Everett, MA Public Conduct: Outdoor Smoking Restrictions (2026)

The City of Everett, Massachusetts (Middlesex County) writes its outdoor smoking rule into the outdoor dining permit rather than a stand-alone ordinance. Section 12-1004(b)(6) says no persons within the designated outdoor dining area can smoke, vape, or make use of any tobacco and/or marijuana product. The text covers three things by name: smoking, vaping, and any tobacco or marijuana product, so a cigar, a vape pen and a marijuana joint are all inside the ban.

Section 12-1001(a) applies the division's standards to outdoor dining areas both on public and private property, so a patio behind a restaurant and a table group on a municipally owned sidewalk follow the same rule. Section 12-1002(b) defines outdoor dining as tables, chairs or other seating fixtures and related appurtenances maintained within the public sidewalk for consuming food or beverage next to a food or beverage service establishment having the same operator.

The ban sits beside other permit conditions in Section 12-1004. The dining area can be used only from 7:00 a.m. to 10:00 p.m., and any use outside that window counts as a public nuisance under Sections 13A-61 and 13A-62. Alcohol service in the area needs separate licensing board approval. Section 12-1004(c) bars any fire source inside the area, and the permit must be presented on request by any member of the public. Because the permit belongs to the establishment owner, the permit holder answers for what patrons do inside the area. The record here is limited to the designated outdoor dining area; Section 12-1004(b)(6) does not speak to smoking in other outdoor places in the City of Everett.