Smoking Across Borders
Smoking Policies in the 20 Most Populous Cities in the US

By Nyla Kapur

1. New York City, N.Y.

Under the 1995 Smoke Free Air Act, smoking is allowed in New York City bars and restaurants that have separate ventilated rooms. Restaurants with less than 36 seats are exempt from any smoking restrictions. Patrons who violate the law are liable for a penalty of $100.

Amendments & Imminent Changes: In August 2002, the 2002 Smoke-Free Air Act was proposed. The bill is currently under motion, and is aimed at expanding the existing smoking law by prohibiting smoking in all restaurants, bars, clubs, billiard halls, bingo parlors, and bowling alleys. Patrons who violate the law will be liable for a penalty of $200.

For more information on New York City's tobacco control program please visit the New York City Coalition For A Smoke Free City website:

http://www.nycsmokefree.org/index.asp

2. Los Angeles, Calif.

Under the California Smoke-free Workplace Act of 1994, smoking has been banned in Los Angeles in most public venues, including all restaurants, offices and other enclosed work places since January 1, 1995. The smoking ban was extended to all bars, nightclubs, gaming clubs and casinos in January 1998. The only exemptions are casinos and bars on Indian reservations and owner-operated businesses with no employees. Patrons who violate the law are liable for a penalty of $81 for the first time, $162 the second and $324 for a third offence.

Amendments & Imminent Changes: In August 2002, the legislature passed a law banning smoking within 25 feet of children's play areas in all public parks. Violators of the law are liable for fines ranging from $100 to $250. Currently, a bill to change the legal age for smoking from 18 years to 21 years is under motion.

For more information on Los Angeles' tobacco control program please visit the Los Angeles County Department of Health Services website:

http://lapublichealth.org/tob/index.htm

3. Chicago, Ill.

Under the Illinois Clean Indoor Air Act (ICIAA) of 1990, smoking is prohibited in Chicago in all enclosed public and work places, except for specifically designated areas. Currently, all restaurants are required to set aside a certain percentage of tables in designated no-smoking areas depending upon classification. Category I establishments must set aside a minimum of 30 percent of their dining area as non-smoking and Category II restaurants must reserve at least 50 percent of their tables for non-smokers. The state law contains preemptive language that prohibits units of local government from adopting stricter measures of tobacco control.

Amendments & Imminent Changes: A bill is currently in motion to expand Chicago's smoke-free workplace law to cover all workplaces, including restaurants and bars.

For more information on Chicago's tobacco control program please visit the Illinois Coalition Against Tobacco website:

http://www.ilcat.org/

4. Houston, Tex.

The 1986 Tobacco Control Ordinance prohibits smoking in all enclosed public areas, except those designated for smoking in the largest city in Texas. All freestanding bars, restaurant bars and restaurants with seating for less than 50 people are exempt from any smoking restrictions. Larger restaurants are required to designate non-smoking and smoking areas that may be enclosed or separated. Most workplaces are required to have designated smoking areas. In 1994, minor amendments were made to the previous law, requiring that restaurants place signs at the entrance to any smoking area and have smoking or non-smoking signs on their tables. It is also required that patrons be asked which section they prefer, and that the smoking sections be equipped with ashtrays.

Amendments & Imminent changes: In August 2002 further amendments were made to the smoking ordinance, prohibiting smoking in all tenant spaces, unless a separate fresh air intake/exhaust system was installed for that space. Smoking is legal outside of buildings provided smokers remain at least 25 feet away from any building entrances, or are in an "exception area" that is either outside the building or, if enclosed, with a separate fresh air intake/exhaust system that is marked with a clearly posted sign.

For more information on Houston' tobacco control program please visit the City of Houston Health Department of Health and Human Services website:

http://www.ci.houston.tx.us/departme/health/smokingpage.html

5. Philadelphia, Pa.

Under the Pennsylvania Clean Indoor Air Act of 1998, smoking is prohibited in Philadelphia in all enclosed public places, unless they are designated as smoking areas. Restaurants with over 75 seats are required to provide both smoking and non-smoking sections, and designate the smoking section by placing signs that clearly demarcate the area. Restaurants with seats fewer than 75 seats can choose not to have a nonsmoking area, however, the patrons of the restaurant must be notified upon entering the premise. Violators of the law are liable for a penalty of $50.

Amendments & Imminent Changes: In July 2002, a Law imposing stricter penalties for the sale of tobacco to minors was passed. The new law also contains preemptive language that prohibits local communities from passing stricter anti-smoking laws.

For more information on Philadelphia's tobacco control program please visit the Coalition for a Tobacco Free Pennsylvania website:

http://www.tobaccofreepa.org/

6. Phoenix, Ariz.

In Phoenix, under the 1996 Tobacco Control Ordinance, smoking is prohibited in all enclosed public places except those specifically designated for smoking. Businesses must have a written smoking policy addressing concerns of both smokers and nonsmokers in the workplace. Smoking is allowed in all bars, pool halls, bowling centers, hotel and motel rooms, private clubs and recreation facilities, subject to owner's approval. Those restaurants that choose not to have a nonsmoking section must post a notice at each entranceway, clearly outlining the lack of such an area. Violators of this law are liable for a fine of $100.

Amendments & Imminent Changes: A statewide smoking ban prohibiting smoking from all enclosed public places including bars and restaurants is currently under consideration.

For more information on Phoenix' tobacco control program please visit the Arizona Department of Health Services Tobacco Education and Prevention Program website:

http://www.tepp.org/

7. San Diego, Calif.

Under the California Smoke-free Workplace Act of 1994, the city of San Diego banned smoking in most public venues including all restaurants, offices and other enclosed work places since January 1995. The smoking ban was extended to all bars, nightclubs, gaming clubs and casinos in January 1998. The only exemptions are casinos and bars on Indian reservations and owner-operated businesses with no employees. Patrons who violate the law are liable for a penalty of $81 for the first time, $162 the second and $324 for a third offence.

Amendments & Imminent Changes: In August 2002, a law banning smoking within 25 feet of children's play areas in all public parks was passed. Violators of the law are liable for fines ranging from $100 to $250.

For more information on San Diego's tobacco control program please visit the American Lung Association of San Diego and Imperial Counties website:

http://www.lungsandiego.org/tobacco/index.asp

8. Dallas, Tex.

The second largest city in Texas, Dallas is currently under the 1986 Tobacco Control Ordinance that prohibits smoking in all enclosed public areas, excluding those designated as exception areas. Exempt areas are spaces such as are freestanding bars, restaurant bars and restaurants with seating for less than 50 people. Larger restaurants are required to have clearly designated smoking areas, although a ventilation system to keep the smoke out of the nonsmoking area is not mandatory. The smoking area doesn't have to be enclosed, but it must be separated from the non-smoking area by 4 feet of floor space.

Amendments & Imminent Changes: In October 2002, a fourth attempt to amend the 1985 law was implemented. The current legislation proposed by the City Council aims to ban smoking in all restaurants. The matter of whether or not to ban smoking in all freestanding bars is still under debate. The committee's recommendation goes beyond a proposal made in August by the city's Environmental Health Commission, which called for existing restaurants to have separate ventilation systems for smoking and nonsmoking areas within five years.

For more information on Dallas' tobacco control program please visit the American Lung Association of Texas website:

http://207.200.4.8/texaslung/DallasFortWorthRegion/DallasRegion.htm

9. San Antonio, Tex.

Under the 1986 Tobacco Control Ordinance, smoking is prohibited in all public and work places in San Antonio, except for designated smoking areas. Restaurants with less than 50 seats are exempt from smoking restrictions, and can be smoking and/or non-smoking at the owner's discretion. Restaurants with over 50 seats are required to allocate at least 70 percent of their seating area for nonsmoking. All smoking areas are required to have signs clearly placed at each entranceway. Smoking is allowed outdoors, but it must be at least 25 feet away from all building entrances.

Amendments & Imminent Changes: In 1997 a failed attempt was made to ban smoking in restaurants lacking separate ventilation system for smoking areas. Included in this proposal was also a motion to ban smoking in all workplaces, including restaurants and bars.

For more information on San Antonio's tobacco control program please visit the Smoke Free San Antonio website:
http://www.smokefreesa.org/index.html

10. Detroit, Mich.

Under the 1998 Michigan Clean Indoor Air Act, smoking is prohibited in Detroit in all enclosed public places, unless the area is specifically designated for smoking. Restaurants with more than 50 seats are required to designate at least 50 percent of the seats for non-smokers. Eateries with fewer than 50 seats have to set aside at least 25 percent for nonsmokers. Minors are not allowed into any establishment that has a smoking section. All freestanding bars are exempt from smoking restrictions. State law prohibits municipalities from further restricting or banning smoking in food-service establishments.

Amendments & Imminent Changes: In December 1998, a failed attempt was made to ban smoking in all public buildings and workplaces. A modification was later made to the bill, requiring that at least 75 percent of seats in restaurants, 50 percent in bars and 25 percent in casinos to be smoke-free, however, this proposal was rejected. The proposed ordinance would have required that violators be liable for fines of up to $ 50 for a first offense and $100 for subsequent offences.

For more information on Detroit's tobacco control program please visit the SmokeFree Michigan website:

http://www.smokefreemichigan.org/index.html

11. San Jose, Calif.

Under the San Jose 1993 Clean Indoor Air Act, smoking is prohibited in all public places including all restaurants, workplaces, apartment common areas, and stadiums. Smoking is only allowed in bars that are physically separated from restaurants, nightclubs, private homes and some motel rooms.

Amendments & Imminent Changes: Under the California Smoke-free Workplace Act of 1994, the smoking ban was extended to all bars, nightclubs, gaming clubs and casinos in January 1998. The only exemptions are for casinos and bars on Indian reservations and owner-operated businesses with no employees. Patrons who violate the law are liable for a penalty of $81 for the first time, $162 the second and $324 for a third offence.

For more information on San Jose's tobacco control program please visit The American Lung Association of Santa Clara-San Benito Counties website:

http://www.lungusa.org/santaclara_sanbenito/

12. Indianapolis, Ind.

Under the 1998 restaurant anti-smoking ordinance, smoking is prohibited in Indianapolis in all enclosed public and work places, except in designated areas with separate ventilation systems. Smoking is allowed in restaurants only if there is a complete separation of smoking and non-smoking areas. All restaurants with bars are required to abide by this ordinance. Only freestanding bars are exempt from this law.

Amendments & Imminent Changes: No changes to the ordinance have been proposed since 1998.

For more information on Indianapolis' tobacco control program please visit the SmokeFree Indiana website:

http://www.smokefreeindiana.org/main.html

13. San Francisco, Calif.

Under the California Smoke-free Workplace Act of 1994, smoking has been banned in San Francisco in most public venues including all restaurants, offices, and other enclosed work places since January 1, 1995. The smoking ban was extended to all bars, nightclubs, gaming clubs and casinos in January 1997. The only exemptions are casinos and bars on Indian reservations and owner-operated businesses with no employees. Patrons who violate the law are liable for a penalty of $81 for the first time, $162 the second and $324 for the third offence.

Amendments & Imminent Changes: In June 1998, smoking was banned in selected public parks and recreation centers. Golden Gate Park and other large parks are not included in the ban. The 29 parks where smoking is prohibited -- such as North Beach Playground, West Portal Playground and Alioto Park in the Mission District -- are small parks mainly used by children. In April1999, the penalty for violators of the workplace ban was changed to $77 for the first offence, $136 for the second, and $ 271 for the third violation within a year. In April 1999, a plan requiring businesses to place ashtrays outside their premises was approved in order to prevent the littering of streets with cigarette and cigar butts.

For more information on San Francisco's tobacco control program please visit the San Francisco Tobacco Free project website:

http://sftfc.globalink.org/

14. Jacksonville, Fla.

Under the Florida Clean Indoor Air Act of 1985, smoking in Jacksonville is prohibited in all enclosed public and work places, except in designated smoking areas. Smoking is banned in all restaurants with more than 50 seats, however, if the customers do not demand a nonsmoking sections, smoking can be permitted in the entire restaurant at the owner's discretion. Violators of the law are liable for a fine of a $100 for the first offense and $500 for each subsequent violation.
Amendments & Imminent Changes: In October 2002, a constitutional amendment to prohibit smoking in all enclosed work places including all restaurants was proposed. Under this amendment smoking will only be permitted in freestanding bars. The proposal is yet to undergo legislation.

For more information on Jacksonville's tobacco control program please visit the Smoke Free Jacksonville website:

http://www.smokefreejacksonville.com/tobacco_news.html#local

15. Columbus, Ohio

In December 1993, The Board of Health in Columbus passed a smoking ordinance that banned smoking in nearly all enclosed public places including retail stores, theaters, bowling alleys, bingo parlors, and airports starting July 1, 1994. Under this ordinance smoking in restaurants was to phase out over a 2-year period, while all freestanding bars were exempt from the regulation.

Amendments & Imminent Changes: In 1994 a lawsuit was filed against the Franklin County Board of Health to stop the implementation of the regulations. The regulation was rendered void in a trial by the Ohio Environmental Court, on the premise that that the Board of Health did not have the jurisdiction to institute this type of policy and that the policy was an unconstitutional infringement on free commerce. Since the ruling, there has been deliberation, but no attempt to introduce another proposal to end smoking in most public places in Columbus and other cities of Franklin County.

For more information on Columbus' tobacco control program please visit the Tobacco-Free Ohio website:

http://www.tobaccofreeohio.org/LocalUpdate.cfm?R=CO

16. Austin, Tex.

Under the restaurant smoking restrictions passed in 1994, smoking is prohibited in all enclosed public and work places in Austin, except for designated smoking areas that must have separate ventilation and air filtration systems. The ordinance requires that restaurants be 100 percent smoke-free from 6 am-2pm. From 2pm-6am, there is limited smoking allowed only if there is an enclosed and separately ventilated smoking room. Stand-alone bars must designate at least 25 percent of their seating as nonsmoking, and limited smoking is allowed from 2pm-10pm only if the bar has a separate ventilation and air filtration system. After 10pm a bar can allow smoking freely. Smoking is also prohibited within 15 feet of all entrances to public buildings.

Amendments & Imminent Changes: Since 1998, many restaurants have decided to forgo the time restrictions and simply go 100% smoke-free, thereby earning Austin a reputation for having a much stricter smoking ordinance than it actually does. In November 2002 a resolution was made to propose an ordinance by early 2003 to ban smoking completely in all public spaces.

For more information on Austin's tobacco control program please visit the American Lung Association of Texas website:

http://www.texaslung.org/CentralRegion/CentralRegion.htm

17. Baltimore, Md.

Under the 1995 Maryland Occupational Safety and Health Act (MOSH) smoking is prohibited in Baltimore in most indoor workplaces unless confined to an enclosed and separately ventilated smoking room. Restaurants with liquor licenses are allowed to have smoking areas next to the bar area, or in a separately enclosed room, provided that this area not exceed 40 percent of the total area of the restaurant. Restaurants without liquor licenses can permit smoking only in a separately enclosed space that does not exceed 40 percent of the restaurants total area. Freestanding bars are exempt from all smoking restrictions.

Amendments & Imminent Changes: No changes to the ordinance have been proposed since 1995.

For more information on Baltimore's tobacco control program please visit the Smoke Free Maryland Coalition website:

http://www.smokefreemd.org/

18. Memphis, Tenn.

Under the Memphis Code of Ordinances smoking is prohibited in most public places in Memphis, except for designated smoking areas. Smoking is permitted in all hospitality venues as long as the establishment provides a nonsmoking area that adequately meets the demands of its patrons. The law requires that the restaurant inform all patrons about the availability of a nonsmoking area, and that patrons be seated in such an area, should they desire to do so. At the owner's discretion, an entire restaurant may be designated as nonsmoking.

Amendments & Imminent Changes: No changes to the ordinance have been proposed to date.

For more information on Memphis' tobacco control program please visit the Memphis Anti- Tobacco Coalition: Health Education on Smoking website:

http://cch.memphis.edu/matches/

19. Milwaukee, Wis.

Under the 1983 Clean Indoor Air Act, smoking is prohibited in Milwaukee in all enclosed public places, except in areas where a designated smoking area has been established. Smoking is barred in all restaurants that do not hold a liquor license. Smoking is permitted in all restaurants and bars holding a "Class B" liquor licenses, i.e., the establishment earns at least 50 percent of its income from the sale of alcohol. Smoking is also allowed in all areas that have been designated as smoking areas and in offices or rooms where the main occupants are smokers, even if non-smokers are periodically present. Violators of the law are liable for a fine of $10.

Amendments & Imminent Changes: In December 1993, smoking was banned in all county-owned buildings except for park buildings rented out for events and rooms in county buildings that have federally approved ventilating systems. Buildings not affected by the ban include the Milwaukee County Jail, the House of Correction, and the work-release facility. Violators of the ban get a first time warning, after which they are liable for a fine of at least $25.

For more information on Milwaukee's tobacco control program please visit the Tobacco Control Resource Center for Wisconsin website:

http://www.wtcb.state.wi.us/

20. Boston, Mass.

Under a health regulation passed in 1998 by the Boston Public Health Commission, smoking is prohibited in Boston in the eating areas of all restaurants, regardless of size. Smoking is only permitted in private assembly rooms or the bar area of restaurants, provided that they are partitioned from all eating areas or are at least 6 feet away from the nonsmoking sections. The bar area of a restaurant cannot exceed 33% of the seating capacity. All freestanding bars are exempt from this ordinance.

Amendments & Imminent Changes: In October 2002, a new workplace act was proposed, which, if passed, would ban smoking in all indoor locations where workers are employed.

For more information on Boston's tobacco control program please visit the Boston Area Tobacco Control Coalition website:

http://www.smokefreecommunity.org/index.html

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