tampa, Tulsa, and Virginia Beach.[3][4]

Contents

Overview

Statewide bans on smoking in all general public places

As of November 2011, 27 states have enacted statewide bans on smoking in all enclosed public places, including bars and restaurants: Arizona, California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Iowa, Kansas, Maine, Maryland, Massachusetts, Michigan, Minnesota, Montana, Nebraska, New Jersey, New Mexico, New York, Ohio, Oregon, Rhode Island, South Dakota, Utah, Vermont, Washington, and Wisconsin.

However, these states exempt a variety of places from their respective smoking bans. All except Delaware, Montana, Utah, Vermont, and Washington exempt tobacconists. All except Michigan and Vermont allow hotels and motels to designate a certain percentage of smoking rooms. Many also exempt or do not cover casinos (9), private clubs (7), cigar bars (13), or certain small workplaces (7). The following is a table of common exemptions from these 26 states' smoking bans:

States that exempt tobacconists States that exempt cigar bars States that exempt private clubs States that exempt casinos States that exempt small workplaces
AZ, CA, CO, CT, HI, KS, IL, IA, ME, MD, MA, MI, MN, NE, NJ, NM, NY, OH, OR, RI, SD, WI CA, CO, CT, MA, MI, NE, NJ, NM, NY, OR, RI, SD, WI AZ, CT, IA, KS, MA, NY, OH CT, IA, KS, ME (OTB parlors, beano and bingo halls), MI, NJ (including OTB parlors), NM, RI (including OTB parlors), WI CA (5 or fewer employees), CO (3 or fewer employees), CT (5 or fewer employees), NM (1 employee), OH (family owned and operated), UT (1 employee), VT (1 employee)

In Connecticut, Oregon, Montana, Utah, and Wisconsin, the state law preempts local governments from enacting stricter smoking bans than the state, though some cities and/or counties in some of those states have enacted local versions of the state's smoking ban. In the other 19 states with a statewide general smoking ban, some cities and/or counties have enacted stricter local smoking bans to varying degrees. The strictest smoking ban in the United States is in Calabasas, California, where smoking anywhere a non-smoker could congregate, including public sidewalks and apartment complexes, is a misdemeanor punishable by a fine of at least $250.[5]

Statewide smoking bans exempting bars

As of November 2011, 6 states ban smoking in most enclosed public places, but permit adult venues such as bars (and casinos, if applicable) to allow smoking if they choose: Arkansas, Florida, Louisiana, North Dakota, Pennsylvania, and Tennessee. In Florida, Pennsylvania, and Tennessee, state law preempts local governments from enacting stricter smoking bans than the state, though in the other four states, some cities and/or counties have enacted stricter local smoking bans to varying degrees, in some cases banning it in all enclosed workplaces. See individual state listings below for details.

Unique statewide smoking bans

As of November 2011, six states have enacted smoking bans in particular places that do not fit in the other categories:

  • Georgia bans smoking in restaurants where persons under 18 years of age may enter, but allows most anywhere else either to designate smoking areas indoors or allow smoking freely; local governments in Georgia can and have passed stricter smoking bans than the state.
  • Idaho bans smoking in restaurants, but exempt both bars (which can be 100% smoking) and small workplaces (which can have a designated smoking area); local governments in Idaho can regulate smoking more strictly than the state.
  • Nevada generally bans smoking in all public places and places of employment, but exempts bars, casinos, strip clubs, brothels, and retail tobacco stores, and restaurants that do not allow patrons under 21 years of age. In all other restaurants, smoking is relegated to separately-ventilated designated smoking areas. Local governments in Nevada may regulate smoking more strictly than the state.
  • New Hampshire bans smoking in restaurants and some bars (those besides cigar bars and private clubs), schools, and certain common areas open to the public, but not anywhere else, and state law prohibits local governments from enacting local smoking bans.
  • North Carolina bans smoking in all restaurants and bars (excluding cigar bars and private clubs), as well as government buildings and vehicles, but does not regulate smoking anywhere else. Local governments may regulate smoking more strictly than the state, except in cigar bars, private clubs, tobacco shops, private residences/vehicles, designated hotel/motel smoking rooms, and theatrical performances involving smoking.
  • In Virginia, smoking is banned in schools, state offices, and certain healthcare facilities and common areas, but not anywhere else; in restaurants (including bars), smoking is relegated to separately-ventilated designated smoking rooms. The state law prohibits local governments from regulating smoking more strictly than the state.

States with no statewide smoking ban

As of November 2011, 11 states have not enacted any general statewide ban on smoking in any non-government-owned spaces: Alabama, Alaska, Indiana, Kentucky, Mississippi, Missouri, Oklahoma, South Carolina, Texas, West Virginia, and Wyoming. Instead, laws in most of these states (see individual state listings below for further information) require proprietors of certain places to designate smoking and non-smoking areas and post warning signage.

In Oklahoma, state law prohibits local governments from regulating smoking more strictly than the state, making it the only state without any kind of legislated smoking bans. In the other 10 states, cities and/or counties have enacted stricter smoking laws than the state, in some cases banning smoking in all enclosed workplaces. In Alabama, Indiana, and Mississippi, the state smoking law expressly allows all local governments to do so. In Kentucky, Missouri, South Carolina, and West Virginia, a court has ruled that certain local governments have the power to do so. See the individual state listings below for details.

Smoking laws and non-states

In the District of Columbia, American Samoa, Puerto Rico and the United States Virgin Islands, smoking is banned in all enclosed public places, including bars and restaurants. Guam prohibits smoking in restaurants, but the ban doesn't extend to workplaces, or any other businesses. The Northern Mariana Islands prohibits smoking in most workplaces and restaurants, but no ban on smoking covering bars.

Smoking bans and the U.S. federal government

Although Congress has not attempted to enact a general nationwide federal smoking ban in workplaces, several federal regulations do concern indoor smoking. Effective April 1998, smoking is banned by the United States Department of Transportation on all commercial passenger flights in the United States, and/or by American air carriers.[6] This was long after Delta Air Lines had banned smoking on all of its flights. On August 9, 1997, President Bill Clinton issued Executive Order 13058, banning smoking in all interior spaces owned, rented, or leased by the Executive Branch of the Federal Government, as well as in any outdoor areas under executive branch control near air intake ducts.[7]

Smoking laws of the United States by state

 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[8] unless a smoking area is designated that in certain places must be "enclosed and well ventilated."[9] Warning signs must be posted appropriately.[10] 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.[8] Local governments may regulate smoking more stringently than the Act,[11] and the Alabama Court of Criminal Appeals reiterated this in August 2009.[12]
    • Proposals to enact a statewide smoking ban in Alabama, all but one of which were sponsored only by State Senator Vivian Davis Figures, have failed in the Alabama Legislature every year since 2008. In May 2008, a bill by Sen. Figures to ban smoking in all enclosed workplaces, including bars and restaurants, failed when it did not receive a vote before the end of the legislative session.[13] In April 2009, Sen. Figures withdrew a similar bill after the Alabama Senate amended it to allow smoking in bars, the bar sections of restaurants, dog tracks, and gambling halls.[14] In April 2010, a bill by Sen. Figures to ban smoking statewide only in restaurants passed the Senate by a vote of 19-3 but did not receive a vote in the Alabama House of Representatives.[15] In April 2011, a bill by Sen. Figures to ban smoking in all enclosed workplaces, including bars and restaurants, failed when it did not receive a vote in a Senate committee, and a similar House bill by Rep. Mary Sue McClurkin failed the same way.[16]
  • Localities in Alabama with smoking bans that include all bars and restaurants (17 total):
    • Atmore, banned in all enclosed workplaces, including bars and restaurants[4]
    • Auburn, October 2006, banned in bars and restaurants, but not other workplaces[4]
    • Bayou La Batre, banned in all enclosed workplaces, including bars and restaurants[4]
    • Citronelle, banned in all enclosed workplaces, including bars and restaurants[4]
    • Daphne, banned in all enclosed workplaces, including bars and restaurants[4]
    • Decatur, banned in all enclosed workplaces, including bars and restaurants[4]
    • East Brewton, banned in all enclosed workplaces, including bars and restaurants[4]
    • Fairfield, banned in bars and restaurants, but not other workplaces[4]
    • Flomaton, banned in all enclosed workplaces, including bars and restaurants[4]
    • Gulf Shores, banned in all enclosed workplaces, including bars and restaurants[4]
    • Headland, banned in bars and restaurants, but not other workplaces[4]
    • Homewood, banned in bars and restaurants, but not other workplaces[4]
    • Luverne, banned in bars and restaurants, but not other workplaces[4]
    • Orange Beach, banned in all enclosed workplaces, including bars and restaurants[4]
    • Oxford, banned in all enclosed workplaces, including bars and restaurants[4]
    • Phenix City, banned in all enclosed workplaces, including bars and restaurants[4]
    • Talladega, banned in all enclosed workplaces, including bars and restaurants[4]
  • Localities in Alabama with smoking bans that do not include all bars and restaurants (12 total):
    • Bay Minette, banned in all restaurants, but not bars or other enclosed workplaces[17]
    • Birmingham, banned in all restaurants, but not bars or other enclosed workplaces[17]
    • Center Point, banned in all enclosed workplaces, exempting bars and restaurants[4]
    • Cottonwood, banned in all restaurants, but not bars or other enclosed workplaces[17]
    • Fairhope, banned in all enclosed workplaces, including restaurants but exempting bars[4]
    • Foley, banned in all enclosed workplaces, including restaurants but exempting bars[4]
    • Geneva, banned in all enclosed workplaces, exempting bars and restaurants[4]
    • Northport, banned in all restaurants, but not bars or othe enclosed workplaces[17]
    • Opelika, banned in all enclosed workplaces, including restaurants but exempting bars[4]
    • Opp, banned in all restaurants, but not bars or other enclosed workplaces[17]
    • Prichard, banned in all enclosed workplaces, including restaurants but exempting bars[4]
    • Robertsdale, banned in all enclosed workplaces, including restaurants but exempting bars[4]

 Alaska

  • No statewide smoking ban. Instead, Alaska's statewide smoking law generally requires the designation of smoking and nonsmoking areas and warning signage in most enclosed workplaces and public places. Smoking is prohibited only in: (1) schools during school hours, except in designated areas where minors cannot be present, (2) meetings of state or local government public bodies, (3) non-psychiatric hospitals, health care facilities, and doctors' offices, and (4) elevators.[18] In (1) public transportation vehicles and depots, (2) workplaces, government offices, and places of entertainment or recreation, (3) universities or adult daycare facilities, (4) courtrooms or jury deliberation rooms, (5) state capitol chambers when not in session, (6) residential healthcare facilities and psychiatric facilities, (7) restaurants that seat more than 50 people, (8) grocery/food stores, (9) places of employment posting a sign stating that smoking is prohibited by law, (10) correctional facilities, and (11) the Alaska Pioneers' Home or the Alaska Veterans' Home,[19] a smoking area may be designated, with no limit on its size,[20][21] but must post appropriate warning signage.[22] All other places are entirely exempt from regulation. The Alaska state smoking law is silent as to whether cities can regulate smoking more stringently.
  • Localities in Alaska with smoking bans that include all bars and restaurants (3 total):
    • Anchorage, July 1, 2007, banned in all enclosed workplaces, including bars, restaurants, and private clubs.[23]
    • Juneau, January 2, 2008, banned in all bars, restaurants, and private clubs.[4][24]
    • Klawock, banned in all enclosed workplaces, including bars and restaurants[4]
  • Localities in Alaska with smoking bans that do not include all bars and restaurants (4 total):
    • Barrow, banned in all restaurants, but not bars or all other workplaces[4]
    • Dillingham, banned in all restaurants, but not bars or all other workplaces[4]
    • Fairbanks, banned in all workplaces, excluding bars and restaurants[4]
    • Sitka, banned in all enclosed workplaces, including restaurants but exempting bars[4]

 American Samoa

  • Territorywide smoking ban. On October 20, 2010 Governor Togiola Tulafono signed into law the American Samoa Smoke Free Environment Act, a Fono bill passed earlier in the year. The bill went into effect on January 20, 2011.[25]

 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 20 feet (6.1 m) 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 Native American religious ceremonies, outdoor patios, and stage/film/television performances; local governments may enact stricter regulations than the state. The law does not cover businesses located on Indian Reservations, as the reservations are sovereign nations.[26][27]

 Arkansas

  • Statewide smoking ban excluding bars: On July 21, 2006, the Arkansas Clean Indoor Air Act of 2006 went into effect, banning smoking in all enclosed workplaces in Arkansas, exempting only private residences, hotel and motel rooms designated as smoking rooms, workplaces with fewer than three employees, retail tobacco stores, desigated areas in nursing homes, outdoor areas, workplaces of tobacco manufacturers (and importers and wholesalers), restaurants and bars that do not allow patrons younger than 21, and gaming floors of operations regulated by the Arkansas Racing Commission.[28] Local governments may regulate smoking more stringently than the state law.[29] 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.[30]
  • Localities in Arkansas with smoking bans that include all bars and restaurants (1 total):
    • Fairfield Bay, banned in all enclosed workplaces, including bars and restaurants[4]
  • Localities in Arkansas with smoking bans that do not include all bars and restaurants (3 total):
    • Fayetteville, banned in all restaurants, but not bars or all other enclosed workplaces[4]
    • Highfill, banned in all enclosed workplaces, including restaurants but exempting bars[4]
    • Pine Bluff, banned in all restaurants, but not bars or all other enclosed workplaces[4]

 California

  • Statewide smoking ban: Since January 1, 1995, smoking has been banned in all enclosed workplaces in California, including restaurants and bars (bars were excluded until January 1, 1998), exempting only the following areas: workplaces with five or fewer employees (as long as all workers consent and persons under 18 are prohibited from the smoking area), 65% of the guest rooms of hotels/motels, lobby areas of hotels/motels designated for smoking (not to exceed 25% of the total lobby floor area or, if the lobby area is 2,000 square feet (190 m2) or less, not to exceed 50% of the total lobby floor area), meeting and banquet rooms except while food or beverage functions are taking place (including set-up, service, and clean-up activities or when the room is being used for exhibit activities), retail or wholesale tobacco shops and private smokers lounges (i.e. cigar bars), truck cabs/tractors if no nonsmoking employees are present, non-office warehouse facilities with more than 10,000 square feet (930 m2) of total floor space and 20 or fewer full-time employees working at the facility, theatrical production sites if smoking is an integral part of the story, medical research or treatment sites if smoking is integral to the research or treatment being conducted, private residences except homes licensed as family day care homes during the hours of operation and in those areas where children are present, patient smoking areas in long-term health care facilities, and employee breakrooms designated for smoking.[31] Effective January 1, 2004, California bill AB846 bans smoking within 20 feet (6.1 m) 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.[32][33] 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.[34][35] 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.
    • Belmont, October 9, 2007, banned in parks and other public places, as well as inside apartments and condominiums.[36]
    • Berkeley, March 26, 2008, banned on all commercially zoned sidewalks, and within 20 feet (6.1 m) of a bus stop[37][38]
    • Beverly Hills, October 1, 2007, banned in all outdoor dining areas.[39]
    • Burbank, April, 2007, banned in most public places including Downtown Burbank, outdoor dining & shopping areas, parks, service lines, and within 20 feet (6.1 m) of all building entrances/exits.[40]
    • 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.[41]
    • 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.[42]
    • Escondido, in 2005, increased the state prohibition on smoking within 20 feet (6.1 m) of an entrance to a public place to 80 feet (24 m) outside city-owned buildings.[43][44] 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.[43][45]
    • Glendale, October 7, 2008, banned smoking[46] in/on and within 20 feet (6.1 m) 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.[citation needed]
    • 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.[47]
    • Los Angeles, 2007, banned in all city parks.[48]
    • 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 20 feet (6.1 m) from them, and within 20 feet (6.1 m) of doorways, windows, or ventilation areas of enclosed places where smoking is banned.[49]
    • 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.[citation needed]
    • San Jose, October 2007, banned in all city parks.[50]
    • San Luis Obispo, August 2, 1990, became the first city in the world to ban smoking in all public buildings.[51] On January 15, 2010, the City's municipal code amendment included city parks and outdoor recreational facilities as smoke-free areas.[52] 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.[53]
    • Santa Barbara & Goleta, Local laws in Santa Barbara County and in the City of Goleta prohibit smoking within 20 feet of any building or area where smoking is prohibited. Ashtrays are also banned within a 20-foot smoke-free area.[54]
    • Santa Monica, 2006, banned smoking within 20 feet (6.1 m) 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).[55] City Council passed a law that prohibits smoking in ALL common areas of a multi-family residential building including condominiums[citation needed], which went into effect February 26, 2009.[citation needed]

 Colorado

  • 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 Jan. 1, 2008.[56] 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.[57] Local governments may regulate smoking more strictly than the state.[58] A judge has ruled that a bar sharing common indoor space with a tobacco shop is also exempt from the ban.[26]
    • Boulder, March 17, 2009, banned in enclosed porches, balconies and patios; also banned outdoor smoking within 15 feet (4.6 m) of any building entrance.[citation needed]
    • Pueblo, July 1, 2003, banned in all enclosed workplaces, including restaurants and bars.[citation needed]
    • Summit County, Colorado, July 1, 2005, ban predating statewide ban and does not include cigar bar or retail tobacco store exemption. Effectively includes all non private locations.

 Connecticut

  • Statewide smoking ban: On October 1, 2003, the Clean Indoor Air Act went into effect, banning smoking statewide in all enclosed workplaces in Connecticut, including restaurants and bars (bars, cafes, and bowling alleys were exempt until April 1, 2004.[59] The Act exempts correctional and psychiatric facilities, public housing projects, private clubs whose liquor permit was issued on or before May 1, 2003, areas of businesses where tobacco products are developed and tested, and 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).[59] If a business has five or fewer employees (except bars and restaurants), the employer and all employees can agree to designate 20% of the place's enclosed space as a smoking area, provided that it is separately ventilated and adequate breakroom space for nonsmokers is allocated.[59] Local governments are preempted from regulating smoking at all.[59]

Two large casinos on Mohegan and Mashantucket Peuot land, Mohegan Sun and Foxwoods, allow smoking in many areas of their properties.

 Delaware

  • Statewide smoking ban: On November 1, 2002, the Clean Indoor Air Act went into effect, banning smoking statewide in all enclosed workplaces in Delaware, including bars, restaurants, and casinos.[60] 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.[60] Local governments can regulate smoking more strictly than the state. The City of Bethany Beach has outlawed smoking on the boardwalk and beach.[4][60]

 District of Columbia

  • Districtwide 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.[61]

 Florida

  • Statewide smoking ban excluding bars: On July 1, 2003, smoking was banned 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.[62] Local governments are preempted from regulating smoking.[63]

 Georgia

  • Statewide ban on smoking in restaurants and some workplaces: On July 1, 2005, the Smokefree Air Act went into effect, banning smoking statewide in all enclosed workplaces in Georgia, including most restaurants, except as otherwise designated.[64] The Act exempts 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.[65] Local governments may regulate smoking more strictly than the state.[66]
  • Localities in Georgia with smoking bans that include all bars and restaurants (7 total):
    • Athens, banned in bars and restaurants, but not other workplaces[4]
    • Buena Vista, banned in all enclosed workplaces, including bars and restaurants[4]
    • Effingham County, banned in bars and restaurants, but not other workplaces[4]
    • Gainesville, banned in bars and restaurants, but not other workplaces[4]
    • Morrow, banned in all enclosed workplaces, including bars and restaurants[4]
    • Savannah, banned in bars and restaurants and even service queues[67]
    • Snellville, banned in bars and restaurants, but not other workplaces[4]
    • Tift County, banned in bars and restaurants, but not other workplaces[4]
  • Localities in Georgia with smoking bans that do not include all bars and restaurants (13 total):
    • Berkeley Lake, banned in all enclosed workplaces, including restaurants but exempting bars[4]
    • Columbia County, banned in all enclosed workplaces, including restaurants but exempting bars[4]
    • Cordele, banned in all enclosed workplaces, including restaurants but exempting bars[4]
    • Decatur, banned in all enclosed workplaces, including restaurants but exempting bars[4]
    • DeKalb County, banned in all enclosed workplaces, including restaurants but exempting bars[4]
    • Douglas, banned in all enclosed workplaces, including restaurants but exempting bars[4]
    • Douglas County, banned in all enclosed workplaces, including restaurants but exempting bars[4]
    • Douglasville, banned in all enclosed workplaces, including restaurants but exempting bars[4]
    • Loganville, banned in all enclosed workplaces, including restaurants but exempting bars[4]
    • Madison, banned in all restaurants, but not bars or all other enclosed workplaces[4]
    • Peachtree City, banned in all restaurants, but not bars or all other enclosed workplaces[4]
    • Tifton, banned in all restaurants, but not bars or all other enclosed workplaces[4]
    • Valdosta, banned in all enclosed workplaces, including restaurants but exempting bars[4]

 Guam

  • Territorywide ban on smoking in restaurants only: On February 6, 2007, the Natasha Protection Act went into effect after the Supreme Court of Guam lifted an injunction on it, banning smoking in all restaurants, as well as in bars that double as restaurants between 4:00 a.m. and 10:00 p.m.; the ban does not cover either stand-alone bars or workplaces in general.[68]

But this law was somewhat weak because it allowed smoking after 10pm therefore in 2009, a new bill was passed and signed into law restricting smoking with in 20 feet of public buildings.[69] Several advocates and health groups are still working towards strengthening this law but they face several barriers some which include the simple fact that there's a huge military base in Guam.[70]

 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 restaurants and bars.[71] 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.[72] Smoking is prohibited within 20 feet (6.1 m) of the entrance/exit of a place where the law prohibits smoking indoors.[73] 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.[74] In 2010, several bills were introduced attempting to exempt bars.[75] Counties may regulate smoking more strictly than the state.[76]
  • Hawaii County, March 13, 2008, banned in public recreational areas, such as parks and beaches.[citation needed]

 Idaho

  • Statewide ban on smoking in restaurants 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, designated smoking rooms in hotels/motels, theatrical productions, areas of owner-operated businesses with no employees besides the owner not open to the general public, offices (other than childcare facilities) within private homes, veterans homes, and designated breakrooms in businesses with fewer than five employees (as long as they are separately ventilated and minors are not allowed in that room).[77] Local governments may regulate smoking more strictly than the state.[78]
  • Localities in Idaho with a smoking ban including all bars and restaurants (1 total):
    • Moscow, August 4, 2009, banned in all enclosed workplaces, including bars and private clubs, and 20 feet (6.1 m) from building entrances.[79]

 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 15 feet (4.6 m) of such places; exempts certain retail tobacco stores, private and semiprivate rooms in nursing homes occupied exclusively by smokers, designated smoking rooms in hotels/motels, and private residences.[80] Smoking is prohibited in private residences when defined as a place of employment such as when used for child care or foster care.[80] Local governments may regulate smoking more strictly than the state.[80]

 Indiana

  • No statewide smoking ban. Instead, Indiana's 1993 statewide smoking law, the Clean Indoor Air Law, generally prohibits smoking in state government buildings, schools, healthcare facilities, fire and police stations, childcare and daycare facilities, healthcare provider offices, retail areas of grocery and drug stores designated as nonsmoking, dining areas of restaurants designated as nonsmoking, and school buses during school hours or when transporting children.[81] In state government buildings, schools, healthcare facilities, fire and police stations, childcare and daycare facilities, and healthcare provider offices, the proprietor may designate a smoking area, but does not have to, and in either case must post warning signage as appropriate.[81] The law covers no other places, and the state is empowered to grant waivers from this law.[81] Local governments may regulate smoking more strictly than the state law.[81]
    • Attempts in the Indiana General Assembly to enact some manner of statewide smoking ban have failed every year since 2007. In April 2007, the Indiana Senate removed a smoking ban from a health care funding bill passed by the Indiana House of Representatives, and in January 2008, a proposed statewide smoking ban introduced by Rep. Charlie Brown died in a House committee without a vote or debate.[82] In April 2009, another proposed statewide ban introduced by Rep. Brown was passed by the House by a vote of 70-26 after being amended to exempt restaurants, bars, and casinos, and then did not receive a committee hearing in the Senate.[83] In February 2010, another proposed ban by Rep. Brown was denied a committee hearing or vote in the Senate after having been passed by the House, 73-26.[84] In April 2011, a Senate committee voted 8-1 to reject a statewide ban exempting bars, casinos, private clubs, retail tobacco shops, and nursing homes, which also had been introduced by Rep. Brown and previously had passed the House, 68-31.[85]
  • Universities in Indiana with smoking bans (3 total):
  • Localities in Indiana with smoking bans that include all bars and restaurants (9 total):
    • Bloomington, January 1, 2005, banned in all enclosed workplaces, including bars and restaurants.[4] Smoking is allowed only outside at a "reasonable distance" from doors, vents, and windows - measured by whether smoke can drift inside.
    • Cumberland, banned in all enclosed workplaces, including bars and restaurants.[4]
    • Fort Wayne, June 1, 2007, earlier 1999 ban expanded to include all restaurants, bars, and private clubs but exempt retail tobacco stores and designated hotel/motel smoking rooms.[88]
    • Greencastle, September 1, 2007, banned in all enclosed workplaces, including bars and restaurants.[4]
    • Hancock County, banned in all enclosed workplaces, including bars and restaurants.[4]
    • Monroe County, banned in all enclosed workplaces, including bars and restaurants. Ban also applies to drivers carrying children aged 13 or younger.[4][89]
    • Plainfield, February 1, 2007, banned in all enclosed workplaces, including bars and restaurants[4] but exempting private clubs and nursing homes.[citation needed]
    • West Lafayette, July 1, 2007, banned in all enclosed workplaces, including bars and restaurants[4] but exempting tobacco bars, private residences, designated hotel/motel smoking rooms, retail tobacco stores, private clubs, and outdoor areas in the city, including Purdue University's main campus.[citation needed]
    • Zionsville, August 10, 2006, banned in all enclosed workplaces, including bars, restaurants,[4] and private clubs.[citation needed]
  • Localities in Indiana with smoking bans that do not include all bars and restaurants (23 total):
    • Allen County, 2007 banned in all enclosed workplaces, including most restaurants but exempting bars and any establishments prohibiting persons under age 21 from entering; municipalities are allowed to opt out of it, as New Haven decided to do.[4]
    • Avon, September 1, 2006, banned in all enclosed workplaces, including restaurants but exempting bars[4]
    • Carmel, March 5, 2006 banned in all enclosed workplaces and common-use areas, including restaurants; exempts bars that don't employ or serve people under 21,[4] tobacco stores and bars, private vehicles, private and fraternal clubs, and designated hotel/motel smoking rooms.[citation needed]
    • Columbus, February 1, 2006, banned in all enclosed workplaces, including restaurants but exempting bars[4] and private clubs[citation needed]
    • Crown Point, April 1, 2008, banned in all enclosed workplaces, including restaurants but exempting bars[4] and private clubs.[citation needed]
    • Delaware County, banned in all enclosed workplaces, bars, private clubs and restaurants[4]
    • Elkhart, banned in all enclosed workplaces, including restaurants but exempting bars[4]
    • Franklin, August 1, 2006, banned in all enclosed workplaces, exempting bars and restaurants[4] and private clubs[citation needed]
    • Goshen, September 1, 2007 banned in all enclosed workplaces, exempting bars and restaurants[4] and private clubs[citation needed]
    • Greenfield, March 1, 2006, banned in all enclosed workplaces, including restaurants but exempting bars[4]
    • Greensburg, banned in all enclosed workplaces, including restaurants but exempting bars[4]
    • Greenwood, April 22, 2006, banned in all enclosed workplaces, including restaurants but exempting bars[4]
    • Indianapolis, March 1, 2006, banned in all enclosed workplaces, including bars and restaurants serving or employing persons younger than 18;[4] exempts bowling alleys, tobacco bars, tobacco stores, and private clubs.[citation needed]
    • Jeffersonville, June 15, 2006, banned in all enclosed workplaces, including restaurants but exempting bars[4]
    • Kokomo, October 6, 2006, banned in all enclosed workplaces, including restaurants but exempting bars,[4] private clubs, nursing homes, and any establishments serving alcohol and not serving patrons under 21.[citation needed]
    • Lawrence, July 1, 2006, banned in all enclosed workplaces, including restaurants but exempting bars[4]
    • Lowell, April 9, 2011, banned in all workplaces and restaurants, excluding a physically separated bar area of a restaurant. Also exempts bars and private clubs, providing any food preparation and dining areas within a bar or private club is physically separated from the area smoking is allowed.[90]
    • Madison, banned in all enclosed workplaces, including restaurants but exempting bars[4]
    • Seymour, July 30, 2006, banned in all enclosed workplaces, including restaurants but exempting bars[4] and private clubs.[citation needed]
    • Shelbyville, August 1, 2006, banned in all enclosed workplaces except bars and restaurants[4]
    • Speedway, September 1, 2006, banned in all enclosed workplaces, including restaurants but exempting bars[4]
    • Valparaiso, April 1, 2007, banned in all enclosed workplaces, except bars, restaurants,[4] and private clubs.[citation needed]
    • Vanderburgh County, banned in all enclosed workplaces except bars and restaurants[4]
    • Whitestown, banned in all enclosed workplaces except bars and restaurants[4]
  • Localities in Indiana that rejected a smoking ban in some manner (3 total):
    • Clarksville, December 11, 2007, rejected ban on smoking in all places open to the public[91]
    • Ligonier, November 2007 rejected ban on smoking in all buildings open to the public[92]
    • New Haven, rejected ban; instead, passed a law requiring businesses permitting smoking to post exterior signage stating their smoking policy.[citation needed]

 Iowa

  • Statewide smoking ban: On July 1, 2008, the Smokefree Air Act went into effect, banning smoking statewide in all workplaces in Iowa, including restaurants and bars, as well as the outdoor areas of schools, stadia, restaurants, public transit areas (including bus shelters), schools, and parks owned by the state or a local government.[93] 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.[94] Fines for individuals found in violation of the Smokefree Air Act are $50 per violation.[95] Fines for businesses range anywhere from $100 to $500 for each violation with the eventual possibility of revocation of liquor and/or business license for habitually offending businesses.[95]

 Kansas

  • Statewide smoking ban: On July 1, 2010, after being signed into law by Governor Mark Parkinson on March 12, 2010, an amendment to Kansas' 1987 statewide smoking law took effect, banning smoking statewide in all enclosed, indoor workplaces in Kansas.[96] 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.[96] The amendment will not change the original law's provision allowing local governments to regulate smoking more stringently than the state,[96][97] which the Kansas Supreme Court reiterated in 2007 upon a bar owner's challenge to Lawrence's local smoking ban.[98] 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.[99]
  • Localities in Kansas with smoking bans that include all bars and restaurants (24 total):
    • Bel Aire, banned in bars and restaurants, but not other workplaces[4]
    • Emporia, March 4, 2009, banned in restaurants and bars, but not in all other enclosed workplaces[4]
    • Fairway, January 1, 2006, banned in all enclosed workplaces, including bars and restaurants[4]
    • Garden City, January 8, 2007, banned in bars and restaurants, but not all other workplaces;[4] also banned in private clubs[citation needed]
    • Harvey County, January 1, 2008, banned in all workplaces, including restaurants and bars in unincorporated areas of Harvey County, and within 20 feet (6.1 m) of the entrances to those places.[100]
    • Hesston, banned in all enclosed workplaces, including bars and restaurants[4]
    • Johnson County, April 1, 2007, banned in all bars and restaurants in unincorporated areas of the county, but not in all other workplaces[101]
    • Lawrence, July 1, 2004, banned in all enclosed workplaces, including bars and restaurants[4]
    • Leawood, January 2, 2008, banned in all enclosed workplaces, including bars and restaurants[4]
    • Lenexa, banned in all enclosed workplaces, including bars and restaurants[4]
    • Maize, banned in bars and restaurants, but not all other workplaces[4]
    • Manhattan, January 3, 2009, banned in all enclosed workplaces, including bars and restaurants[4]
    • Mission, September 1, 2008, banned in all enclosed workplaces, including bars and restaurants; also banned within 20 feet (6.1 m) of entrances and windows of such facilities[102]
    • Newton, January 1, 2008, banned in the indoor areas of all public workplaces, including restaurants and bars, and within 20 feet (6.1 m) of the entrances to those places[103]
    • North Newton, January 1, 2008, banned in the indoor areas of all public workplaces, including restaurants and bars, and within 20 feet (6.1 m) of the entrances to those places[104]
    • Olathe, November 16, 2006, banned in all enclosed workplaces, including bars and restaurants[4] but exempting private clubs and fraternal clubs.[citation needed]
    • Overland Park, January 2, 2008, banned in all enclosed workplaces, including restaurants and bars, private clubs, and bowling alleys; exempts outdoor patio areas of restaurants.[105]
    • Prairie Village, banned in all enclosed workplaces, including bars and restaurants[4]
    • Pratt County, banned in all enclosed workplaces in unincorporated areas of the county, including bars and restaurants[4]
    • Roeland Park, May 17, 2006, banned in all enclosed workplaces, including bars and restaurants[4]
    • Salina, May 2009, banned in all enclosed workplaces, including bars and restaurants.[106]
    • Topeka, December 4, 2009, banned indoors and at all places of employment, excepting retail tobacco stores, outdoor places of employment, private homes unless used as a care facility, private places, and 20% of all hotel and motel rooms.[107][108]
    • Walton, banned in bars and restaurants, but not in all other workplaces[4]
    • Westwood, February 1, 2008, banned all enclosed workplaces, including restaurants and bars, and within 25 feet (7.6 m) of the entrances to those places.[109]
    • Winfield, January 2, 2008, banned in bars and restaurants, but not in all other workplaces[4]
  • Localities in Kansas with smoking bans that do not include all bars and restaurants (6 total):
    • Abilene, August 29, 2005, banned in all restaurants, not including bars[4] and bowling alleys[citation needed]
    • Derby, January 1, 2009, banned in all workplaces; exempts restaurants and bars unless Wichita passes a smoking ban affecting such establishments.[citation needed]
    • Kansas City, (see Wyandotte County, below) (not the same as Kansas City, Missouri)
    • Ottawa, June 1, 2008, banned in all restaurants, but not bars or all other workplaces[4]
    • Shawnee, January 2, 2008, banned in all workplaces including many restaurants and private clubs, but exempts 25% of hotel rooms and any establishments that derive less than 33% of their gross annual revenues from food sales.[4]
    • Wichita, September 4, 2008, prohibited in places of business where minors under 18 are allowed, including restaurants, retail stores, office buildings, medical facilities, daycares, theaters, banks, bars, manufacturing plants, vehicle repair shops, public areas of hotels and motels, wholesale business services, warehouses, and home-based businesses; businesses may allow smoking if they have smoking rooms enclosed on all sides by solid, impermeable walls or windows extending from the floor to ceiling and must have self-closing doors and maintain a negative air pressure (meaning more air is exhausted from the room than is directly supplied by the heating, ventilation, and air conditioning (HVAC) system) and cannot be returned to the HVAC system, and no person under 18 can be allowed in such smoking rooms.[110]
    • Wyandotte County (containing Kansas City, Kansas), February 16, 2009, banned in all enclosed workplaces, including bars and restaurants; exempts private clubs, retail tobacco shops, casinos, racetracks, and any business that pays $250 per year to obtain a license to allow smoking.[111] As of May 4, 2009, of the 316 restaurants and bars in Wyandotte County, 69 have purchased a smoking license.[112]
  • Localities in Kansas that rejected a smoking ban in some manner (4 total):
    • Hutchinson, December 16, 2008, City Council rejected a ban on smoking in all workplaces, including bars and restaurants.[113]
    • Mission Hills, May 2007, rejected smoking ban[114]
    • Sedgwick, November 20, 2007, rejected ban on smoking in bars and restaurants by unanimous decision of the city council[115]
    • Scott City, January 2004, rejected ban on smoking in bars and restaurants[116]

 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.[117][118] 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.[119] In May 2011, a bill to enact a statewide smoking ban in all enclosed workplaces, including all bars, restaurants, and gaming facilities, as well as a bill to ban smoking in cars in which minors are riding, both failed before the Kentucky General Assembly when they did not receive even a committee hearing in the Kentucky House of Representatives.[120][121]
  • Localities in Kentucky with smoking bans that include all bars and restaurants (13 total):
    • Ashland, October 1, 2006, banned in all enclosed workplaces, including bars and restaurants,[4] as well as outdoor venues and outdoor patio areas of restaurants and bars.[citation needed]
    • Clark County, banned in all enclosed workplaces, including bars and restaurants[4]
    • Danville, banned in all enclosed workplaces, including bars and restaurants[4]
    • Danville, Kentucky, July 28, 2008, banned in all enclosed workplaces, including bars and restaurants,[4] as well as within ten feet of the entrance of any such place[citation needed]
    • Elizabethtown, Kentucky, banned in all enclosed workplaces, including bars and restaurants[4]
    • Frankfort, July 25, 2006, banned in all bars and restaurants, but not in all other workplaces[4]
    • Georgetown, October 1, 2005, banned in all enclosed workplaces, including bars and restaurants[4]
    • Hardin County, banned in all enclosed workplaces, including bars and restaurants, in unincorporated areas of the county[4]
    • Lexington, April 27, 2004, banned in all enclosed workplaces, including bars and restaurants[4]
    • Louisville, January 11, 2008, banned in all enclosed workplaces, including bars and restaurants.[122]
    • Madison County, June 12, 2007, banned in all enclosed workplaces, including bars and restaurants;[4] 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).[citation needed]
    • Morehead, banned in all enclosed workplaces, including bars and restaurants[4]
    • Paducah, April 1, 2007, banned in all bars and restaurants, but not in all other workplaces[4]
    • Paintsville, 2006, banned in all restaurants, but not all other workplaces[4]
  • Localities in Kentucky with smoking bans that do not include all bars and restaurants (6 total):
    • Daviess County, January 1, 2006, banned in any public establishment open to children under 18, but exempts private businesses and bars.[citation needed]
    • Henderson, banned in all enclosed workplaces, excluding bars and restaurants[4]
    • Kenton County, banned in all workplaces, except for drinking establishments and private clubs that meet requirements for exemption.
    • Letcher County, July 1, 2006, banned in all enclosed workplaces except bars and restaurants[4]
    • London - smoking ban in all restaurants within the city limits of London.
    • Oldham County, banned in all restaurants, but not bars or all other workplaces[4]
    • Pikeville, banned in all restaurants, but not bars or all other workplaces[4]

 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.[123] 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 a private party, designated areas in nursing homes, and correctional facilities (until August 1, 2009).[123] Local governments may regulate smoking more strictly than the state,[123] though as of April 2009 no local government in Louisiana bans smoking in all bars and restaurants.[4]
    • Since 2009, attempts to further ban smoking statewide in Louisiana have failed every year before the Louisiana State Legislature. In June 2009, the Louisiana House of Representatives rejected ending the exemption for bars and casinos by a vote of 79-21.[124] In May 2010, a House committee rejected a bill to ban smoking in casinos,[125] and then rejected a bill to ban smoking in bars, casinos, and the remainder of restaurants that the Louisiana Senate had passed by a vote of 23-12.[126] In June 2011, the Senate rejected a bill to ban smoking in bars by a vote of 22-15.[127]
  • Localities in Louisiana with a smoking ban that does not include all bars and restaurants (6):
    • Gibsland, banned in all enclosed workplaces, exempting bars and restaurants[4]
    • Grambling, banned in all enclosed workplaces, exempting bars and restaurants[4]
    • Lafayette, banned in all enclosed workplaces, exempting bars and restaurants[4]
    • Lafayette Parish, banned in all enclosed workplaces, exempting bars and restaurants[4]
    • 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.[4]
    • Sulphur, banned in all enclosed workplaces, exempting bars and restaurants[4]

 Maine

  • Statewide smoking ban: Effective January 1, 2004, laws from 1985 and 1999 were expanded such that smoking is banned statewide in all workplaces and public places in Maine, including bars and restaurants.[128] 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, designate 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.[128] The state law is silent as to whether local governments may regulate smoking more strictly than the state, though as of April 2009 no local government in Maine has done so.[4] Effective September 1, 2008, smoking is banned in any car when a person under the age of 16 is present, though no driver may be pulled over or searched solely for violation of this law.[129]

 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, and private clubs.[130] 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, 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 expire on January 1, 2011).[130] Local governments may regulate smoking more strictly than the state, though not less strictly.[130]

 Massachusetts

  • Statewide smoking ban: Effective July 1, 2004, smoking is banned in all enclosed public places and workplaces, including restaurants and bars.[131] 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.[131] Local governments and boards of health may regulate smoking more strictly than the state.[131]
    • Boston, February 9, 2009, banned by the Boston Public Health Commission on outside patios of bars and restaurants; also banned on February 9, 2019 (10 years later than the other new restrictions) in cigar and hookah bars, unless the establishment obtains an additional 10-year exemption. Additionally, smoking is now banned in all hotel rooms in the city of Boston. Tobacco products were no longer able to be sold in pharmacies and stores having pharmacies within.[132]
    • Freetown, Massachusetts, January 1, 2004, banned in all businesses, including private clubs[citation needed]

 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.[133][134] The law exempts only cigar bars, retail tobacco stores, private home offices, company vehicles including commercial trucks, and Detroit's three casinos' gambling floors.[133] The law is silent as to whether local governments may regulate smoking more strictly than the state, though it prohibits state or local health departments from enacting any smoking rules different than the law.[133] A judge recently dismissed fines against a Warren, Michigan bar owner who had claimed that his bar's Keno machines classified his establishment as a casino exempt from the ban.[26]
    • Alger County, banned in all enclosed workplaces, excluding bars and restaurants[4]
    • Baraga County, banned in all enclosed workplaces, excluding bars and restaurants[4]
    • Berrien County, banned in all enclosed workplaces, excluding bars and restaurants[4]
    • Detroit, banned in all enclosed workplaces, excluding bars and restaurants[4]
    • Gogebic, banned in all enclosed workplaces, excluding bars and restaurants[4]
    • Grand Rapids, November 1, 2006, banned in all enclosed workplaces, excluding bars and restaurants; also banned within 10 feet (3.0 m) from a public building.[135]
    • Houghton County, banned in all enclosed workplaces, excluding bars and restaurants[4]
    • Lenawee County, banned in all enclosed workplaces, excluding bars and restaurants[4]
    • Mackinac Count, banned in all enclosed workplaces, excluding bars and restaurants[4]
    • Marquette, banned in all enclosed workplaces, excluding bars and restaurants[4]
    • Marquette County, banned in all enclosed workplaces, excluding bars and restaurants[4]
    • Michigan Department of Corrections, February 1, 2009, banned in all state prisons and camps.[136]
    • Midland County, banned in all enclosed workplaces, excluding bars and restaurants[4]
    • Ottawa County, banned in all enclosed workplaces, excluding bars and restaurants[4]
    • Schoolcraft County, banned in all enclosed workplaces, excluding bars and restaurants[4]
    • St. Clair County, banned in all enclosed workplaces, excluding bars and restaurants[4]
    • Traverse City, banned in all enclosed workplaces, excluding bars and restaurants[4]
    • Washtenaw County, banned in all enclosed workplaces, excluding bars and restaurants.[4] In addition, the University of Michigan Campus will not allow smoking anywhere on its campus, including outdoors, beginning in July 2011.[137]
    • Wayne County, June 15, 2007, banned in all enclosed indoor workplaces, except restaurants, bars, bingo halls, or "designated smoking rooms" with air-control systems.[138]

 Minnesota

  • Statewide smoking ban: On October 1, 2007, the Freedom to Breathe Act went into effect, expanding the existing Clean Indoor Air Act of 1975 so as to ban smoking statewide in all enclosed workplaces in Minnesota, including public transportation, bars, and restaurants.[139] 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 Native Americans as part of a traditional spiritual or cultural ceremony, stage performances involving smoking, and outdoor areas.[140] Local governments may regulate smoking more stringently than the state.[141]
    • Beltrami County, January 1, 2005, banned within 10 feet (3.0 m) of the entrances to restaurants and bars.[citation needed]
    • Bloomington, July 19, 2004, banned within 25 feet (7.6 m) of entrances and in 50% of outdoor eating areas of restaurants.[citation needed]
    • Carlton County, June 1, 2007, banned on 50% of outdoor patio seating in restaurants and bars.[citation needed]
    • Cloquet, September 7, 2001, banned within five feet of the entrances to restaurants and bars.[citation needed]
    • Duluth, March 7, 2010, banned within 15 feet (4.6 m) of a bus shelter or transit center.[142]
    • Golden Valley, March 31, 2009, banned within 25 feet (7.6 m) of entrances, exits, and ventilation openings of all areas of restaurants and bars; also in public parks and recreational facilities.[citation needed]
    • McLeod County, August 1, 2006, banned within 10 feet (3.0 m) of the entrances to restaurants and bars.[citation needed]
    • 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 will be extended in June, 2010 to include two blocks of West Center Street between the Kahler Grand Hotel, Methodist Hospital and the Gonda Building.[143]

 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.[144] Local governments may regulate smoking more stringently than the Act.[145] In 2011, three separate bills before the Mississippi Legislature seeking to enact some form of a statewide smoking ban all failed when they did not receive a committee hearing.[146][147][148]
  • Localities in Mississippi with smoking bans that include all bars and restaurants (23 total):
    • Aberdeen, banned in all bars and restaurants, but not in all other enclosed workplaces[4]
    • Amory, banned in all enclosed workplaces, including all bars and restaurants[4]
    • Clinton, banned in all enclosed workplaces, including all bars and restaurants[17]
    • Collins, banned in all enclosed workplaces, including all bars and restaurants[17]
    • Ecru, banned in bars and restaurants, but not in all other enclosed workplaces[4]
    • Floria, banned in all enclosed workplaces, including all bars and restaurants[4]
    • Greenwood, August 23, 2007, banned in all enclosed workplaces, including all bars and restaurants[4]
    • Grenada, banned in all bars and restaurants, but not in all other workplaces[4]
    • Hattiesburg, January 1, 2007, banned in all enclosed workplaces, including all bars and restaurants[4]
    • Hernando, banned in all enclosed workplaces, including all bars and restaurants[4]
    • Jackson, July 1, 2010, banned in all enclosed workplaces, including all bars and restaurants (previous ordinance exempting bars was amended)[149]
    • Kosciusko, banned in all enclosed workplaces, including all bars and restaurants[4]
    • Laurel, banned in all enclosed workplaces, including all bars and restaurants[4]
    • Mantachie, banned in all enclosed workplaces, including all bars and restaurants[17]
    • Mayersville, banned in all enclosed workplaces, including all bars and restaurants[4]
    • Meridian, February 19, 2010, banned in all enclosed workplaces, including all bars and restaurants.[150]
    • Metcalfe, banned in all enclosed workplaces, including all bars and restaurants[4]
    • Oxford, banned in all bars and restaurants, but not in all other enclosed workplaces[4]
    • Petal, banned in nearly all enclosed workplaces, including all bars and restaurants[4]
    • Pontotoc, banned in all bars and restaurants, but not in all other enclosed workplaces[4]
    • Ridgeland, July 20, 2007, banned in all enclosed workplaces, including all bars and restaurants[4]
    • Starkville, May 20, 2006, banned in all enclosed workplaces, including all bars and restaurants[4]
    • Summit, banned in all enclosed workplaces, including all bars and restaurants[17]
    • Tupelo, October 2006, banned in all enclosed workplaces, including all bars and restaurants[4]
  • Localities in Mississippi with smoking bans that do not include all bars and restaurants (5 total):
    • Columbus, banned in all enclosed workplaces, except bars and restaurants that do not admit or employ minors under 21 years old.[151]
    • Corinth, November 2007, banned in all city-owned facilities, enclosed workplaces, and some outdoor areas, by vote of the Board of Aldermen;[152] does not include all bars[4]
    • Gulfport, May 1, 2008, banned in all enclosed workplaces, except bars and casinos.[153]
    • Picayune, banned in all enclosed workplaces, including restaurants but exempting bars[4]
    • Walls, June 2008, banned in all enclosed workplaces, including restaurants but exempting bars[4]
    • West, banned in all enclosed workplaces except bars and restaurants[4]
  • Localities in Mississippi that rejected a smoking ban in some manner (1 total):
    • Lucedale, December, 2007, rejected a ban on smoking in all enclosed workplaces[154]

 Missouri

  • No statewide smoking ban. Instead, Missouri's 1992 statewide smoking law, the Indoor Clean Air Act, prohibits smoking in all enclosed public places (including workplaces) and public meetings, except in designated smoking areas, which may occupy no more than 30% of the place's enclosed area.[155] Warning signs must be appropriately posted either way.[156] Local governments may prohibit smoking in schools, child daycare facilities, and school buses,[157] as well as in public places.[155] Bars, restaurants that seat fewer than 50 people, bowling alleys, billiard parlors, retail tobacco shops, rooms and halls used for private social functions, limousines and taxicabs where the driver and all passengers agree to smoking, stage performances including smoking, indoor sports stadiums seating more than 15,000 people, and private residences "are not considered a public place".[158] On June 23, 2009, the Western District of the Missouri Court of Appeals ruled that Kansas City's 2008 local ban on smoking in all workplaces, including bars and billiard parlors, did not conflict with this statute and was not preempted.[159] The Supreme Court of Missouri later declined to hear an appeal from that decision.[160]
    • Attempts in the Missouri General Assembly to enact some form of statewide smoking ban have failed every year since 2008. Bills by Senator Joan Bray before the Missouri Senate in 2008, 2009, and 2010 and a bill by Rep. Walt Bivens before the Missouri House of Representatives in 2010 all had few consponsors and little support, and failed without even receiving a committee hearing.[161][162][163][164] In 2009, a proposal by Rep. Joe Fallert to amend the Constitution of Missouri to ban smoking statewide and a bill by Rep. Jill Schupp proposing .1% a tax on all non-smoke-free businesses also both failed this way.[165][166] In 2011, a bill by Rep. Jill Schupp to ban smoking statewide did have a number of cosponsors and received a brief hearing before a House committee, but the committee did not put it up for a vote.[167]
    • As of April 2011, Missouri has the lowest cigarette excise taxes in the United States, at 17 cents per pack,[168] and the electorate voted in 2002 and 2006 to keep it that way.[169] According to the Centers for Disease Control and Prevention, in 2009 Missouri was tied (with Indiana) for the fifth highest percentage of adult smokers among U.S. states, at 23.1%.[170] In January 2011, the House of Representatives voted to continue allowing smoking in its half of the Missouri State Capitol.[171] In October 2008, a statewide survey by the Missouri Department of Health and Senior Services found that only 27.5% of Missourians support a statewide ban on smoking in all bars and cocktail lounges.[172] Missouri also has one of the most permissive approaches to alcohol in the United States (see Alcohol laws of Missouri).
    • As detailed below, of the 961 cities in Missouri, only 29 (3%) have enacted any kind of smoking ban in non-government-owned spaces, 9 of which are not comprehensive bans. One county bans smoking in many places, though exempting bars and casinos. 9 cities and one county have rejected a smoking ban in some manner. On April 5, 2011, Cape Girardeau became one of the few cities in the United States ever to have rejected a smoking ban in a public vote.
  • Localities in Missouri with a smoking ban that includes all bars and restaurants (20 total):
    • Ballwin, January 2, 2006, banned in all workplaces, including bars, and restaurants; exempts private clubs with no employees.[173][174]
    • Belton, August 5, 2009, banned in all enclosed public places and workplaces, by public vote in April 2009; exempts business vehicles where all occupants agree to allow smoking, any businesses occupied exclusively by one smoker, private and semiprivate rooms in nursing homes, retail tobacco stores, and private clubs; all existing businesses that allow smoking are exempt until August 5, 2012; existing bars and restaurants that allow smoking are exempt until August 5, 2016.[175]
    • Brentwood, January 1, 2011, banned in all enclosed public places and workplaces, by City Council vote of 7-1 in August 2010; exempts designated hotel and motel smoking rooms, tobacco shops, private homes, and private vehicles.[176]
    • Chillicothe, January 1, 2008, banned in all workplaces, including bars and restaurants, by City Council vote of 4-1, after 56% of voters approved of the idea in a referendum; exempts separately-ventilated offices occupied exclusively by smokers.[177][178]
    • Columbia, January 9, 2007, banned in all workplaces, including bars and restaurants; exempts rented social halls, separately-ventilated offices occupied exclusively by smokers, stage performances, retail tobacco shops, and private clubs with no employees.[179][180]
    • Fulton, January 31, 2011, banned in all enclosed workplaces, including bars and restaurants, after public vote of 53.85%-46.15%.[181]
    • 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.[182][183]
    • Kansas City, June 7, 2008, banned in all indoor workplaces, except casino gaming floors and establishments receiving more than 80% of their revenue from tobacco but neither sell nor serve food or beverages, after public vote of 52%-48%[184][185] 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;[186] and then reinstated by the court on June 21, 2008.[187] 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,[159] and the Supreme Court of Missouri declined to hear an appeal from that decision.[160]
    • Kirksville, July 1, 2007, banned in all workplaces, including bars and restaurants; exempts private clubs.[188][189]
    • Kirkwood, January 2, 2010, banned in all enclosed workplaces, including all restaurants and bars, after public vote of 65%-35%; exempts private clubs, private residences, private vehicles, smoking rooms in hotels and motels, and retail tobacco stores.[190]
    • Jefferson City, January 31, 2011, banned in all enclosed workplaces, including bars and restaurants, after public vote of 58%-42%.[181]
    • Lee's Summit, December 8, 2006 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, retail tobacco stores, and private clubs.[191][192]
    • 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.[193]
    • Maryville, October 1, 2010, banned in all enclosed workplaces, including bars and restaurants, by a city council vote of 3-2.[194]
    • Nixa, June 8, 2007, banned in all workplaces, including bars and restaurants; exempts rented social halls, taxicabs and limousines where both driver and passengers agree to allow smoking, stage performances, designated areas of shopping malls, retail tobacco shops, and designated employee smoking areas not accessible to the general public.[195][196]
    • North Kansas City, July 10, 2008, banned in all workplaces, including bars and restaurants; exempts casinos and retail tobacco shops[197][198][199]
    • Rolla, January 1, 2012, banned in all enclosed workplaces, including bars and restaurants, by a city council vote of 8-4 on June 6, 2011; exempts private clubs with no employees, outdoor areas, designated hotel/motel smoking rooms, and private homes and vehicles[200]
    • Springfield, June 11, 2011, banned in all enclosed workplaces, including all restaurants, bars, and retail tobacco shops, after public vote of 53%-47% on April 5, 2011; exempts only private residences and 20% of hotel and motel rooms.[201][202]
    • St. Louis, January 2, 2011, banned in all enclosed workplaces, including bars and restaurants; indefinitely exempts casino gaming floors and VIP lounges (unless St. Louis County and St. Charles County and/or St. Charles city also prohibit casino gaming floors), private clubs with no employees, retail tobacco stores, designated hotel/motel smoking rooms, private residences, and outdoor areas; bars in existence on January 2, 2011, that are less than 2,000 square feet (190 m2) and do not allow under-21 patrons are exempt until January 2, 2016[203]
    • Warrensburg, November 30, 2010, banned in all enclosed workplaces, including bars and restaurants; exempts private clubs, retail tobacco stores, any stores whose revenue is at least 80% from tobacco, stage performances involving smoking, designated smoking areas in institutions of higher education, outdoor patios, designated hotel/motel smoking rooms, and private residences.[204]
  • Localities in Missouri with a smoking ban that does not include all bars and restaurants (10 total):
    • Arnold, November 1, 2004, banned in all restaurants/restaurant-bars seating 50 people or more, except in separately-ventilated smoking rooms; does not touch standalone bars or other places; exempts any establishment otherwise classified as a restaurant, that receives 70% or more of its revenue from alcohol sales[205][206]
    • Blue Springs, May 1, 2008, banned in all enclosed workplaces, including most restaurants; exempts bars, restaurants that seat less than 50 people, restaurants that receive less than 60% of their revenue from food sales, bowling alleys, bingo halls during bingo games, rented social halls, private dances open to the public, and retail tobacco shops.[207][208]
    • Clayton, July 1, 2010, banned in all enclosed workplaces, including restaurants and some bars; exempts cigar bars, tobacco shops, 20% of hotel and motel rooms, and outdoor areas[209]
    • Creve Coeur, January 2, 2011, banned by unanimous city council vote in all enclosed workplaces, including restaurants; exempts bars, cigar bars, private clubs, tobacco shops, and hotel/motel designated smoking rooms[210]
    • Gladstone, May 24, 2009, banned by City Council vote of 4-1 in all enclosed workplaces and city parks; exempts any business existing and licensed to serve liquor on January 1, 2009, that customarily allows smoking and remains under the same ownership; further exempts all bars, taverns, restaurants seating less than 50 people, billiard parlors, bowling alleys, retail tobacco shops, rented social halls, taxicabs and limousines where both driver and passengers agree to allow smoking, stage performances involving smoking, private clubs, private and semiprivate rooms in nursing homes occupied exclusively by smokers, and a percentage of hotel and motel rooms.[211][212]
    • Lake Saint Louis, September 30, 2010, banned in all enclosed workplaces, including all restaurants and bars, by Board of Aldermen vote of 4-2 on March 15, 2010; exempts designated hotel/motel smoking rooms, private clubs with no employees, outdoor areas, cigar bars, and retail tobacco stores.[213][214][215]
    • O'Fallon, June 4, 2011, banned in all enclosed workplaces, including all 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.[216][217]
    • Raymore, August 22, 2008, banned in all public places and within 100 feet (30 m) of the entrance to public places (except on outdoor patios), including most restaurants; exempts bars, restaurants with bars, private clubs, stage performances, restaurants that seat fewer than 50 people, bowling alleys, billiard parlors, taxicabs and limousines where both driver and passengers agree to allow smoking, and retail tobacco shops.[218]
    • Parkville, April 7, 2011, banned in all enclosed public places and workplaces by Board of Aldermen; exempts all bars, taverns, restaurants seating less than 50 people, billiard parlors, bowling alleys, retail tobacco shops, rented social halls, taxicabs and limousines where both driver and passengers agree to allow smoking, stage performances involving smoking, and private clubs.[219][220]
    • St. Louis County, January 2, 2011, banned in all enclosed workplaces, including restaurants, after public vote of 65%-35% on November 3, 2009; exempts certain drinking establishments (bars having 25% or less gross sales of food, were in existence on Jan. 2, 2011 and have applied for a smoking exemption certificate), cigar bars, casino gaming floors, private clubs, performing on stage as part of a theatrical production, private and semi-private rooms in nursing homes and rest homes, retail tobacco shops, smoking rooms in hotels and motels, and smoking lounges at Lambert-St. Louis International Airport.[221]
  • Localities in Missouri where a smoking ban or other smoking restriction was rejected in some manner (10 total):
    • Cape Girardeau, April 5, 2011, ban on smoking in all enclosed workplaces, including bars, restaurants, and casinos, rejected by public vote of 52%-48%.[222]
    • Carthage, February 2, 2009, ban on smoking in all restaurants indefinitely tabled by City Council committee because it was local, rather than regional[223]
    • Farmington, October, 2007, mayor vetoed a ban on smoking in restaurants;[224] and the City Council rejected a ban on smoking in all workplaces in January 2008 by a vote of 6-2[225]
    • Joplin, October 18, 2010, City Council rejected a proposed ban on smoking in all enclosed workplaces, including all bars and restaurants, by a vote of 5-4[226]
    • Raytown, October 7, 2008, Board of Aldermen rejected even taking up the issue of a new smoking ordinance, by a vote of 6-4;[227] on September 8, 2009, the Board of Aldermen rejected a proposed smoking ban on all enclosed workplaces, including all bars and restaurants, by a vote of 7-3.[228]
    • Riverside, June 16, 2009, Board of Aldermen rejected taking up the issue of a smoking ordinance, by a vote of 4-2.[229]
    • Smithville, December 18, 2007, Board of Aldermen unanimously rejected a ban on smoking in all workplaces, including restaurants and bars[230]
    • St. Charles, May 2008, City Council rejected even taking up the issue of a ban on smoking in all workplaces, including bars and restaurants, by a vote of 6-4, and also rejected sending the proposed ban to voters[231]
    • St. Charles County, June 2011, County Executive vetoed a proposed referendum on a countywide smoking ban including all bars and restaurants but exempting casinos and cigar bars.[232]
    • Webb City, April 11, 2011, City Council rejected a ban on smoking in all workplaces, including restaurants and bars, by vote of 5-3;[233] June 13, 2011, City Countil again rejected the same proposal, 5-3[234]

 Montana

  • Statewide smoking ban: On October 1, 2005, the Montana Clean Indoor Air Act (MCIAA) went into effect, banning smoking statewide in all enclosed workplaces in Montana including restaurants, though bars were exempt until October 1, 2009;[235] the word "bar" is defined in the Act as also including taverns, night clubs, cocktail lounges, and casinos.[236] 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 Native American religious and cultural activities.[235] Local governments are preempted from regulating smoking more stringently than the Act.[237]
    • Bozeman, banned in all enclosed workplaces, including restaurants but exempting bars (superseded by MCIAA to include bars on October 1, 2009)[4]
    • Helena, banned in all enclosed workplaces, including all bars and restaurants[4]

 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.[238] The Act exempts tobacco retail stores, designated hotel/motel smoking rooms, private residences, and places where scientific research about smoking is occurring.[239] In April 2009, the Act was amended to further exempt cigar bars, as well.[240] Local governments may regulate smoking more stringently than the Act.[241]
    • Grand Island, June 1, 2008, banned in all enclosed workplaces, including bars and restaurants[4]
    • Humboldt, banned in all enclosed workplaces, including bars and restaurants[4]
    • Lincoln, January 1, 2005, banned in all enclosed workplaces, including bars and restaurants[4]
    • Omaha, October 1, 2006, banned in all enclosed workplaces, including bars and restaurants[4]

 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.[242] 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).[242] Local governments may regulate smoking more stringently than the Act,[242] though no city or county in Nevada has chosen to do so.[4] In 2009 Nevada partially repealed the ban to allow smoking in tobacco-related trade conventions.[citation needed] The ban was further amended in 2011 to allow smoking in taverns that serve alcohol and food as long as patrons under 21 are not allowed in. Smoking is also now allowed in designated areas of family restaurants if the smoking area is physically enclosed and separated from the non-smoking area and minors are prohibited inside. [243]

 New Hampshire

  • Statewide ban on smoking in bars, restaurants, and some other workplaces: On September 17, 2007, the Indoor Smoking Act went into effect, banning smoking in schools, child daycare facilities, hospitals, grocery stores, elevators and public conveyances (except when rented for private purposes), restaurants, bars, and private clubs when open to the public.[244] 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.[245] All other places must designate smoking and nonsmoking areas and post appropriate signs.[246] 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.[247] Towns only can regulate smoking more strictly with regard to fire safety and sanitation.[248] In 2003, the New Hampshire Supreme Court ruled that this means state law preempts towns from enacting stricter local smoking bans for health reasons.[249]

 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.[250] The Act exempts city parks, cigar bars, tobacco retail stores, tobacco manufacturing facilities, private residences and private automobiles, off-track betting parlors, and designated hotel/motel smoking rooms.[251] Local governments may regulate smoking more stringently than the Act.[252]

Exception to this law includes “any cigar bar or cigar lounge that, in the calendar year ending December 31, 2004, generated 15% or more of its total annual gross income from the on-site sale of tobacco products and the rental of on-site humidors, not including any sales from vending machines, and is registered with the local board of health in the municipality in which the bar or lounge is located.” Other exceptions include tobacco retailers, tobacco businesses, private homes, private residences, private automobiles, casinos, hotel, motel and lodging establishment.[2]

    • Atlantic City, banned in all enclosed workplaces, including bars and restaurants[4] as well as 75% of casino gaming floors.[253]
See Smoke-Free Air Act.

 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 fifty feet of the entrances to those places.[254][255] The Act exempts (1) private residences except when being used to provide commercial childcare, adult care, and/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 Native Americans, (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.[256] Penalties are $100 for a first violation, $200 for a second violation within 12 months and $500 for the third and subsequent violations.[257] Local governments may regulate smoking more stringently than the Act.[258] UNM campuses are tobacco-free as of August 2009.[259]

 New York

  • Statewide smoking ban: Effective April 1, 2003, smoking is banned statewide in all enclosed workplaces in New York, including all bars and restaurants and construction sites.[260] 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 restaurants and bars, and (7) enclosed rooms in restaurants, bars, convention halls, etc., when hosting private functions organized for the promotion and sampling of tobacco products.[261] Local governments may regulate smoking more stringently than the state law.[262]
    • Great Neck, Adopted January 4, 2011, smoking was banned on sidewalks in front of commercial buildings, Village Green park, and the Housing Authority.[263]
    • 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.[264] On January 21, 1908, the New York City Council had passed the Sullivan Ordinance, which would have banned women from smoking anywhere except their homes, but was vetoed by the Mayor within two weeks of its passage.

 North Carolina

  • Statewide ban on smoking in bars, restaurants, and some other workplaces: 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.[265] The law exempts cigar bars, private clubs that are not-for-profit (including country clubs), designated hotel/motel smoking areas, and medical research facilities studying tobacco.[265] The law generally allows local governments to regulate smoking more strictly beginning July 5, 2009 (as long as it is approved by the county, too), but preempts local governments from regulating smoking in cigar bars, retail tobacco shops, tobacco manufacturer facilities, designated hotel/motel smoking rooms, private clubs (including country clubs), theatrical productions involving smoking, private residences, or private vehicles.[265]

 North Dakota

  • Statewide smoking ban excluding bars: Effective August 1, 2005, smoking is banned statewide in all enclosed places of employment in North Dakota, exempting (1) bars, (2) private residences, except when operating as a childcare facility when children are present, (3) designated hotel/motel smoking rooms, (4) retail tobacco stores, (5) outdoor areas except sports arenas, (6) businesses not open to the public with no employees besides the owner, (7) any place generally open to the public but under control of a private party renting it and children are excluded from the function, (8) separately enclosed areas in truckstops that are accessible only to adults, and (9) Native American religious and cultural rituals.[269] Local governments may regulate smoking more stringently than the state.[270]
  • Localities in North Dakota with smoking bans that include all bars and restaurants (3 total):
    • Fargo, June 2008, banned in all enclosed workplaces, including bars and restaurants[4]
    • Grand Forks, banned in all enclosed workplaces, including bars and restaurants
    • West Fargo, banned in all enclosed workplaces, including bars and restaurants[4]
  • Localities in North Dakota with smoking bans that do not include all bars and restaurants (3 total):
    • Bismarck, banned in all enclosed workplaces, including restaurants but exempting bars[4]
    • Grafton, banned in all enclosed workplaces, including restaurants but exempting bars[citation needed]
    • Minot, banned in all enclosed workplaces, including restaurants but exempting bars[citation needed]

 Northern Mariana Islands

  • Partial smoking ban. Since September 29, 2009, smoking had been banned for most workplaces and restaurants, but not bars.[274]

 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 Ohio, including bars and restaurants.[275] 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.[275] The law is enforced by the Ohio Department of Health, which began enforcement on May 3, 2007.[275] A business may be fined up to $2,500 and individuals $100 for violation of the ban.[275] Local governments may regulate smoking more stringently than the state.[275]
  • A ruling by the 10th District Court of Appeals in Columbus upheld the law, stating that a bar owner had intentionally violated it. The bar owner, facing violations and fines totaling $33,000, brought suit, claiming the ban is unconstitutional. The Ohio Supreme Court has agreed to hear the challenge.[276]
  • North Royalton April 16, 2008, banned in parks, fields, and parking lots in the city.[citation needed] City sidewalks are exempt and smoking areas may be designated at the mayor's discretion.[citation needed]
  • Oberlin, June 2010, Oberlin, banned smoking and the use of smokeless tobacco in city parks.[277]

 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.[278][279] The Oklahoma law expressly preempts local governments from enacting any local smoking regulations that are not exactly the same as the state law.[280] In February 2009, a committee of the Oklahoma Senate rejected a proposed ban on smoking in all enclosed workplaces, including restaurants and bars, and a similar bill before the Oklahoma House of Representatives failed when it was denied a committee hearing.[281] In May 2009, a bill before the Oklahoma House of Representatives to repeal the preemption on stricter local smoking regulation failed when it did not receive a committee hearing.[282]

 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 10 feet (3.0 m) of the entrances, exits, or windows of such places.[283] The Act exempts (1) private residences except when serving as a childcare or adult care facility,[284] (2) designated hotel/motel smoking rooms, (3) spaces designated for traditional Native American religious and cultural ceremonies, (4) retail tobacco shops, and (5) cigar bars.[285] Local governments may regulate smoking more stringently than the Act;[286] and the Oregon Court of Appeals reiterated this in 2000.[287]
    • Corvallis, August 1997, banned in all enclosed workplaces, including bars and restaurants,[4] including within 3 metres (9.8 ft) of entrances to such places.[citation needed]
    • Eugene, July 2001, banned in all enclosed workplaces, including bars and restaurants[4]
    • Philomath, banned in all enclosed workplaces, including bars and restaurants[4]

 Pennsylvania

  • Statewide smoking ban excluding bars and casinos. 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.[288] 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 closed to the public, 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.[288] Local governments except Philadelphia are preempted from regulating smoking more stringently than the Act.[288]
    • Philadelphia, January 8, 2007, banned in all enclosed workplaces, 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.[289] Philadelphia's ordinance is the only local smoking ban in Pennsylvania.[4]

 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.[290] 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.[291]

 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.[292][293] The Act exempts (1) cigar 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) private residences, except used as a licensed child care, adult daycare, or healthcare facility,[294] and (7) the two state-licensed gambling facilities, Newport Grand and Twin River.[295] Local governments may regulate smoking more strictly than the Act,[296] though as of April 2009 none have chosen to do so.[4]

 South Carolina

  • No statewide smoking ban. Instead, South Carolina's 1990 statewide smoking law, the Clean Indoor Air Law, generally prohibits smoking only in (1) public schools, excluding offices and teacher lounges (unless a local school board says otherwise), (2) childcare facilities, (3) healthcare facilities, except in designated employee smoking areas (unless the facilities chooses to be smoke free), (4) government buildings, except in designated employee smoking areas (and except the State Capitol and legislative office buildings), (5) elevators, (6) public transportation vehicles, and (7) public theatres and arenas, except in designated smoking areas in common areas,[297] and in any such designated smoking area warning signs must be appropriately posted.[298] 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.[299] 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.[300] As of July 5, 2010, 33 local governments in South Carolina have enacted local smoking bans.[301] In May 2008, four bills before the South Carolina General Assembly that sought to ban smoking statewide in all bars and restaurants failed when they did not receive a committee hearing before the end of the legislative session.[302]
  • Localities in South Carolina with smoking bans that include all bars and restaurants (31 total as of July 5, 2010):
    • Aiken, July 14, 2008, banned in all enclosed workplaces, including bars and restaurants; exempts any outside area that is not posted as a non-smoking area, private residences, except when used as a daycare or health care facility, hotel and motel rooms that are designated as smoking rooms, retail tobacco stores, requested private and semiprivate smoking rooms in nursing homes and long-term care facilities, private clubs except for events that admit the general public, designated outdoor smoking areas, theatrical stage productions when smoking is essential to the performance, personal vehicles, including times when they are used for employment purposes.[303]
    • Aiken County, September 16, 2008, banned in all enclosed workplaces, including bars and restaurants.[4]
    • Beaufort, May 27, 2008, banned in all enclosed workplaces, including bars and restaurants[304]
    • Beaufort County, January 10, 2007, banned in all workplaces, including restaurants and bars, within unincorporated areas of Beaufort County.[4]
    • Camden, September 22, 2008, banned in all enclosed workplaces, including bars and restaurants[4]
    • Cayce, June 1, 2010, banned in all enclosed workplaces, including bars and restaurants[4]
    • Charleston, July 23, 2007, banned in all enclosed workplaces, including bars and restaurants; exempts cigar bars, theatrical performances involving smoking, and 25% of designated hotel and motel smoking rooms.[301]
    • Clemson, July 1, 2008, banned in all bars and restaurants, but not in all other workplaces[4]
    • Columbia, October 1, 2008, banned in all enclosed workplaces, including bars and restaurants[4]
    • Easley, January 1, 2009, banned in all enclosed workplaces, including bars and restaurants[4]
    • Edisto Beach, March 1, 2009, banned in all enclosed workplaces, including bars and restaurants[4]
    • Fort Mill, August 1, 2009, banned in all enclosed workplaces, including bars and restaurants[4]
    • Greenville, January 1, 2007, banned in all enclosed workplaces, including bars and restaurants[4] and has placed a ban for outdoor smoking within city limits
    • Hilton Head Island, May 1, 2007, banned in all bars and restaurants, but not in all other workplaces[4]
    • Isle of Palms, January 1, 2009, banned in all bars and restaurants, but not in all other workplaces[4]
    • Lexington, October 3, 2009, banned in all enclosed workplaces, including bars and restaurants[4]
    • Lexington County, January 1, 2010, banned in all enclosed workplaces, including bars and restaurants[4]
    • Mount Pleasant, September 1, 2007, banned in all bars, restaurants, and private clubs, but not in all other workplaces[4]
    • North Augusta, August 1, 2009, banned in all enclosed workplaces, including bars and restaurants[4]
    • Pickens, May 1, 2009, banned in all enclosed workplaces, including bars and restaurants[301]
    • Pine Ridge, January 1, 2010, banned in all enclosed workplaces, including bars and restaurants[4]
    • Ravenel, April 27, 2010, banned in all bars and restaurants, but not in all other workplaces[4]
    • Richland County, October 1, 2009, banned in all enclosed workplaces, including bars and restaurants[4]
    • Rock Hill, May 1, 2009, banned in all enclosed workplaces, including bars and restaurants[301]
    • Springdale, January 1, 2010, banned in all enclosed workplaces, including bars and restaurants[4]
    • Sullivan's Island, July 20, 2006, banned in all bars and restaurants, but not in all other workplaces[4]
    • Sumter, April 20, 2009, banned in all enclosed workplaces, including bars and restaurants[4]
    • Surfside Beach, October 1, 2007, banned in all enclosed workplaces, including bars and restaurants[4]
    • Walterboro, August 1, 2008, banned in all enclosed workplaces, including bars and restaurants[4]
    • West Columbia, June 1, 2010, banned in all enclosed workplaces, including bars and restaurants[4]
    • York County, May 1, 2009, banned in all enclosed workplaces, including bars and restaurants[301]
  • Localities in South Carolina with smoking bans that do not include all bars and restaurants (2 total):
    • Bluffton, January 10, 2007, banned in all enclosed workplaces except bars and restaurants[4]
    • Liberty, November 9, 2006, banned in all restaurants, but not bars or all other workplaces[4]
  • Localities in South Carolina that rejected a smoking ban in some manner (1 total):

 South Dakota

  • Statewide smoking ban: South Dakota voters passed 2009 H.B. 1240 on November 10, 2010. The bill bans smoking statewide in all enclosed workplaces in South Dakota, including bars and restaurants,[307] exempting only private residences unless used for child daycare,[307] cigar bars, retail tobacco shops, and a percentage of hotel and motel rooms.[308] 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.[309] 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.[310] 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.[311] 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,[312] 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: On July 1, 2007, after being signed into law in May 2007, the Non-Smoker Protection Act went into effect, banning smoking statewide in all enclosed workplaces in Tennessee, except as exempted.[313] The Act exempts (1) businesses, including bars and restaurants, where persons under 21 are prohibited, (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.[314] Local governments are preempted from regulating smoking.[315]

 Texas

  • No statewide smoking ban. Instead, since 1997 Texas' statewide smoking law only prohibits smoking in activities of public schools on or off school property,[316] 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.[317] Violation of this law is a class C misdemeanor.[317] Texas law is silent as to whether local governments may regulate smoking more stringently than the state. As of April 2009, 49 cities in Texas have enacted local smoking bans to varying degrees.[4]
    • Attempts to ban smoking statewide have failed twice before the Texas Legislature, first in May 2007 when a bill to ban smoking statewide in all enclosed workplaces, including bars and restaurants passed the Texas House of Representatives by a vote of 91-48 after being amended to allow any business owner to opt out of the ban by posting signs saying smoking is permitted, and then did not receive a vote in the Texas Senate,[318][319] and then again in May 2009, when a similar bill was passed by a Senate committee but did not receive the 21 votes necessary to reach the Senate floor.[320]
  • Localities in Texas with a smoking ban including all bars and restaurants (29 total):
    • Abilene, January 3, 2007, banned in all enclosed workplaces, including bars and restaurants[4]
    • Alton, banned in all enclosed workplaces, including bars and restaurants[4]
    • Austin, September 1, 2005, after passage by 52% of voters,[citation needed] banned in all enclosed workplaces, including bars and restaurants;[4] exempts bingo halls, fraternities, designated hotel/motel smoking rooms, separately ventilated smoking rooms in restaurants and bars constructed before September 2005, and nursing homes.[citation needed] Struck down as unconstitutionally vague by the United States District Court for the Western District of Texas in 2006,[321] but reinstated on appeal by the United States Court of Appeals for the Fifth Circuit in March 2008.[322]
    • Baytown, November 20, 2006, banned in all enclosed workplaces, including bars and restaurants[4]
    • Beaumont, August 1, 2006, banned in all enclosed workplaces, including bars and restaurants[4]
    • Benbrook, November 1, 2006, banned in all enclosed workplaces, including bars and restaurants,[4] as well as within 25 feet (7.6 m) of the entrances and exits of such places.[citation needed]
    • College Station, banned in all enclosed workplaces including bars and within a 20-foot (6.1 m) radius of entryways except in theater performances or tobacco shops.[323]
    • Copperas Cove, May 18, 2004, banned in all enclosed workplaces, including bars and restaurants;[4] exempts bingo halls (if enclosed non-smoking area is provided), fraternal organizations, designated hotel/motel smoking rooms, and private and semi-private rooms in nursing homes.[citation needed]
    • Corpus Christi, April 14, 2009, banned in all enclosed workplaces, including bars and restaurants[4]
    • Dallas, April 10, 2009, banned in all enclosed workplaces, including bars and restaurants[4]
    • El Lago, banned in all bars and restaurants, but not in all other workplaces[4]
    • El Paso, January 2, 2002, banned in all enclosed workplaces, including bars and restaurants[4]
    • Flower Mound, banned in all enclosed workplaces, including bars and restaurants[4]
    • Houston, September 1, 2007 banned in all enclosed workplaces, including bars and restaurants;[4] exempts retail tobacco shops, cigar bars, and private function events not open to the public.[citation needed]
    • Laredo, October 2006, banned in all enclosed workplaces, including bars and restaurants[4]
    • Marshall, banned in all enclosed workplaces, including bars and restaurants[4]
    • McKinney, September 4, 2008, banned in all enclosed workplaces, including bars and restaurants;[4] exempts retail tobacco shops and country club smoking rooms, but includes all outdoor areas of parks with the exception of parking lots.[324]
    • Nacogdoches, banned in all enclosed workplaces, including bars and restaurants[4]
    • Pasadena, banned in all enclosed workplaces, including restaurants but exempting bars[4]
    • Pearland, November 30, 2007, banned in all enclosed workplaces, including bars and restaurants;[4] includes city-owned parks and playgrounds and within 25 feet (7.6 m) of entrances, operable windows and ventilation systems of places where smoking is banned.[citation needed]
    • Plano, June 1, 2007, banned in all enclosed workplaces, including bars and restaurants[4]
    • Richardson, banned in all enclosed workplaces, including bars and restaurants[4]
    • Rollingwood, banned in all bars and restaurants, but not in all other workplaces[4]
    • San Angelo, banned in all enclosed workplaces, including bars and restaurants. [325]
    • Socorro, banned in all enclosed workplaces, including bars and restaurants[4]
    • Southlake, June 1, 2007, banned in all enclosed workplaces, including bars and restaurants;[4] does not exempt hotel/motel rooms.[citation needed]
    • Tyler, banned in all enclosed workplaces, including bars and restaurants[4]
    • Vernon, banned in all enclosed workplaces, including bars and restaurants[4]
    • Victoria, banned in all enclosed workplaces, including bars and restaurants[4]
    • Woodway, banned in all enclosed workplaces, including bars and restaurants[4]
  • Localities in Texas with a smoking ban that does not include all bars and restaurants (21 total):
    • Angleton, banned in all restaurants, but not bars or all other workplaces[4]
    • Arlington, January 1, 2007, banned in all restaurants, but not bars or all other workplaces;[4] includes private clubs and outdoor areas within 50 feet (15 m) of entrance or exit of a place where smoking is banned.[citation needed]
    • Boerne, March 27, 2007, banned in all restaurants, but not bars or all other workplaces[4]
    • Brenham, July 20, 2007, banned in all restaurants, but not bars or all other workplaces;[4] exempts manufacturing facilities[citation needed]
    • Brownsville, banned in all restaurants, but not bars or all other workplaces[4]
    • Fort Worth, January 1, 2008, banned in all enclosed workplaces, including restaurants but exempting bars;[4] also exempts private clubs, bingo halls, and outdoor dining areas over 20 feet (6.1 m) from an entrance or operable window.[324]
    • Frisco, November 18, 2006, banned in all enclosed workplaces except bars and restaurants[4]
    • Galveston, January 1, 2010, banned by City Council in all enclosed workplaces, and including all restaurants; but on September 23, 2010, City Council repealed smoking ban on bars, private clubs, and fraternal organizations. The ban that took effect in 2010 originally included bars and private clubs.[326]
    • Harlingen, April 2, 2005, banned in all enclosed workplaces, including restaurants but exempting bars[327]
    • Kaufman, banned in all enclosed workplaces except bars and restaurants[4]
    • Kerrville, June 24, 2008, banned in bars, but not restaurants or other enclosed workplaces[4]
    • Leander, banned in all enclosed workplaces except bars and restaurants[4]
    • New Braunfels, banned in all enclosed workplaces except bars and restaurants;[4] also exempts private clubs[citation needed]
    • Portland, banned in all enclosed workplaces, including restaurants but exempting bars[4]
    • Prosper, banned in all restaurants, but not bars or all other workplaces[4]
    • Robinson, banned in all enclosed workplaces, including restaurants but exempting bars[4]
    • Rockwall, banned in all restaurants, but not bars or all other workplaces[4]
    • Round Rock, banned in all enclosed workplaces, including restaurants but exempting bars[4]
    • San Antonio, August 19, 2010, banned in all enclosed workplaces, including restaurants and bars; excempts cigar bars, outdoor restaurants and bar patio areas, the River Walk, Alamo Plaza, and Main Plaza.[328]
    • Sugar Land, January 1, 2008, banned in all enclosed workplaces, including restaurants but exempting bars[4]
    • Sweeny, banned in all restaurants, but not in bars or all other enclosed workplaces[4]
    • Yoakum, May 12, 2007 voters approved a referendum banning smoking in all enclosed workplaces, including restaurants but exempting bars[citation needed]
  • Localities in Texas where a smoking ban was rejected in some manner (2 total):
    • Amarillo, May 2008, ban rejected by 238 votes in a May 2008 referendum.[329]

 United States Virgin Islands

  • Territorywide smoking ban: Effective February 10, 2011, smoking is banned in all enclosed workplaces, including bars and restaurants, and in outdoor service lines. [330]

 Utah

  • Statewide smoking ban: Effective January 1, 2007, as passed in March 2006, 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,[331] and (3) Native American religious and cultural ceremonies.[332] Local governments are preempted from regulating smoking more stringently than the Act.[333] Utah is one of the few states with a statewide smoking ban that does not exempt tobacconists.

 Vermont

  • Statewide smoking ban: Effective September 1, 2005, smoking is banned in all enclosed workplaces in Vermont, including all bars and restaurants,[334] except in areas of owner-operated businesses with no employees that are not open to the public,[335] although separately-ventilated designated smoking areas in businesses where employees are not required to be were exempt until July 1, 2009.[336] 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.[336] The Vermont Veterans Home in Bennington is the only non-owner-operated workplace in the state permitted to allow smoking.[336] Vermont is one of the few states with a statewide smoking ban that does not expressly exempt tobacconists, and is the only state that does not allow the designation of hotel/motel smoking rooms. Local governments may regulate smoking more stringently than the state law.[337][338]
    • Burlington, banned in all bars and restaurants, but not in all other workplaces[4]
    • South Burlington, banned in all bars and restaurants, but not in all other workplaces[4]
    • Williston, banned in all bars and restaurants, but not in all other workplaces[4]
    • Winooski, banned in all bars and restaurants, but not in all other workplaces[4]

 Virginia

  • Statewide ban on smoking in some workplaces. On December 1, 2009, an amendment to Virginia's 1990 Indoor Clean Air Act took effect banning 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.[339][340] 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 15,000 square feet (1,400 m2), and recreational facilities.[339] Local governments are preempted from regulating smoking more stringently than the Act.[339] Since 2006, smoking in state offices, vehicles, and buildings (except for correctional facilities) has been banned by executive order issued by the Governor of Virginia.[341]
    • Campbell County rolled back a smoking ban on personal freedom grounds.[342]
    • Norfolk, March 25, 2008, repealed a ban on smoking in restaurants, which was passed in October 2007 but had not yet gone into effect, by City Council vote of 5-2, because the City Attorney advised the Council that its ban would violate Virginia state law and could not withstand a legal challenge.[343]

 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),[344] as well as within 25 feet (7.6 m) of doors, windows, or ventilation intakes to such places.[345] The act exempts private enclosed workplaces[346] and private residences except when being used to provide licensed childcare, foster care, adult care, or other similar social service care.[347] 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). Local governments may regulate smoking more stringently than the act,[346] and local health boards are authorized to enforce the act locally.[348]
    • Mason County, banned in all enclosed workplaces, including bars and restaurants[4]

 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,[349] (2) areas of public school except teacher's lounges not accessible to students (unless a local education board rules differently),[350] (3) workplaces where a "no smoking" sign is posted,[351] (4) areas near surface magazines for explosives used in mining,[352] (5) mines and structures around mines,[353][354] (6) nonsmoking sections in bingo halls,[355] and (7) nonsmoking areas in nursing homes.[356] 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.[357] As of April 2009, 44 counties and one city in West Virginia have enacted local smoking bans to varying degrees.[4] In 2008, a proposed statewide smoking ban failed in the West Virginia Legislature.[358]
  • Localities in West Virginia with a smoking ban that includes all bars and restaurants (19 total):
    • Braxton County, banned in all enclosed workplaces, including bars and restaurants[4]
    • Calhoun County, banned in all enclosed workplaces, including bars and restaurants[4]
    • Harrison County, banned in all enclosed workplaces, including bars and restaurants[4]
    • Jackson County, banned in all enclosed workplaces, including bars and restaurants[4]
    • Kanawha County, banned in all enclosed workplaces, including bars and restaurants[4]
    • Lincoln County, banned in all enclosed workplaces, including bars and restaurants[4]
    • Marlinton, banned in all enclosed workplaces, including bars and restaurants[4]
    • Ohio County, banned in all enclosed workplaces, including bars and restaurants[4]
    • Pleasants County, banned in all enclosed workplaces, including bars and restaurants[4]
    • Pocahontas County, banned in all enclosed workplaces, including bars and restaurants[4]
    • Randolph County, banned in all enclosed workplaces, including bars and restaurants[4]
    • Ritchie County, banned in all enclosed workplaces, including bars and restaurants[4]
    • Roane County, banned in all enclosed workplaces, including bars and restaurants[4]
    • Summers County, banned in all enclosed workplaces, including bars and restaurants[4]
    • Tucker County, banned in all enclosed workplaces, including bars and restaurants[4]
    • Upshur County, banned in all enclosed workplaces, including bars and restaurants[4]
    • Wirt County, banned in all enclosed workplaces, including bars and restaurants[4]
    • Wood County, banned in all enclosed workplaces, including bars and restaurants[4]
    • Wyoming County, banned in all enclosed workplaces, including bars and restaurants[4]
  • Localities in West Virginia with a smoking ban that does not include all bars and restaurants (26 total):
    • Barbour County, banned in all enclosed workplaces, including restaurants but exempting bars[4]
    • Berkeley County, banned in all enclosed workplaces, including restaurants but exempting bars;[4] in September 2009, the County Health Board rejected ending the bar exemption[359]
    • Boone County, banned in all enclosed workplaces except bars and restaurants[4]
    • Brooke County, banned in all enclosed workplaces except bars and restaurants[4]
    • Cabell County, banned in all enclosed workplaces except bars and restaurants[4]
    • Clay County, banned in all enclosed workplaces, including restaurants but exempting bars[4]
    • Fayette County, banned in all enclosed workplaces, including restaurants but exempting bars[4]
    • Grant County, banned in all enclosed workplaces, including restaurants but exempting bars[4]
    • Greenbrier County, banned in all enclosed workplaces, including restaurants but exempting bars[4]
    • Hardy County, banned in all enclosed workplaces except bars and restaurants[4]
    • Jefferson County, banned in all enclosed workplaces except bars and restaurants[4]
    • Lewis County, banned in all enclosed workplaces, including restaurants but exempting bars[4]
    • Marion County, banned in all enclosed workplaces, including restaurants but exempting bars[4]
    • Marshall County, banned in all enclosed workplaces, including restaurants but exempting bars[4]
    • McDowell County, banned in all restaurants, but not bars or all other workplaces[4]
    • Mercer County, banned in all enclosed workplaces, including restaurants but exempting bars[4]
    • Mineral County, banned in all enclosed workplaces except bars and restaurants[4]
    • Mingo County, banned in all enclosed workplaces except bars and restaurants[4]
    • Monroe County, banned in all enclosed workplaces, including restaurants but exempting bars[4]
    • Morgan County, banned in all enclosed workplaces, including restaurants but exempting bars[4]
    • Nicholas County, banned in all enclosed workplaces except bars and restaurants[4]
    • Pendleton County, banned in all enclosed workplaces except bars and restaurants[4]
    • Preston County, banned in all enclosed workplaces except bars and restaurants[4]
    • Raleigh County, banned in all enclosed workplaces except bars and restaurants[4]
    • Wayne County, banned in all enclosed workplaces except bars and restaurants[4]
    • Webster County, banned in all enclosed workplaces, including restaurants but exempting bars[4]
  • Localities in West Virginia where a smoking ban was rejected in some manner (1 total):
    • Putnam County, August 21, 2007, County Health Board repealed a September 2006 ban on smoking in all enclosed workplaces, including bars and restaurants[360]

 Wisconsin

  • Statewide smoking ban: On July 5, 2010, after being signed into law by Governor Jim Doyle on May 18, 2009, S.B. 181 (2009 Wisconsin Act 12) took effect, banning smoking statewide in all enclosed workplaces in Wisconsin, including all bars, restaurants, lodging establishments, and private clubs, as well as within a "reasonable distance" outdoors from any such place, except in bar/restaurant outdoor patios.[361] The Act exempts only cigar bars or retail tobacco stores already in existence, private residences, and rooms in nursing homes in which the occupants agree to allow smoking;[361] it does not cover casinos run by Native American tribes, as those casinos are in the tribes' sovereign territory. Local governments are preempted from regulating smoking more strictly than the Act.[361] Prior to this law taking effect, several localities in Wisconsin had local smoking bans in effect.

[362]

 Wyoming

  • No statewide smoking ban. Instead, Wyoming state law only prohibits smoking where it could cause an explosion[363][364][365] and in underground mines.[366] 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 April 2009, five cities in Wyoming have enacted local smoking bans, all covering all bars and restaurants, but varying otherwise.[4] In February 2009, a bill before the Wyoming Legislature that would have enacted a statewide ban on smoking in all enclosed workplaces, except in private offices and in bars and restaurants serving only patrons over 21 years of age (and except in any local community that chose to opt out) failed when it was passed by the Wyoming House of Representatives in a vote of 31-29 but then was denied a committee hearing in the Wyoming Senate.[367]
  • Localities in Wyoming with a smoking ban that includes all bars and restaurants (5 total):
    • Burlington, banned in all enclosed workplaces, including bars and restaurants[4]
    • Cheyenne, August 15, 2006, banned in all bars and restaurants, but not in all other workplaces;[4] ban includes private clubs.[citation needed]
    • Evanston, September 4, 2007, banned in all bars and restaurants, but not in all other workplaces[4]
    • Laramie, April 6, 2005, banned in all bars and restaurants, but not in all other workplaces;[4] ban includes private clubs.[citation needed]
  • Localities in Wyoming with a smoking ban that does not include all bars and restaurants (2 total):
    • Green River, December 27, 2007, banned in all workplaces and restaurants, but not bars and private clubs.[368]
    • Rock Springs, December 2007, banned in all workplaces and restaurants, but not bars and private clubs.[369]

See also


External links

References

  1. ^ "Overview List – How many Smokefree Laws?", Americans for Nonsmokers' Rights, October 7, 2011
  2. ^ ""Summary of 100% Smokefree State Laws and Population Protected by 100% U.S. Smokefree Laws", Americans for Nonsmokers' Rights, 1 October 7, 2011" (PDF). http://www.no-smoke.org/pdf/SummaryUSPopList.pdf. Retrieved 11 November 2011. 
  3. ^ "States, Commonwealths, and Municipalities with 100% Smokefree Laws in Workplaces, Restaurants, or Bars", American Nonsmokers' Rights Foundation, October 7, 2011
  4. ^ a b c d e f g h i j k l m n o p q r s t u v w x y z aa ab ac ad ae af ag ah ai aj ak al am an ao ap aq ar as at au av aw ax ay az ba bb bc bd be bf bg bh bi bj bk bl bm bn bo bp bq br bs bt bu bv bw bx by bz ca cb cc cd ce cf cg ch ci cj ck cl cm cn co cp cq cr cs ct cu cv cw cx cy cz da db dc dd de df dg dh di dj dk dl dm dn do dp dq dr ds dt du dv dw dx dy dz ea eb ec ed ee ef eg eh ei ej ek el em en eo ep eq er es et eu ev ew ex ey ez fa fb fc fd fe ff fg fh fi fj fk fl fm fn fo fp fq fr fs ft fu fv fw fx fy fz ga gb gc gd ge gf gg gh gi gj gk gl gm gn go gp gq gr gs gt gu gv gw gx gy gz ha hb hc hd he hf hg hh hi hj hk hl hm hn ho hp hq hr hs ht hu hv hw hx hy hz ia ib ic id ie if ig ih ii ij ik il im in io ip iq ir is it iu iv iw ix iy iz ja jb jc jd je jf jg jh ji jj jk jl jm jn jo jp jq jr js jt ju jv jw jx jy jz ka kb kc kd ke kf kg kh ki kj kk kl km kn ko kp kq kr ks kt ku kv kw kx ky kz la lb lc "Municipalities with Local 100% Smokefree Laws", American Nonsmokers' Rights Foundation, October 7, 2011
  5. ^ Daniel Taub, "California Town Makes It Tougher to Smoke in Public," Bloomberg.com, March 17, 2006
  6. ^ 13 C.F.R. Part 252
  7. ^ Executive Order 13058, August 9, 1997
  8. ^ a b Ala. Code § 22-15A-4
  9. ^ Ala. Code § 22-15A-6
  10. ^ Ala. Code § 22-15A-7
  11. ^ Ala. Code § 22-15A-10
  12. ^ Gann v. City of Gulf Shores, 29 So. 3d 244 (Ala. Crim. App. 2009)
  13. ^ "Time runs out in Alabama Legislature on statewide smoking ban", The Birmingham News, May 20, 2008
  14. ^ Phillip Rawls, "Alabama senator delays her anti-smoking bill", AP, April 3, 2009
  15. ^ George Altman, "Ban on smoking in Alabama restaurants fails in Legislature," Press-Register (April 23, 2010)
  16. ^ "Our View: Strong smoke-free laws are spreading across the country, but in the Alabama Legislature, they may not be going anywhere," Press-Register (April 27, 2011)
  17. ^ a b c d e f g h i McMillen et al., Smoke-Free Legislation and the Social Climate of Secondhand Smoke in Mississippi (November 2008)
  18. ^ Alaska Stat. § 18.35.305
  19. ^ Alaska Stat. § 18.35.300
  20. ^ Alaska Stat. § 18.35.310
  21. ^ Alaska Stat. § 18.35.320
  22. ^ Alaska Stat. § 18.35.330
  23. ^ "Anchorage voters embrace smoking ban", Anchorage Daily News, April 3, 2007
  24. ^ "Juneau bar owners say smoking ban hurts business", Anchorage Daily News, February 26, 2008
  25. ^ "Governor Togiola Signs American Samoa Smoke Free Environment Act ," American Samoa Community Cancer Coalition, October 22nd, 2010
  26. ^ a b c Ariz. Rev. Stat § 36-601.01
  27. ^ Amanda J. Crawford, "Smoking ban compliance is expected to be gradual", The Arizona Republic, May 1, 2007
  28. ^ Ark. Code. Ann. §§ 20-27-1801 through 20-27-1809
  29. ^ Ark. Code Ann. § 20-27-1808
  30. ^ Ark. Code. Ann. § 20-27-1903
  31. ^ Cal. Lab. Code § 6404.5
  32. ^ City of Lodi, California, "AB 846 Expands Smoking Restrictions"
  33. ^ California State Senate "AB 846 Assembly Bill - Chaptered"
  34. ^ Governor Signs into Law Measure to Outlaw Smoking in Cars with Kids, October 2007
  35. ^ Cal. Health & Safety Code § 118974
  36. ^ California Town Approves Ban Making Smoking Illegal in Condos, Apartments Fox News, October 2007
  37. ^ Berkeley approves smoking ban
  38. ^ KCBS.com
  39. ^ LG-PD-Press_Release_Smoking_Ban
  40. ^ Burbankca.org
  41. ^ N.Y. Times | Smoking Ban Takes Effect, Indoors and Out
  42. ^ San Diego Metro News | SignOnSanDiego.com - El Cajon bans smoking in most public places
  43. ^ a b Escondido Municipal Code, Chapter 22A, Smoking Regulations, Section 2 Prohibitions.
  44. ^ North County Times, Nov. 18 2007, Adam Kaye, "Smoking bans spreading in North County - Encinitas, Carlsbad are latest to investigate ordinances", Escondido, CA.
  45. ^ North County Times, May 21 2007, Paul Eakins, "Students to ask Escondido council to consider smoking ban", Escondido, CA.
  46. ^ Ci.glendale.ca.us
  47. ^ Enforcement of Loma Linda's more restrictive smoking ban does not appear to be priority in first day, July 25, 2007
  48. ^ "Los Angeles County Bans Smoking at Public Parks, Golf Courses". Cigarettesreviews.com. http://www.cigarettesreviews.com/los-angeles-county-bans-smoking-at-public-parks-golf-courses. Retrieved 2010-05-17. 
  49. ^ Ci.pasadena.ca.us
  50. ^ San José Municipal Ordinance 9.44.030F and 9.44.010A and Parks Ordinance 13.44.130
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  58. ^ Colo. Rev. Stat. § 25-14-207
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  118. ^ K.R.S. 61.167
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  145. ^ Miss. Code § 29-5-163
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