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Santa Fe, NM Public Conduct: Outdoor Smoking Restrictions (2026)

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

Key Facts

Outdoor patios covered
restaurants and bars
Buffer from outdoor eating areas
25 feet
First-offense fine
up to $100
Second offense (1 yr)
up to $200
Enforcement contact
city manager's office

Summary

The Santa Fe Smoke Free Ordinance bans smoking on outdoor patios of restaurants and bars, and within 25 feet of any outdoor eating or drinking area. Violators face infraction fines starting at $100 under Section 10-6.

V. Outdoor patios of restaurants and bars. Notwithstanding any other provision of this section, any owner, operator, manager or other person who controls any establishment or facility may declare that entire establishment or facility as a nonsmoking establishment. ... Smoking is prohibited within twenty-five feet (25') of an outdoor eating or drinking area of a restaurant or bar. The owner, manager or operator of a restaurant or other easting establishment shall be responsible for ensuring that all outdoor eating areas under the control of the establishment are designated as nonsmoking areas, and shall post appropriate signs as necessary clearly indicating where smoking is prohibited under the provision of this section.

Full Breakdown

5(V) of the Santa Fe Smoke Free Ordinance lists 'outdoor patios of restaurants and bars' among the places where smoking is prohibited, treating them the same as fully enclosed public places for purposes of the ban. 7(B) goes further, prohibiting smoking within twenty-five feet of an outdoor eating or drinking area of a restaurant or bar so that smoke cannot drift into the space; the owner, manager or operator of the establishment is responsible for designating all outdoor eating areas under their control as nonsmoking and posting signs marking the boundary.

7(A) applies the same twenty-five-foot buffer to entrances, windows and ventilation systems of any enclosed area where smoking is banned. A narrow carve-out exists for above-ground open-air parking lots, truck stops, rest stops and for licensed cigar bars and vaping bars that bar entry to anyone under eighteen and post a required four-inch by six-inch warning sign, but ordinary restaurant and bar patios do not qualify for that exception. 9 requires a conspicuous sign at every entrance of a place where smoking is totally prohibited, and bars serving food or drink to anyone smoking in a prohibited area. 11, and any citizen may register a complaint directly with the city manager to trigger enforcement.

Violations & Fines

Violating the outdoor smoking ban is an infraction under Section 10-6.13: up to $100 for a first offense, up to $200 for a second violation within one year, and up to $500 for each additional violation within that year. An employee or private citizen may also bring a civil legal action to enforce the ordinance.

Frequently Asked Questions

Can I smoke on a restaurant patio in Santa Fe?
No. Section 10-6.5(V) of the Smoke Free Ordinance specifically lists outdoor patios of restaurants and bars as places where smoking is prohibited, the same as any enclosed public place, and Section 10-6.7(B) bars smoking within 25 feet of any outdoor eating or drinking area.
How far from a restaurant entrance must I stand to smoke?
Twenty-five feet. Section 10-6.7(A) prohibits smoking within twenty-five feet of any entrance, window or ventilation opening into a space where smoking is already banned, to keep smoke from drifting inside.
What's the fine for smoking where it's banned in Santa Fe?
Section 10-6.13 sets a fine of up to $100 for a first violation, up to $200 for a second violation within one year, and up to $500 for each additional violation within that year. A private citizen or employee can also sue civilly to enforce the ban.

Sources & Official References

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