LegalFix
Select your state

Restaurants

smoking laws

Many states have passed statewide bans on smoking in enclosed public places, including restaurants and bars. Other states have enacted statewide smoking bans that include exceptions for certain businesses and workplaces—such as cigar bars, tobacco shops, and private clubs.

Some cities and towns have enacted ordinances (laws) that restrict smoking in restaurants and bars—and some cities and towns extend public smoking bans outdoors to sidewalks, apartment complexes, and other public spaces where nonsmokers may congregate, for example.

Violations of these smoking bans may be prosecuted as misdemeanor criminal offenses and include hundreds of dollars of potential fines.

In Texas, there is no statewide smoking ban in all enclosed public places, including restaurants and bars. However, Texas law does prohibit smoking in public schools, elevators, theatres, libraries, museums, hospitals, buses, and planes unless a smoking area is designated. Many cities and towns in Texas have enacted their own local ordinances that are more restrictive than state law. For example, cities like Austin, Dallas, Houston, and San Antonio have ordinances that ban smoking in most public places and workplaces, including restaurants and bars. These local ordinances may also extend to outdoor areas such as sidewalks and public parks. Violations of local smoking ordinances can result in fines and are typically treated as misdemeanor offenses. It's important to check the specific regulations of the city or town in Texas for precise information on smoking restrictions.


Legal articles related to this topic

What Kind of Establishments Allow Indoor Smoking?
Recently, regulations and smoking bans have appeared on both state and federal levels. So now, what kind of establishments still allow indoor smoking?