Can a restaurant or a bar have smoking on an outdoor patio or deck?
Smoking is allowed in an outdoor space if the outdoor space is:
- Physically separated from the enclosed work space
- Open to the air at all times
- Smoke does not migrate back into the work space (e.g. through a door or window). Any smoke that migrates back into the work space is considered a violation of the law.

Some municipalities may have local laws that are stricter then the state law. For more information, contact your local Board of Health or
Health Department.

Show All Answers

1. Can a restaurant or a bar have smoking on an outdoor patio or deck?
2. What if the outdoor space has a ceiling?
3. What if the outdoor space has walls and no ceiling?
4. Are there any additional conditions I need to meet before constructing or renovating an outdoor space for smoking?
5. Is this the only law regarding smoking?
6. When is a membership association considered open to the public and required to be smoke-free?
7. When may smoking be permitted at private clubs or membership associations?
8. Can full members of the membership association smoke while the facility is open to the public?