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 Massachusetts, the Smoke-Free Workplace Law, which took effect in July 2004, bans smoking in all enclosed workplaces, including restaurants and bars, to protect employees and the public from secondhand smoke. There are a few exceptions to this rule, such as private clubs and certain tobacco shops, where smoking may still be permitted under specific conditions. Additionally, many cities and towns in Massachusetts have enacted their own local ordinances that may further restrict smoking in public areas. These local regulations can extend smoking bans to outdoor spaces like sidewalks, parks, and near building entrances. Violations of the state's smoking ban and local ordinances can result in fines and are treated as misdemeanor offenses. The fines for individuals and businesses that violate the smoking ban can range from $100 to $300 per violation, and repeated violations can lead to higher penalties or legal action.