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Public Place Smoking Bans in States, 2008

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 Does the state have a public place smoking ban?If yes, are any bars and restaurants exempt from the ban?Are localities allowed to set more restrictive standards?
United States35+ DC Yes31+DC Yes18 Yes
AlabamaYesYes, bars, lounges, retail tobacco stores, and tobacco businessesYes
AlaskaYesYes, all bars and restaurants with a seating capacity of under 50 persons Not stated
ArizonaYes Yes, retail tobacco stores that are physically separated and independently ventilatedYes
ArkansasYesYes, all restaurants and bars licensed by the State of Arkansas that prohibit at all times all persons less than twenty-one (21) years of age from entering the premises if secondhand smoke does not infiltrate into areas in which smoking is prohibited under this subchapterNot stated
CaliforniaYesNoNot stated
ColoradoYesYes, cigar-tobacco bars, airport smoking concession, casinosYes
ConnecticutYesYes, tobacco bars and casinos.Not stated
DelawareYesNoNot stated
District of ColumbiaYesYes, tobacco bars and outdoor areas of restaurants, taverns, clubs, brew pubs, or nightclubsN/A
FloridaYesYes, stand-alone bars1No
GeorgiaYesYes, outdoor areas of places of employment, bars and restaurants to which access is denied to any person under the age of 18 and that do not employ any individual under the age of 18Not stated
HawaiiYesNoYes
IdahoYesYes, barsYes
IllinoisYesYes, bowling establishments and places whose primary business is the sale of alcoholic beverages for consumption on the premises Yes
IndianaNo Yes
IowaNo Not stated
KansasNo Yes
KentuckyNo Not stated
LouisianaYesYes, bars, casinos, and outdoor patiosYes
MaineYesYes, race tracksNot stated
MarylandYesYes, retail tobacco stores, tobacco manufacturers, importers or wholesalers.Yes, except for Charles and St Mary's counties
MassachusettsYesYes, smoking bars 2Yes
MichiganNo Not stated
MinnesotaYesYes, tobacco products shops.Not stated
MississippiNo Not stated
MissouriNo Yes
MontanaYesYes, until September 30, 2009, bars, provided that smoke from the bar does not infiltrate into areas where smoking is prohibited under this sectionNo
NebraskaNo Not stated
NevadaYesYes, areas within casinos where loitering by minors is already prohibited by state law, stand-alone bars, taverns and saloons, and strip clubs Yes
New HampshireYesYes, social or fraternal organizations not open to the public.Not stated
New JerseyYesYes, cigar bars and casinosYes
New MexicoYesYes, retail tobacco store, cigar bar, tobacco manufacturer, state licensed gaming facility, casino or bingo parlor.Yes
New YorkYesYes, cigar bars and outdoor dining areas of food service establishments Not stated
North CarolinaNo Allows local governments to prohibit smoking in buildings they own lease or occupy.
North DakotaYesYes, bars and outdoor areasYes
OhioYesYes, outdoor patiosNot stated
OklahomaYesYes, stand-alone bars, stand-alone taverns, gaming areas, and outdoor seating areas of restaurants Not stated
OregonYesYes, bars and restaurants that are posted as off-limits to minorsNo
PennsylvaniaNo No
Rhode IslandYesYes, Some gambling facilities, smoking bars, stand-alone bars, stand-alone taverns, gaming areas Not stated
South CarolinaNo Not stated
South DakotaYesYes, bars and restaurants licensed to sell alcohol and places of gamingNot stated
TennesseeYesYes, age restricted venues, tobacco shops, private clubs.Not stated
TexasNo Not stated
UtahYesYes, taverns, and until 1/1/2009, class B fraternal organizations if no children are present.Yes
VermontYesNoYes
VirginiaNo No
WashingtonYesYes, smoking clubsNot stated
West VirginiaNo Not stated
WisconsinYesYes, restaurants that seat less than 50 or hold a class B liquor permit, if the sale of liquor or fermented malt beverages is 50% or more of sales receipts.Yes
WyomingNo Not stated
GuamYesYes, bars and restaurantsNot stated
Puerto RicoYesYes, bars and restaurantsNot stated
Virgin IslandsNo Not stated
(show/hide notes)
Notes: 

Data as of February 29, 2008. U.S. totals do not include U.S. territories.

Sources: 

Health Policy Tracking Service, a service of Thomson West at www.netscan.com

Footnotes: 
  1. Smoking bar means an establishment that occupies exclusively an enclosed indoor space and that primarily is engaged in the retail sale of tobacco products for consumption by consumers on the premises; derives revenue from the sale of food, alcohol and other beverages that is incidental to the sale of the tobacco products; and prohibits entry to persons under 18 years of age.
  2. Smoking bar means an establishment that occupies exclusively an enclosed indoor space and that primarily is engaged in the retail sale of tobacco products for consumption by consumers on the premises; derives revenue from the sale of food, alcohol and other beverages that is incidental to the sale of the tobacco products; and prohibits entry to persons under 18 years of age.



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