Santa Fe, NM Public Conduct: Outdoor Smoking Restrictions (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
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Sources & Official References
Other rules in Santa Fe
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