Charleston, WV Public Conduct: Outdoor Smoking Restrictions (2026)
Key Facts
- Where it applies
- Permitted sidewalk dining areas, CBD/UCD only
- Smoking rule
- Prohibited within the dining area
- Operator penalty
- Up to $500/day, each day separate
- Permitting agency
- City of Charleston Planning Department
Summary
Charleston prohibits smoking inside any permitted outdoor dining area on city sidewalks in the Central Business and Urban Corridor Districts.
(l)Smoking is prohibited within any outdoor dining area.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 56).
Full Breakdown
City code sets up a permit system for restaurants to place tables on the public sidewalk in the Central Business District and Urban Corridor District. Once a planning-department permit is issued, the operator's outdoor dining footprint is subject to a full set of standards, and smoking is flatly barred inside that footprint, full stop, with no carve-out for the operator's discretion.
Violations & Fines
Enforcement runs through the operator, not individual smokers: a permit holder who lets smoking continue in the dining area risks fines up to $500 per day, with each day a separate offense, and can have the outdoor dining permit itself revoked by the planning department.
Frequently Asked Questions
Does Charleston ban smoking in all outdoor public places?
Who gets fined if a customer smokes at an outdoor cafe table?
Sources & Official References
Other rules in Charleston
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