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Tompkins County, NY Public Conduct: Outdoor Smoking Restrictions (2026)

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

These county ordinances apply to unincorporated areas of Tompkins County. Incorporated cities within the county may have their own rules that take precedence over county-level regulations.

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?
No. County Code § 72-6 defines "food service establishment" to include outdoor seating areas, and § 72-7 bans smoking in food service establishments, so the patio is covered the same as the indoor dining room.
Does the outdoor smoking ban cover vaping?
Yes. Section 72-6 defines "smoking" to include use of electronic nicotine delivery systems (ENDS), covering vape pens and e-cigarettes along with lit tobacco products.
Who enforces the smoking ban and what is the fine?
The Tompkins County Board of Health or its designee enforces Chapter 72. After a hearing, § 72-9 allows a penalty of up to $1,000 per violation, with each day of continued violation a separate offense.

Sources & Official References

Other rules in Tompkins County

All Tompkins County rules

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