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Tuscaloosa, AL Public Conduct: Outdoor Smoking Restrictions (2026)

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

Key Facts

Restaurant definition
indoor area only (Sec. 13-92)
Municipal facility definition
enclosed areas only
Banned locations
buses, elevators, service lines, theaters
Late-night restaurant exception
10 p.m.-6 a.m. with alcohol license
Outdoor coverage
no park, sidewalk, or patio smoking ban exists
Penalty
Sec. 1-8 general penalty, each day separate offense

Summary

Tuscaloosa's clean-air ordinance, Sec. 13-92 through 13-98, bans smoking inside restaurants, city buildings, buses, elevators, service lines, and theater seating areas. Its definitions cover only enclosed spaces, so parks, sidewalks, and outdoor patios sit outside this ordinance, and the city has no citywide outdoor smoking ban on the books.

Restaurant: The indoor area of any establishment in the city licensed by the city as a restaurant licensee. ... Municipal facility: Those enclosed areas of any building complex or facility or portion thereof owned, leased, operated or controlled by the city. ... (a)It shall be unlawful and a violation of this article for any person in the city to:(1)Smoke in any bus or public passenger carrier (except taxicabs, limousines, private charter buses) not engaged in interstate commerce.(2)Smoke in any elevator which is not in a private residence.(3)Smoke in a service line...(4)Smoke in a municipal facility.(5)Smoke in a spectator area of a theatre or movie house other than a dinner theater...(8)Smoke in a restaurant. ... (b)The provisions of this article expressly do not repeal or amend any existing ordinance or code prohibiting smoking.

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 102).

Full Breakdown

Chapter 13, Article VI regulates smoking only in enclosed public places, and its definitions make that limit explicit: a restaurant is defined as the indoor area of any establishment in the city licensed by the city as a restaurant licensee, and a municipal facility means those enclosed areas of any building complex or facility owned, leased, operated, or controlled by the city. Sec. 13-93(a) lists exactly what is prohibited: smoking on a bus or public passenger carrier not in interstate commerce, in an elevator outside a private residence, in a service line or at a meat, produce, or check-out counter, in a municipal facility, in a theater's spectator area outside a dinner theater, in a municipal agency facility, and in a restaurant. None of these categories reaches outdoor areas such as parks, sidewalks, or restaurant patios, and Sec. 13-95 lets an owner set aside indoor smoking areas separated from nonsmoking space, provided they carry proper signage, ventilation, and ashtrays, with exceptions carved out for stage performers and private social functions in an otherwise-public hall.

Owners must post the international no-smoking symbol at every covered location under Sec. 13-94, and any on-premises alcohol licensee that is not also a licensed restaurant must post a SMOKING or NO SMOKING sign at every entrance. A restaurant that also holds an on-premises alcohol license may permit smoking from 10:00 p.m. until 6:00 a.m. the next day if it posts that exception at its public entrances. Because the article's own savings clause, Sec. 13-98(b), states it does not repeal or amend any other ordinance prohibiting smoking, any future outdoor restriction would need a separate ordinance, and none currently exists in this Code.

Violations & Fines

Sec. 13-97 makes any violation of Article VI punishable under the Code's general penalty, Sec. 1-8, or any council-adopted fine schedule, with each day of a continuing violation charged as a separate offense. Because the ordinance's prohibited-place list covers only enclosed municipal facilities, restaurants, buses, elevators, service lines, and theater seating, none of these penalties reach conduct occurring in a park, on a sidewalk, or on an open-air patio.

Frequently Asked Questions

Does Tuscaloosa ban smoking in parks or outdoors?
No. Article VI's prohibited-place list in Sec. 13-93(a) covers only enclosed spaces: buses, elevators, service lines, municipal facilities, restaurants, and theater seating areas. Outdoor spaces like parks, sidewalks, and patios are not addressed by this ordinance.
Can a bar or restaurant designate a smoking section?
Sec. 13-95 lets an owner set aside indoor smoking areas away from nonsmoking space, with required signage, ventilation, and ashtrays, though restaurants and municipal facilities cannot use this option.
Can a restaurant with a liquor license ever allow smoking?
Yes. Under the restaurant definition in Sec. 13-92, a restaurant that also holds an on-premises alcohol license may allow smoking from 10:00 p.m. until 6:00 a.m. the next day if it posts that exception at its public entrances.
What is the penalty for violating the smoking ordinance?
Sec. 13-97 punishes any Article VI violation under the Code's general penalty, Sec. 1-8, unless the council has adopted a specific fine schedule, and treats each day of a continuing violation as a separate offense.

Sources & Official References

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