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Memphis, TN Public Conduct: Outdoor Smoking Restrictions (2026)

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

View official code

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?
Generally yes. Memphis Code § 9-88-2 regulates smoking only in specific enclosed places like elevators, transit buses, theaters, hospital lobbies and covered restaurants; it doesn't reach open-air parks, sidewalks, or uncovered patios, which fall outside the chapter's list of prohibited places.
Do all Memphis restaurants have to be smoke-free?
Not automatically. Restaurants seating 50 or more must either maintain a nonsmoking area adequate to meet demand and seat patrons there on request, or the owner can designate the whole restaurant nonsmoking. Private function rooms are exempt from the nonsmoking requirement under § 9-88-2(A)(7).
What's the penalty for smoking where it's banned in Memphis?
It's a misdemeanor under § 9-88-5, punishable under the Code's general penalty, § 1-24-1: up to $50.00 per violation. A business that fails to post the required nonsmoking signage separately faces up to $50.00 per missing sign for each day it stays unposted.

Sources & Official References

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