Memphis, TN Public Conduct: Outdoor Smoking Restrictions (2026)
Key Facts
- Governing section
- Memphis Code § 9-88-2
- Covers
- Elevators, MATA buses, theaters, restaurants
- Restaurant threshold
- 50+ seats
- Retail threshold
- Stores with 5+ employees
- Sign fine
- Up to $50 per sign/day
- Smoking fine
- Up to $50 per violation
- Outdoor spaces
- Not covered by this chapter
Summary
Memphis Code § 9-88-2 bans smoking in public elevators, MATA buses, hospital lobbies, theaters, and every restaurant seating 50 or more unless it maintains an adequate nonsmoking section. It's an enclosed-space law, not an outdoor one. Memphis has no ordinance barring smoking in parks, sidewalks or open-air patios.
Smoking in certain enclosed areas has been determined to be injurious to human health, to constitute a source annoyance and discomfort to nonsmokers, and to be a public nuisance. Therefore: A. Smoking shall be unlawful and prohibited in: 1. All public elevators; 2. All Memphis Area Transit Authority buses; ... 7. All publicly or privately owned restaurants or other eating establishments, as defined herein, except that this prohibition shall not apply to any such eating establishment which maintains a nonsmoking area adequate to meet demand and which informs all patrons that a nonsmoking area is provided. At the request of the patron, the patron shall be seated in the nonsmoking area. ... 8. All enclosed areas open to the public in any shopping area of a retail merchandising store, including grocery stores, having more than five employees...
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 32 | Charter: Supplement 4).
Full Breakdown
Chapter 9-88 targets smoking in specific enclosed public places rather than outdoor space generally. Section 9-88-2(A) makes smoking unlawful in public elevators; all Memphis Area Transit Authority buses; the Mid-South Coliseum Arena seating area (though it's allowed in the concourses and lobbies); Dixon-Myers Hall, the Auditorium South Hall and stage area (lobbies excepted); any Cook Convention Center room the management designates nonsmoking; any theater, hall, hotel, public building, store, warehouse, factory or establishment premises where smoking is 'dangerous,' provided a sign is posted; every restaurant meeting the chapter's 50-seat definition, unless it maintains an adequate nonsmoking area and seats requesting patrons there on request (with an owner able to designate the whole restaurant nonsmoking); and every enclosed shopping area of a retail store with more than five employees.
Section 9-88-2(B) lets hospitals designate nonsmoking lobbies and waiting rooms, which then carry the same prohibition. Section 9-88-3 exempts stores whose sales are principally tobacco products. ' Nothing in Chapter 9-88 reaches open-air spaces: parks, sidewalks, stadium concourses, or restaurant patios are outside its scope unless they're one of the enclosed places the section names.
Violations & Fines
Failing to post the required signs is itself a misdemeanor under § 9-88-5, punishable by a fine of up to $50.00 per required sign for each day the sign is missing or not maintained. Smoking in a posted nonsmoking area is separately a misdemeanor 'punishable as provided in section 1-24-1': the Code's general penalty, up to $50.00 per violation. The city and county health department director, police services director, fire services director, or any adversely affected party may also sue to enjoin repeat violations under § 9-88-6.
Frequently Asked Questions
Can I smoke in a Memphis park or on a restaurant patio?
Do all Memphis restaurants have to be smoke-free?
What's the penalty for smoking where it's banned in Memphis?
Sources & Official References
Other rules in Memphis
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