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 Pennsylvania, the Clean Indoor Air Act (Act 27 of 2008) prohibits smoking in most enclosed workplaces and public places, including restaurants and bars. However, the law does allow for some exceptions, such as drinking establishments where food accounts for 20% or less of sales, private clubs, tobacco shops, and full-service truck stops. Local governments in Pennsylvania have the authority to enact their own smoking regulations, and some have implemented stricter bans that extend to outdoor areas and other public spaces. Violations of the Clean Indoor Air Act and local smoking ordinances can result in fines and penalties. For instance, individuals who violate the state smoking ban may face fines ranging from $250 for a first offense to $1,000 for subsequent offenses. Businesses that fail to comply with the law may also face fines and can be required to pay penalties that increase with repeated violations.