Olmsted County, MN Public Conduct: Outdoor Smoking Restrictions (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.
“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?
Does the ban reach restaurant patios in Olmsted County?
How close to a building entrance can I smoke?
What happens if a bar owner lets patrons smoke inside?
Sources & Official References
Other rules in Olmsted County
Compare Olmsted County to another location·View the Minnesota public conduct overview
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