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 Arizona, the Smoke-Free Arizona Act (A.R.S. §§ 36-601.01) prohibits smoking in most enclosed public places and places of employment, including restaurants and bars. The law was enacted to protect the public from the harmful effects of secondhand smoke. There are a few exceptions to the ban, such as private residences, retail tobacco stores, private clubs, and certain outdoor patios. Arizona cities and towns may have additional ordinances that further restrict smoking in public areas, potentially extending to outdoor spaces like sidewalks and common areas in apartment complexes. Violations of the Smoke-Free Arizona Act can result in fines for individuals and businesses. For individuals, fines can range from $50 to $500, while businesses can face fines from $100 to $500 for each violation, with the possibility of increasing penalties for subsequent violations. Enforcement of the law is carried out by the Arizona Department of Health Services and local health departments, and individuals can report violations through a statewide hotline or website.