What States Still Allow Smoking in Restaurants?

If you’re wondering what states still allow smoking in restaurants, roughly 15 states have no statewide law banning it, which leaves the decision to local governments or individual restaurant owners. Another handful of states ban smoking in restaurants but carve out exemptions for bars, private clubs, or gaming venues. The remaining 28 states, along with D.C., Puerto Rico, the U.S. Virgin Islands, and American Samoa, prohibit smoking in all enclosed restaurants, bars, and workplaces.1Centers for Disease Control and Prevention. STATE System Smokefree Indoor Air Fact Sheet

The States Without a Statewide Restaurant Smoking Ban

These states do not have a statewide law prohibiting smoking in all restaurants. Local ordinances and individual restaurant policies fill most of the gap, so indoor smoking is far less common than the legal picture suggests.

  • Alabama. No statewide ban. Some restaurants offer designated smoking areas.
  • Alaska. A statewide law exists, but municipalities can opt out through voter referendum, so coverage is uneven.
  • Arkansas. No comprehensive statewide restaurant ban.
  • Georgia. No statewide restaurant ban. Several cities have passed local smoke-free ordinances.
  • Idaho. Only partial restrictions at the state level.
  • Kentucky. Smoking is allowed in restaurants and bars that restrict entry to adults 18 and older and do not employ minors.
  • Mississippi. No statewide restaurant ban.
  • Missouri. No statewide restaurant ban.
  • Oklahoma. No comprehensive statewide ban.
  • South Carolina. No statewide restaurant ban.
  • Tennessee. Only partial restrictions. Non-age-restricted restaurants in some categories are covered, but significant gaps remain.
  • Texas. No statewide ban. Major cities including Austin, Houston, Dallas, and San Antonio have enacted their own ordinances.
  • Virginia. No comprehensive statewide restaurant ban.
  • West Virginia. No statewide provision restricting smoking in restaurants.
  • Wyoming. No statewide restaurant ban.

What this looks like in practice depends heavily on where you are inside the state. In Texas, almost every large city has gone smoke-free by ordinance, so finding a restaurant that permits indoor smoking in an urban area is rare. In Mississippi or West Virginia, where city-level ordinances are less common, you’re more likely to run into it.

States That Ban Restaurants but Allow Bars or Casinos

Several states aren’t on the list above because they do ban restaurant smoking, but they still allow it in bars, gaming floors, or similar venues. A sit-down restaurant in these states will almost always be smoke-free. The exceptions tend to kick in once the venue is more bar than restaurant.

  • Florida. Bans smoking in enclosed indoor workplaces, including restaurants, but exempts standalone bars that do not serve food.
  • Indiana. Prohibits smoking in restaurants and most workplaces but exempts bars, taverns, cigar bars, hookah lounges, and licensed gaming facilities.
  • Louisiana. Bans smoking in restaurants and most public places but exempts bars and designated gaming areas at casinos and video poker facilities.
  • Nevada. Bans smoking in restaurants but allows it in bars and casino gaming floors.
  • New Hampshire. Bans smoking in restaurants and bars but allows designated smoking areas in small-business employee break rooms.
  • North Carolina. Bans smoking in the enclosed areas of nearly all restaurants and bars but exempts qualifying cigar bars and nonprofit private clubs that meet strict criteria.
  • Pennsylvania. Bans smoking in most restaurants but exempts drinking establishments where food accounts for 20 percent or less of total annual sales.

Why “Allowed” Doesn’t Mean “Common”

Saying a state allows restaurant smoking can be misleading. Consumer demand has pushed most sit-down restaurants toward smoke-free policies regardless of what state law permits, and chains and franchises almost universally prohibit smoking across all locations. The holdouts tend to be independently owned bars that also serve food, small-town diners, and venues tied to gaming or tobacco sales.

Local ordinances also do a lot of the work the state legislature hasn’t done. Most of the “no statewide ban” states contain cities or counties that have passed their own smoke-free rules, which is why urban dining in Texas or Georgia looks nothing like the state law suggests.

When Cities Can’t Pass Their Own Rules

Not every city is free to go smoke-free on its own. Twelve states have preemption provisions that block local governments from passing smoking restrictions stricter than the state’s, in at least some settings such as restaurants, bars, or workplaces.2Centers for Disease Control and Prevention. STATE System Preemption Fact Sheet

This matters most in states that have no statewide restaurant ban to begin with. Oklahoma and Virginia both lack a comprehensive state ban and have preemption provisions limiting local action, which leaves residents with fewer protections than in states where cities can act independently. Preemption also appears in some comprehensive-ban states like Connecticut and Michigan, but there the state ban already covers restaurants, so the practical effect on diners is minimal.

Exemptions You May Still Run Into

Even in states with strong smoke-free laws, certain carve-outs show up repeatedly.

  • Outdoor patios and dining areas. Most states that ban indoor smoking still allow it in unenclosed outdoor spaces. Local ordinances often require smokers to stay a set distance from entrances and operable windows, with buffer zones commonly ranging from 10 to 25 feet.
  • Cigar bars and tobacco retail shops. Businesses whose primary revenue comes from tobacco products are frequently exempt, usually subject to specific revenue thresholds and adult-only entry.
  • Private membership clubs. Nonprofit fraternal organizations, veterans’ clubs, and country clubs often qualify, particularly where access is restricted to dues-paying members and their guests.
  • Casinos and gaming facilities. Several states exempt licensed gaming floors while requiring the rest of the casino property, including its restaurants, to be smoke-free.
  • Tribal casinos. Tribal nations operate under their own sovereignty, so state smoking laws generally do not apply on tribal land. Restaurants inside tribal casinos may permit smoking even in states that ban it everywhere else.

Vaping Is a Separate Question

A restaurant’s smoke-free status does not automatically cover e-cigarettes. As of January 2026, 28 states and territories have laws restricting e-cigarette use in venues that are already 100 percent smoke-free.3American Nonsmokers’ Rights Foundation. Overview List – Number of Smokefree and Other Tobacco-Related Laws Another 15 states restrict vaping only in limited settings like school property or public housing, leaving restaurants unaddressed at the state level. Where state law is silent, the restaurant sets the rule, and most treat vaping the same as smoking.

How to Check Before You Go

With this many layers of law, calling ahead or checking a restaurant’s website is the fastest way to know for sure. On arrival, look for posted signage near the entrance. Smoke-free establishments in states with bans are typically required to display “No Smoking” signs.

If you encounter a violation of a state or local smoke-free law, complaints are usually handled by the local or state health department, and in some cases by the business licensing authority. Fines for businesses that fail to enforce the law vary by jurisdiction but commonly range from a few hundred dollars for a first offense to over a thousand for repeat violations, with license suspension possible in severe cases.