Tompkins County, NY Public Conduct: Outdoor Smoking Restrictions (2026)
Key Facts
- Governing law
- Tompkins County Code Ch. 72, Art. II
- Covered areas
- Bars and food service outdoor seating
- Max penalty
- $1,000 per violation
- Enforcer
- Tompkins County Board of Health
- Vapes included
- Yes, ENDS defined as smoking
Summary
Tompkins County bans smoking in bars and food service establishments, and the county code writes outdoor seating areas into both definitions, so lighting up on a restaurant patio or bar deck is prohibited the same as smoking indoors. The County Board of Health enforces the ban and can fine violators up to $1,000 per offense.
BAR Any area, including outdoor seating areas, devoted to the sale and service of alcoholic beverages for on-premises consumption and where the service of food is only incidental to the consumption of such beverages. ... FOOD SERVICE ESTABLISHMENT Any area, including outdoor seating areas or portion thereof, in which the business is the sale of food for on-premises consumption. § ... 72-7. ... Smoking restrictions. A. Smoking shall not be permitted and no person shall smoke in the following areas: (1) Places of employment; (2) Bars; (3) Food service establishments.
Full Breakdown
Chapter 72, Article II of the Tompkins County Code bans smoking in three settings: places of employment, bars, and food service establishments. " Because outdoor seating is folded directly into both terms, § 72-7's prohibition on smoking in bars and food service establishments extends to a restaurant's sidewalk tables or a tavern's beer garden, not just the indoor dining room. vapes), so vaping on a covered patio is treated the same as a lit cigarette. The law states it does not limit any stricter restriction imposed by state law, and it incorporates the exceptions and defenses in place under Article 13-E of the state Public Health Law as of July 25, 2003.
Enforcement runs through the Tompkins County Board of Health or its designee: § 72-8 authorizes the enforcement officer to hold a hearing and, per § 72-9, impose a penalty of up to $1,000 for a violation after that hearing, citing § 309 of the Public Health Law. Each day a violation continues counts as a separate offense, and the owner, operator, or manager of the premises must let the County Health Department in to check compliance.
Violations & Fines
Smoking or vaping in a bar's or restaurant's outdoor seating area is an offense under §§ 72-7 and 72-9. After a Board of Health hearing, the enforcement officer may impose a civil penalty of up to $1,000 per violation, with each day of continued noncompliance treated as a separate offense. The Board can also seek injunctive relief and recover costs and attorney's fees from a noncompliant establishment.
Frequently Asked Questions
Can I smoke on a restaurant patio in Tompkins County?
Does the outdoor smoking ban cover vaping?
Who enforces the smoking ban and what is the fine?
Sources & Official References
Other rules in Tompkins County
New York rules heatmap·Compare Tompkins County to another location·View the New York public conduct overview
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