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 New Jersey, the Smoke-Free Air Act, which took effect on April 15, 2006, prohibits smoking in almost all indoor public places and workplaces, including restaurants and bars. The law aims to protect the public from the health hazards of secondhand smoke. There are a few exceptions to the ban, such as cigar bars, tobacco shops, and private clubs, provided they register with the state and meet certain criteria. Additionally, some municipalities in New Jersey have enacted their own ordinances that may further restrict smoking in outdoor public spaces, such as parks, beaches, and pedestrian plazas. Violations of the state's smoking ban can result in fines and penalties. For instance, individuals who smoke in prohibited areas may face fines ranging from $250 for a first offense to $1,000 for subsequent offenses. Establishments that fail to enforce the smoking ban may also face fines.