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Bessemer, AL Public Conduct: Outdoor Smoking Restrictions (2026)

Significant Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Building buffer distance
10 feet from entrances/vents
Restaurant patio buffer
20 feet
Smoker's fine
Up to $50.00
Business operator fine
Up to $500.00
Enforcing agencies
Police, fire, inspections, county health dept.

Summary

Bessemer's smoke-free ordinance reaches outdoors too. Code of Ordinances § 62-108 bans smoking within ten feet of doors and vents of smoke-free buildings and within 20 feet of restaurant patios, outdoor arenas, bleachers, and public transit platforms, with violators facing a misdemeanor fine under section 62-114.

Smoking shall be prohibited in the following outdoor places:(1)Within a reasonable distance of ten feet outside entrances, operable windows, and ventilation systems of enclosed areas where smoking is prohibited, so as to prevent tobacco smoke from entering those areas.(2)In, and within 20 feet of, outdoor seating or serving areas of restaurants and restaurant bars.(3)In all outdoor arenas, stadiums, and amphitheaters. Smoking shall also be prohibited in, and within 20 feet of, bleachers and grandstands for use by spectators at sporting and other public events.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Republication).

Full Breakdown

Chapter 62's smoke-free workplace article, adopted by Ordinance No. 3481 in 2012, does not stop at building walls. Section 62-108 lists six categories of outdoor places where smoking is prohibited: within ten feet of entrances, operable windows, and ventilation intakes of any enclosed area where smoking is already banned; within 20 feet of outdoor seating or serving areas at restaurants and restaurant bars; inside outdoor arenas, stadiums, and amphitheaters and within 20 feet of bleachers or grandstands; within 20 feet of city-run outdoor transit stations, platforms, and shelters; in outdoor service lines, including drive-through lanes, within 20 feet of the point of service; and in outdoor common areas of apartment buildings, condos, and nursing homes, unless the property sets aside a designated smoking area no larger than 25 percent of that common area and at least ten feet from any entrance.

Section 62-109 carves out private residences and licensed bars and lounges. Owners and managers must post 'NO SMOKING' signage at every entrance under section 62-111, and enforcement runs through the police department, fire department, city inspections officers, or the Jefferson County Department of Health under section 62-113, which can also inspect during routine mandated inspections.

Violations & Fines

Smoking where prohibited is a misdemeanor punishable by a fine not exceeding $50.00 under section 62-114(a). An owner, manager, or operator who fails to enforce the smoke-free rules faces a fine up to $500.00 and possible suspension or revocation of the business's permit or license, and each day of a continuing violation counts as a separate offense.

Frequently Asked Questions

Can I smoke on a restaurant patio in Bessemer?
No. Section 62-108(2) prohibits smoking in, and within 20 feet of, any outdoor seating or serving area of a restaurant or restaurant bar. The buffer applies even though bars and lounges are otherwise exempt from the indoor smoking ban under section 62-109(b).
How close to a building entrance can I smoke?
You need to stay at least ten feet from the entrances, operable windows, and ventilation intakes of any enclosed area where smoking is already banned, under section 62-108(1). The buffer exists specifically to keep smoke from drifting back into the smoke-free interior space.
What's the fine for smoking somewhere prohibited?
Section 62-114(a) sets a misdemeanor fine of up to $50.00 for the smoker. A business owner or manager who fails to stop prohibited smoking or post required signage faces a separate misdemeanor fine of up to $500.00, plus possible suspension of their business permit or license.
Who enforces Bessemer's outdoor smoking ban?
Section 62-113 gives enforcement authority to any sworn Bessemer police officer, the fire department and fire marshal, city inspections officers, and the Jefferson County Department of Health, which can also check compliance during any inspection it's already conducting at the property.

Sources & Official References

Other rules in Bessemer

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