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Olmsted County, MN Public Conduct: Outdoor Smoking Restrictions (2026)

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

Key Facts

Outdoor park rule
Banned when anyone under 18 present
Outdoor dining/bar seating
Banned if wait staff serve there
Buffer zone
15 feet from doors, windows, vents
Enforcer
Dept. of Public Health Director
Penalty escalator
Each day is a separate offense
License risk
Food/liquor license can be revoked
Appeal path
Ch. 4000 Enforcement and Appeals Ordinance

Summary

Olmsted County bans smoking and vaping in outdoor areas of public recreation centers and parks, including playgrounds and swimming pools, whenever anyone under 18 is present, and in outdoor dining or bar seating at food establishments with wait staff. The ordinance also sets a 15-foot no-smoking buffer around entrances, exits, windows and vents of every public place and workplace countywide.

City-specific rules exist: Rochester has its own outdoor smoking restrictions rules that differ from Olmsted County's county-level regulations. If you live in Rochester, check the city-specific page instead.

“Public Place” also means an outdoor area of a public recreation center or public park, including, but not limited to, a public playground, swimming pool or other recreational area when in use by youth under the age of eighteen. ... Except as provided in Section 2104.2, smoking is prohibited in the following locations: A. Public places and places of work; B. Outdoor dining or bar areas, including sidewalk seating, of any food establishments that provide wait staff or any other staff services to patrons in those areas; and C. Within fifteen (15) feet of entrances, exits, open windows, and ventilation intakes of public places and places of work, to help prevent tobacco smoke from entering public places and places of work and to protect individuals entering such places from being exposed involuntarily to secondhand smoke, e-cigarette vapor and vaporized medical cannabis.

Full Breakdown

02). C). 02 exempts private residences, motor vehicles in private use, motor vehicles serving as a workplace for no more than one employee, traditional Indian spiritual or cultural tobacco use by enrolled tribal members, 20 percent of contiguous, clearly-marked smoking guest rooms in hotels and motels, people simply passing through on a street, alley or sidewalk, and legally authorized vaporized medical cannabis use under Minn. 23. 03).

Violations & Fines

Smoking where prohibited is a violation under Section 2110.01. The Director of the Olmsted County Department of Public Health may issue a civil notice of violation, and each day of continued violation counts as a separate offense (Section 2110.03.A). Noncompliance also grounds denial, non-renewal, suspension or revocation of any food, liquor or other business license issued by the county or a municipality (Section 2110.03.B). Appeals of a civil notice follow the Olmsted County Administrative Enforcement and Appeals Procedure Ordinance, Chapter 4000, and a municipal attorney or the County Attorney may also seek an injunction against repeated violations (Section 2110.05).

Frequently Asked Questions

Can I smoke or vape in an Olmsted County park?
Not in an outdoor recreation center or park area, including a playground or pool, if anyone under 18 is using that area at the time; Section 2103.09 defines those spaces as a "Public Place" where Section 2104.01 bans smoking.
Does the ban reach restaurant patios in Olmsted County?
Yes. Section 2104.01.B prohibits smoking in outdoor dining or bar areas, including sidewalk seating, of any food establishment that provides wait staff or other staff service to patrons there.
How close to a building entrance can I smoke?
Not within 15 feet of any entrance, exit, open window or ventilation intake of a public place or workplace; Section 2104.01.C sets that buffer specifically to keep smoke and vapor from drifting indoors.
What happens if a bar owner lets patrons smoke inside?
The Department of Public Health Director can issue a civil notice of violation, with each day treated as a separate offense, and the county or municipality can deny, suspend or revoke the establishment's food or liquor license under Section 2110.03.

Sources & Official References

Other rules in Olmsted County

All Olmsted County rules

Compare Olmsted County to another location·View the Minnesota public conduct overview

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Outdoor Smoking Restrictions in Cities Across Olmsted County