Smoking Bans 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 unless a smoking area is designated that in certain places must be "enclosed and well ventilated." Warning signs must be posted appropriately. Bars, lounges, retail tobacco stores, limousines under private hire, designated hotel/motel smoking rooms, and psychiatric facilities are entirely exempt from the Act's regulation. Local governments may regulate smoking more stringently than the Act. In May 2008, a bill to enact a statewide smoking ban failed before the Alabama Legislature. In April 2009, another bill to enact a statewide smoking ban was withdrawn by its author when the Alabama Senate amended it to allow smoking in bars, the bar sections of restaurants, dog tracks, and gambling halls.
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. 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, a smoking area may be designated, with no limit on its size, but must post appropriate warning signage. All other places are entirely exempt from regulation. The Alaska state smoking law is silent as to whether cities can regulate smoking more stringently.
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 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.
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. Local governments may regulate smoking more stringently than the state law. At the same time, the Arkansas Protection from Secondhand Smoke for Children Act of 2006 went into effect, prohibiting smoking in a motor vehicle carrying a child under age six years old who weighs less than 60 pounds and is in a car seat.
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 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 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. Additionally, effective January 1, 2008, smoking in a moving vehicle while in the presence of a minor (18 years or younger) is a misdemeanor; the charge is not serious enough to be pulled over, and only can be cited along with a stricter offense, such as a moving violation or traffic accident. Local jurisdictions may regulate smoking more strictly than the state. Many California communities have established smoke-free registries for private residential apartment buildings, which range from complexes where smoking is entirely prohibited (whether inside private dwellings or outside) to those where certain sections of dwellings may be designated as smoking dwellings. Most California cities allow landlords to regulate smoking at will.
Colorado

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. The Act only exempts private residences and automobiles unless used for the public transportation of children or as part of healthcare or daycare, limousines under private hire, hotel/motel rooms designated as smoking rooms, retail tobacco stores, cigar bars, designated areas in airports, outdoor areas, workplaces not open to the public where the employer employs three or fewer employees, private nonresidential buildings on a farm or ranch that has annual gross income of less than $500,000, and designated areas in nursing homes. Local governments may regulate smoking more strictly than the state.
Connecticut

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. 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). 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. Local governments are preempted from regulating smoking at all.
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.
Delaware

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. 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. Local governments can regulate smoking more strictly than the state. The City of Bethany Beach has outlawed smoking on the boardwalk and beach.
Florida

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. Local governments are preempted from regulating smoking.
Georgia

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. 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. Local governments may regulate smoking more strictly than the state.
Hawaii

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. The law exempts private residences not used as a healthcare or daycare facility, hotel/motel rooms designated as smoking rooms, retail tobacco stores, designated rooms in nursing homes, outdoor places of employment not part of bars or restaurants, any place where smoking is part of a production being filmed, and state correctional facilities. Smoking is prohibited within 20 feet of the entrance/exit of a place where the law prohibits smoking indoors. Fines range from $50 for a person caught smoking in violation of the law, to between $100 and $500 for an establishment caught allowing smoking in violation of the law. Counties may regulate smoking more strictly than the state. Hawaii County, March 13, 2008, banned in public recreational areas, such as parks and beaches.
Idaho

Statewide ban 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). Local governments may regulate smoking more strictly than the state.
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 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. Smoking is prohibited in private residences when defined as a place of employment such as when used for child care or foster care. Local governments may regulate smoking more strictly than the state.
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. 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. The law covers no other places, and the state is empowered to grant waivers from this law. Local governments may regulate smoking more strictly than the state law. Attempts in the Indiana General Assembly to ban smoking statewide have failed three times, first in April 2007 when the Indiana Senate removed a smoking ban from a health care funding bill which had been passed by the Indiana House of Representatives, again in January 2008, when a proposed statewide smoking ban introduced by State Rep. Charlie Brown died in a House committee without a vote or debate, and then again in April 2009 when another proposed statewide smoking 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.
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. The Act exempts private residences while not being used as a childcare or healthcare facility, outdoor areas where smoking is not specifically prohibited, hotel/motel rooms designated as smoking rooms, retail tobacco stores, private and semiprivate rooms in nursing homes occupied by smokers, private clubs, limousines under private hire, private work vehicles where only one employee is located, places where a quit-smoking program is taking place, farm vehicles, casino gaming floors, the state-run veterans' home in Marshalltown, and designated areas of correctional facilities. Fines for individuals found in violation of the Smokefree Air Act are $50 per violation. Fines for businesses range anywhere from $100 to $500 for each violation with the eventual possibility of revocation of liquor and/or business license for habitually offending businesses.
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 is scheduled to take effect, banning smoking statewide in all enclosed, indoor workplaces in Kansas. 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. The amendment will not change the original law's provision allowing local governments to regulate smoking more stringently than the state, which the Kansas Supreme Court reiterated in 2007 upon a bar owner's challenge to Lawrence's local smoking ban
Kentucky

No statewide smoking ban. Instead, in Kentucky, the only state laws dealing with smoking prohibit smoking in government offices, universities, and the state capitol, except in designated smoking areas. In 2004, the Kentucky Supreme Court ruled that the state's food and tobacco sales laws do not preempt cities and counties from enacting smoking regulations of any kind.
Louisiana

Statewide smoking ban excluding bars: On January 1, 2007, SB 742 went into effect, banning smoking in all schools, workplaces, and public places, including restaurants. The law exempts bars (food establishments where the majority of sales are derived from alcohol), private residences and automobiles except those when used as a healthcare or childcare facility, limousines under private hire, designated hotel/motel smoking rooms, retail tobacco shops, outdoor areas, private and semiprivate rooms of nursing homes occupied exclusively by smokers, casino gaming floors, workplaces of tobacco-related businesses such as manufacturers and distributors, convention and banquet facilities rented out to a private party, designated areas in nursing homes, and correctional facilities (until August 1, 2009). Local governments may regulate smoking more strictly than the state, though as of April 2009 no local government in Louisiana bans smoking in all bars and restaurants. On June 2, 2009, the Louisiana House of Representatives rejected ending the exemption for bars and casinos by a vote of 79-21.
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. 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. 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. 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.
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. 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). Local governments may regulate smoking more strictly than the state, though not less strictly.
Massachusetts

Statewide smoking ban: Effective July 1, 2004, smoking is banned in all enclosed public places and workplaces, including restaurants and bars. 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. Local governments and boards of health may regulate smoking more strictly than the state.
Michigan

Statewide smoking ban: On May 1, 2010, after being signed into law by Governor Jennifer Granholm on December 18, 2009, the Dr. Ron Davis Law took effect, banning smoking statewide in all enclosed, indoor workplaces in Michigan, as well as the outdoor patios of bars and restaurants. The law exempts only cigar bars, retail tobacco stores, private home offices, company vehicles including commercial trucks, and Detroit's three casinos' gambling floors. The 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.
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. 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. Local governments may regulate smoking more stringently than the state.
Mississippi

No statewide smoking ban. Instead, Mississippi's 2006 statewide smoking law, the Clean Indoor Air Act, prohibits smoking only inside any state or local government building (except designated areas in the state's veterans' homes) or inside any university or college classroom building. Local governments may regulate smoking more stringently than the Act.
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. Warning signs must be appropriately posted either way. Local governments may prohibit smoking in schools, child daycare facilities, and school buses, as well as in public places. 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". 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. The Supreme Court of Missouri later declined to hear an appeal from that decision.
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; the word "bar" is defined in the Act as also including taverns, night clubs, cocktail lounges, and casinos. The act exempts private residences not used as a daycare facility or healthcare facility, private motor vehicles, tobacco demonstrations in schools, designated hotel/motel smoking rooms, and Native American religious and cultural activities. Local governments are preempted from regulating smoking more stringently than the Act.
Nebraska

Statewide smoking ban: On June 1, 2009, the Nebraska Clean Indoor Air Act passed in February 2008 went into effect, banning smoking statewide in all enclosed workplaces in Nebraska, including all bars and restaurants. The Act exempts tobacco retail stores, designated hotel/motel smoking rooms, private residences, and places where scientific research about smoking is occurring. In April 2009, the Act was amended to further exempt cigar bars, as well. Local governments may regulate smoking more stringently than the Act.
Nevada

Statewide smoking ban excluding bars and casinos: 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, including all restaurants as well as bars that serve food. The Act permits smoking without limitation in areas within casinos where minors are already prohibited, stand-alone bars that do not serve food, strip clubs and brothels, retail tobacco stores, and private residences (including those that serve as an office workplace, unless used as a childcare, adult daycare, or healthcare facility). Local governments may regulate smoking more stringently than the Act, though no city or county in Nevada has chosen to do so. In 2009 Nevada partially repealed the ban to allow smoking in tobacco-related trade conventions.
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. Private clubs and religious and fraternal organizations (including bars and restaurants inside these places), hotel and motel rooms, rented halls and rooms under control of the renter, college dormitory rooms, public housing, nursing homes, areas designated by hospitals, and alcohol/drug rehabilitation facilities are exempt from smoking regulation and can allow smoking indoors freely. All other places must designate smoking and nonsmoking areas and post appropriate signs. Towns only can regulate smoking more strictly with regard to fire safety and sanitation. In 2003, the New Hampshire Supreme Court ruled that this means state law preempts towns from enacting stricter local smoking bans for health reasons.
New Jersey

Statewide smoking ban: On April 15, 2006, the New Jersey Smoke-Free Air Act went into effect, banning smoking statewide in all enclosed workplaces in New Jersey, including all bars and restaurants, strip clubs, hospitals, psychiatric facilities, as well as outside portions of school grounds. The Act exempts beaches, city parks, cigar bars, tobacco retail stores, tobacco manufacturing facilities, private residences and private automobiles, casino gaming floors, off-track betting parlors, and designated hotel/motel smoking rooms. Local governments may regulate smoking more stringently than the 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. 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. Penalties are $100 for a first violation, $200 for a second violation within 12 months and $500 for the third and subsequent violations. Local governments may regulate smoking more stringently than the Act. UNM campuses are tobacco-free as of August 2009.
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. The law exempts (1) private homes and automobiles, (2) hotel/motel rooms, (3) retail tobacco businesses, (4) private clubs, (5) cigar bars, (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. Local governments may regulate smoking more stringently than the state law.
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. The law exempts cigar bars, private clubs (including country clubs), designated hotel/motel smoking areas, and medical research facilities studying tobacco. 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.
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 which is under control of a private party renting it and children are excluded from the function, (8) separately enclosed areas in truckstops which are accessible only to adults, and (9) Native American religious and cultural rituals. The North Dakota Legislative Assembly rejected ending some of these exemptions (including the exemption for bars) in February 2007. Local governments may regulate smoking more stringently than the state.
Ohio

Statewide smoking ban: On December 7, 2006, after passage by Ohio voters on November 7, 2006, Chapter 3794 (titled "Smoking Ban") of the Ohio Revised Code went into effect, banning smoking statewide in all enclosed workplaces in Ohio, including bars and restaurants. The law exempts (1) private residences except when being used as a business when employees other than the owner are present, (2) designated hotel/motel smoking rooms, (3) family-owned and operated businesses not open to the public where all employees are related to the owner, (4) designated smoking areas in nursing homes, (5) retail tobacco stores, (6) outdoor patios, (7) private clubs with no employees. The law is enforced by the Ohio Department of Health, which began enforcement on May 3, 2007. A business may be fined up to $2,500 and individuals $100 for violation of the ban. Local governments may regulate smoking more stringently than the state.
Oklahoma

No statewide smoking ban. Instead, Oklahoma's statewide smoking law prohibits smoking in any indoor workplaces - including restaurants and hotels - unless a separate ventilation system under negative pressure is installed for ventilating the smoking area, but permits smoking without limitation in bars, private clubs, bingo halls, retail tobacco stores, small family-owned workplaces, workplaces occupied exclusively by smokers, veterans' halls, and designated employee smoking areas. The Oklahoma law expressly preempts local governments from enacting any local smoking regulations which are not exactly the same as the state law. 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. 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.
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 of the entrances, exits, or windows of such places. The Act exempts (1) private residences except when serving as a childcare or adult care facility, (2) designated hotel/motel smoking rooms, (3) spaces designated for traditional Native American religious and cultural ceremonies, (4) retail tobacco shops, and (5) cigar bars. Local governments may regulate smoking more stringently than the Act; and the Oregon Court of Appeals reiterated this in 2000.
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. 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. Local governments except Philadelphia are preempted from regulating smoking more stringently than the Act.
Rhode Island

Statewide smoking ban: On March 1, 2005, the Public Health and Workplace Safety Act went into effect, banning smoking statewide in all enclosed workplaces in Rhode Island, including bars and restaurants. The Act exempts (1) cigar bars, (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, and (7) parimutuel gaming floors. Local governments may regulate smoking more strictly than the Act, though as of April 2009 none have chosen to do so.
South Carolina

o 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, and in any such designated smoking area warning signs must be appropriately posted. The Act covers no other places. On March 31, 2008, the South Carolina Supreme Court ruled that local governments generally may regulate smoking more stringently than the Act. On September 8, 2008, the South Carolina Supreme Court ruled that the maximum fine a city or town constitutionally can impose for breaking a local smoking ban is $25. As of May 1, 2009, 26 local governments in South Carolina have enacted local smoking bans. 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.
South Dakota

Statewide smoking ban excluding bars and restaurants: South Dakota's 2002 Clean Indoor Air Act bans smoking statewide in all enclosed workplaces, except private residences, bars, restaurants with a liquor license, retail tobacco stores, hotel/motel rooms, liquor stores, and casino gaming floors. Local governments are preempted from regulating smoking.
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. 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. Local governments are preempted from regulating smoking.
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, elevators, theatres, libraries, museums, hospitals, buses, airplanes, and trains, as long as these areas are open to the general public, unless the proprietor designates the place for smoking and posts appropriate warning signs. Violation of this law is a class C misdemeanor. 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.
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, and (3) Native American religious and cultural ceremonies. Local governments are preempted from regulating smoking more stringently than the Act. Utah is one of the only 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, except in areas of owner-operated businesses with no employees that are not open to the public, although separately-ventilated designated smoking areas in businesses where employees are not required to be were exempt until July 1, 2009. Designated unenclosed smoking areas in businesses where the layout of the workplace is such that smoking would not be a physical irritation to any nonsmoking employee and three-fourths of the employees agreed were also exempt until July 1, 2009. The Vermont Veterans Home in Bennington is the only non-owner-operated workplace in the state permitted to allow smoking. 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.
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. 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, and recreational facilities. Local governments are preempted from regulating smoking more stringently than the Act. 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.
Washington

Statewide smoking ban: On December 8, 2005, after ratification by a majority of Washington voters in a statewide initiative referendum, an amendment to Washington's 1985 Clean Indoor Air Act became effective banning smoking statewide in all public places and places of employment in Washington (except 25% of hotel/motel rooms), as well as within 25 feet of doors, windows, or ventilation intakes to such places. The act exempts private enclosed workplaces and private residences except when being used to provide licensed childcare, foster care, adult care, or other similar social service care. Washington does not provide exemptions for tobacconists or businesses whose sole purpose is to provide an environment for smoking (e.g. hookah lounges, cigar bars). Local governments may regulate smoking more stringently than the act, and local health boards are authorized to enforce the act locally.
West Virginia

No statewide smoking ban. Instead, West Virginia's statewide smoking laws generally prohibit smoking in (1) public transportation vehicles where a "no smoking" sign is posted, (2) areas of public school except teacher's lounges not accessible to students (unless a local education board rules differently), (3) workplaces where a "no smoking" sign is posted, (4) areas near surface magazines for explosives used in mining, (5) mines and structures around mines, (6) nonsmoking sections in bingo halls, and (7) nonsmoking areas in nursing homes. No West Virginia law requires the designation of nonsmoking areas generally in enclosed workplaces. In 2003, the Supreme Court of Appeals of West Virginia ruled that county health boards may regulate smoking more stringently than the state, except in bingo halls and retirement homes. As of April 2009, 44 counties and one city in West Virginia have enacted local smoking bans to varying degrees. In 2008, a proposed statewide smoking ban failed in the West Virginia Legislature.
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) is scheduled to take effect, banning smoking statewide in all enclosed workplaces in Wisconsin, including all bars, restaurants, and private clubs, as well as within a "reasonable distance" outdoors from any such place, except in bar/restaurant outdoor patios. The Act will exempt only cigar bars, retail tobacco stores, private residences, designated hotel/motel smoking rooms, and rooms in nursing homes in which the occupants agree to allow smoking; 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.
Wyoming

No statewide smoking ban. Instead, Wyoming state law only prohibits smoking where it could cause an explosion and in underground mines. Wyoming has no state laws concerning indoor smoking in general, and thus local governments can regulate general indoor smoking as they see fit. As of April 2009, five cities in Wyoming have enacted local smoking bans, all covering all bars and restaurants, but varying otherwise. In February 2009, a bill before the Wyoming Legislature which 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.