Roughly half the country still permits smoking in bars in some form. The states that allow smoking in bars fall into three groups: states with no statewide bar smoking restriction at all, states whose clean indoor air laws specifically exempt bars, and states that allow smoking only when a bar meets defined conditions like age limits or revenue thresholds. No state has passed a new comprehensive smokefree law since California closed its remaining exemptions in 2016, so the map has been essentially frozen for nearly a decade.
States With No Statewide Rule on Bar Smoking
A handful of states have never enacted a statewide law addressing smoking in bars. Kentucky leaves regulation entirely to local governments. Texas and Wyoming likewise have no statewide provision restricting bar smoking. In these states, whether you can light up depends on the city or county ordinance where the bar operates, and on whatever policy the owner has set.
States That Exempt Bars From Their Smoking Bans
Several states passed clean indoor air laws that carve bars out of the prohibition. Alabama’s law bans smoking in public places but lists bars and lounges as exempt, along with retail tobacco stores and private hotel rooms designated for smoking.1Alabama Legislature. Alabama Code 22-15A-4 – Prohibition Against Smoking in Public Places; Exceptions Idaho takes a similar approach, exempting bars entirely along with fraternal and religious organizations hosting private functions.2Idaho State Legislature. Idaho Code 39-5503 – Prohibitions – Exceptions Louisiana bans smoking in public buildings and enclosed workplaces but exempts bars as a standalone category, plus designated smoking areas in gaming facilities.3Louisiana State Legislature. Louisiana Clean Indoor Air Act
Arkansas, Georgia, Mississippi, Missouri, Oklahoma, South Carolina, and Virginia sit at various points along this range, some allowing designated smoking areas and others imposing few or no restrictions on bar smoking. Local ordinances often fill in the gaps, so the on-the-ground experience varies widely by city.
States That Allow Bar Smoking Only Under Specific Conditions
Other states take a middle path. Smoking in bars is permitted, but only if the establishment meets defined criteria involving age restrictions, revenue mix, or physical separation from nonsmoking areas.
Nevada. Smoking is allowed in bars that restrict entry to patrons 21 and older and do not employ anyone under 18.4Nevada Legislature. Nevada SB201
Pennsylvania. Drinking establishments where food sales account for less than 20% of total revenue can apply for a smoking exemption. The bar must ban entry to anyone under 18 and post signage at all entrances indicating that smoking is permitted.5Pennsylvania Liquor Control Board. Pennsylvania Clean Indoor Air Act Overview for PLCB Licensees
Indiana. Regular bars are covered by the state’s smoking ban, but private clubs and fraternal organizations can allow smoking in a separately ventilated room restricted to members, their guests, and patrons 21 and older.6Indiana General Assembly. Indiana Code 7.1-5-12-5 – Exceptions to Smoking Ban
Alaska. A statewide law technically bans smoking in bars, but individual municipalities can opt out through a voter referendum, so the actual rules vary from town to town.7KFF. State Smoking Restrictions for Worksites, Restaurants, and Bars
West Virginia. Smoking is permitted in privately owned businesses that are not open to the general public, and small businesses with fewer than five employees can designate smoking areas in employee break rooms.7KFF. State Smoking Restrictions for Worksites, Restaurants, and Bars
Specialty Venues That Can Allow Smoking Even in Ban States
Even in the 28 states (plus the District of Columbia) with comprehensive smokefree laws covering workplaces, restaurants, and bars, several categories of establishment frequently qualify for carve-outs.8Centers for Disease Control and Prevention. State and Local Comprehensive Smoke-Free Laws for Worksites, Restaurants, and Bars, United States, 2015 If you’re trying to find a bar where smoking is still legal, these are often the answer.
Cigar Bars
Cigar bar exemptions are among the most common. A bar typically must generate a minimum share of its revenue from tobacco sales to qualify, though the threshold varies. Massachusetts requires at least 51% of revenue from on-site tobacco sales. North Carolina sets it at 25% from cigar sales combined with 60% from alcohol.9NC Department of Health and Human Services. SmokefreeNC – FAQs Nearly all cigar bar exemptions also require age restrictions (usually 18 or 21), an on-site humidor, and measures to prevent smoke from migrating into adjacent nonsmoking areas.
Hookah Lounges
Hookah lounges face tighter rules. Where exemptions exist, the venue usually must qualify as a tobacco specialty retail store, which means tobacco sales account for the overwhelming majority of revenue. The venue often cannot hold a food service or liquor license at all. A hookah bar that serves food or mixed drinks may lose its exemption. The general pattern: the more a hookah lounge looks like a regular bar, the less likely it qualifies.
Private Clubs and Fraternal Organizations
Many states exempt private clubs and fraternal organizations. The typical requirements include selective membership, nonprofit or tax-exempt status, and limiting food and drink service to members and their guests. A commercial bar that simply charges a cover and calls itself a “club” won’t qualify. The exemption is aimed at genuine membership organizations like VFW posts and Elks lodges.
Casinos
Casino gaming floors are one of the most contested spaces. Many states that otherwise prohibit indoor smoking allow it in designated gaming areas. Tribal casinos operate under sovereign authority and are not bound by state smoking laws at all, so each tribal gaming facility sets its own policy. Some have voluntarily gone smoke-free; many have not.
Vaping Is Not Always Covered by a Smoking Ban
Whether you can vape in a bar is a separate question from whether you can smoke. Many clean indoor air laws were written before e-cigarettes became common, and not all have been updated. As of mid-2024, roughly 17 states specifically prohibit e-cigarette use in bars under the same framework that bans traditional smoking. California, Colorado, Maryland, and Oregon include vaping in their comprehensive indoor air laws.10Centers for Disease Control and Prevention. Smokefree Indoor Air Laws, Including E-Cigarette
Illinois, Iowa, and Michigan ban cigarette smoking in bars but have not extended the prohibition to e-cigarettes. Alabama, Texas, and several other states without comprehensive smokefree laws have no specific restriction on indoor vaping either.10Centers for Disease Control and Prevention. Smokefree Indoor Air Laws, Including E-Cigarette Don’t assume a state’s smoking ban automatically covers vaping; check the statute itself.
Local Ordinances Can Change the Answer Within a State
State law isn’t always the last word. Twenty-seven states explicitly allow local communities to adopt smoking restrictions stricter than the state standard.11Centers for Disease Control and Prevention. STATE System Preemption Fact Sheet A city inside a state with no statewide bar smoking ban might still prohibit smoking in bars under a local ordinance. If you’re trying to find somewhere you can light up, the local rule matters as much as the state rule.
The flip side is preemption. Twelve states have laws or court decisions preventing local governments from enacting smoking restrictions stricter than what the state has already set.11Centers for Disease Control and Prevention. STATE System Preemption Fact Sheet In a preemption state, whatever exemptions exist at the state level are locked in. A local health department or city council cannot override them.
The practical takeaway: a quick check of state law tells you the default, but a bar’s city or county may have tightened or (occasionally) loosened the rule. Call ahead if it matters.