Johnson County, KS Public Conduct: Outdoor Smoking Restrictions (2026)
Key Facts
- Buffer distance
- 10 feet from public entrances
- Effective date
- July 1, 2017
- Exempt
- Right-of-way sliver, outdoor patio seating
- Penalty
- Class D infraction, $50-$100 fine
- Business risk
- Permit/license suspension for violations
- Enforced by
- Johnson County Sheriff's Office
Summary
Johnson County's smoking law reaches outdoors too: Sec. 38-1(d)(2)(s) bars smoking within ten feet of any public entrance in unincorporated Johnson County. The buffer carves out the public right-of-way inside that ten feet and a restaurant or bar's outdoor seating area, so long as reasonable steps keep smoke from drifting indoors.
s.Within ten feet of any public entrance to a public place; provided, however, that this prohibition shall not apply to the following: any portion of the public right-of-way that may be within ten feet of said entrance, and the outdoor seating area of a restaurant or drinking establishment where smoking is allowed. With respect to said outdoor seating area, smoking may be allowed only if reasonable efforts are made to minimize the chance of smoke affecting the inside occupants of the establishment. ... A person who smokes in an area where smoking is prohibited by the provisions of these regulations or any person who fails to comply with the requirements of these regulations...will, upon conviction, be guilty of a Class D infraction, punishable by a fine of $50.00 to $100.00.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Resolutions: Supplement 14).
Full Breakdown
Sec. 38-1 took effect July 1, 2017, and bans smoking, defined to include cigarettes, electronic cigarettes, and any similar lighted or vaporized tobacco or nicotine product, inside every enclosed public place in unincorporated Johnson County, from restaurants and bars to libraries, health facilities, service lines, and government meeting rooms. Subsection (d)(2)(s) extends the ban outdoors along building entrances: no one may smoke within ten feet of any public entrance to a public place. Two carve-outs apply to that ten-foot zone: the sliver of public right-of-way that happens to fall within the ten feet is not covered, and a restaurant's or bar's outdoor seating area is not covered either, provided reasonable efforts are made to keep the smoke from reaching customers inside.
The article also sets a Tobacco 21 rule barring sale, furnishing, or purchase of cigarettes, e-cigarettes, tobacco products, or liquid nicotine to or by anyone under 21, with defenses available to retailers who reasonably relied on an ID or a signed mail-order declaration. A. 41-2601 are entirely exempt from the indoor and outdoor rules. A property's owner, operator, or manager must take 'necessary steps' to stop violations, including posting no-smoking signs, removing ashtrays, verbally asking violators to stop or leave, and refusing service, and repeated failure to do so can lead to suspension or revocation of that business's permit or license in addition to any fine.
Violations & Fines
Sec. 38-1(i) makes smoking in a prohibited area, including within the ten-foot entrance buffer, a Class D infraction punishable by a $50.00 to $100.00 fine, with each day of violation treated separately. A business owner or manager who knowingly lets patrons violate the buffer can also face suspension or revocation of the business's county permit or license on top of the fine, and the Johnson County Sheriff's Office enforces the article.
Frequently Asked Questions
Can I smoke right outside a store entrance in Johnson County?
Is smoking allowed on a restaurant patio in unincorporated Johnson County?
What is the fine for violating Johnson County's smoking buffer?
Sources & Official References
Other rules in Johnson County
Compare Johnson County to another location·View the Kansas public conduct overview
See something wrong?
Help us keep this page accurate. If you notice an error or outdated information, let us know.