North Carolina’s Smoke-free Restaurant, Bars and Lodging Law made nearly all restaurants and bars and most lodging establishments smoke-free starting January 2, 2010.
Whether you are a business owner, a smoker or a non-smoker, you are likely to have questions about how this law affects you. What changes will I need to make at my business? Where can I smoke now? What happens if I see someone smoking in an area that is supposed to be smoke-free?
Note: Some of the following questions and answers are adapted from material prepared by Aimee Wall with the University of North Carolina School of Government. For additional information about these questions and answers or the law, please visit North Carolina Public Health Law: Frequently Asked Questions.
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Under North Carolina law, enclosed areas of almost all bars and restaurants must be smoke-free. Smoking is also not allowed in most enclosed areas of lodging establishments, such as hotels, motels, and inns, if the establishment prepares and serves food or drink. A lodging establishment may designate no more than 20% of its guest rooms as smoking rooms.
Why was the law passed?
When the NC General Assembly passed the law, it included formal “findings” explaining that “secondhand smoke has been proven to cause cancer, heart disease, and asthma attacks in both smokers and nonsmokers. In 2006, the United States Surgeon General reported that there is no risk-free level of exposure to secondhand smoke.” This means that breathing in even a small amount of smoke from someone else's cigarette, cigar or pipe could be harmful to you. The law protects people from the harm caused by secondhand smoke.
Where are people not allowed to smoke?
Smoking is not allowed in enclosed areas of almost all restaurants and bars.
Smoking is not allowed in most enclosed areas of lodging establishments, such as hotels, motels and inns, if the establishment prepares and serves food or drink. However, a lodging establishment may designate up to 20% of its guest rooms as smoking rooms.
Can people smoke outside of bars, restaurants and lodging facilities?
The state law does not require unenclosed areas of restaurants, bars, and lodging establishments to be smoke-free. These establishments may, however, voluntarily put into place a policy that prohibits smoking in these unenclosed areas.
What is an enclosed area and an unenclosed area?
The North Carolina state law (G.S. 130a-496) prohibits smoking in “enclosed” areas of restaurants and bars. An area in a restaurant or bar is enclosed if it has a roof or other overhead covering, and permanent or temporary walls or side coverings on three or more sides that make up 55 percent or more of the total combined perimeter surface area.
In other words, for an area with roof to be considered unenclosed, two or more of the four permanent or temporary walls or side coverings must be open to the outdoors and the walls or side covering must make up less than 55 percent of the total combined perimeter surface area.
For more information, see FAQs for Rules Clarifying Enclosed Areas (PDF, 129 KB) and How to Measure if an Area is Enclosed (PDF, 486 KB).
Are convenience stores, bowling alleys and other places that sell food also smoke-free?
It depends. If the business is required to comply with the state’s public health laws governing sanitation in food establishments, it must comply with the prohibition on smoking. For example, a convenience store that has a hot food bar where a person can buy a hot dog, chili and other similar types of food will be inspected and graded by staff from a local health department. That store must comply with the smoke-free law. The convenience store across the street, however, may not serve such food and therefore would not need to comply with the smoke-free law.
Are electronic cigarettes (e-cigarettes) allowed under the North Carolina law that bans smoking in restaurants and bars?
The electronic cigarette is a relatively new product that was not considered when this law was being drafted. An e-cigarette is a cigarette-like device that does not meet the current definition of smoking in this state law, which is “the use or possession of a lighted cigarette, lighted cigar, lighted pipe, or any other lighted tobacco product,” so their use is not prohibited under the law. Businesses have the authority, however, to prohibit the use of these products within their business. It may be in the best interest of a business to prohibit the use of e-cigarettes because: 1) their appearance is so similar to conventional cigarettes that there could be confusion by the public about whether or not the bar is in compliance with the law; and 2) their safety is not yet proven. At the federal level, the Food and Drug Administration (FDA) has joined other health experts to warn consumers about potential health risks associated with electronic cigarettes. The FDA is concerned about the safety of these products and how they are marketed to the public. According to the FDA website, the FDA has been examining and detaining shipments of e-cigarettes at the border and has found that the products it has examined thus far meet the definition of a combination drug device product under the Federal Food, Drug, and Cosmetic Act. The agency has been challenged regarding its jurisdiction over certain e-cigarettes in a case currently pending in federal district court.
If a single, enclosed building houses multiple businesses and one or more of those businesses is subject to the smoke-free law, will the entire space need to be smoke free? (Examples include a convenience store with a restaurant inside or an indoor flea market with food stands.)
It depends. If all the businesses in an enclosed building are under single ownership and at least one of those businesses is required to comply with the state’s smoke-free restaurants and bars law, the entire building must comply with the prohibition on smoking. An example would be a convenience store that contains an eating establishment owned and operated by convenience store.
If the enclosed building contains more than one business and all of the businesses are not under the same ownership, only the business in the multi-use facility that is subject to the state’s smoke-free restaurants and bars law must comply with the prohibition on smoking. An example would be a mall or an enclosed flea market with one or more restaurants among other businesses are operating under separate ownership.
This is a general guideline for applying the current law to multi-use spaces there may be occasions where a public health official reaches a different conclusion about an unusual multi-use space.
Are there restaurants and bars that are not required to comply with the smoke-free law?
Yes. The following types of restaurants and bars are not required to comply with the smoke-free law.
Cigar bars - In order to qualify for this exception and allow smoking, the cigar bar must satisfy all of the following criteria:
Non-profit private clubs and country clubs - In order to qualify for this exception, the club must satisfy all of the following criteria:
Restaurants that are exempt from the state’s sanitation laws: If a restaurant is not required to comply with the state’s sanitation laws (found in G.S. Chapter 130A, Article 8, Part 6), it will not be required to comply with the smoke-free law. For examples and more details, please visit North Carolina Public Health Law: Frequently Asked Questions.
Are there lodging establishments that are not required to comply with the smoke-free law?
Yes. The following lodging establishments are not required to comply with the smoking law:
Is smoking still allowed when the space of "private clubs" such as a VFW or American Legion hall is leased?
It depends on if the private club still maintains the following legal requirements of an exempt private club during the temporary lease time: 1) maintains selective members 2) is operated by the membership 3) does not provide food or lodging for pay to anyone who is not a member or a member's guest, and 4) is incorporated as a nonprofit during the leased time.
If a private club leases space on occasion to a group for an activity like bingo, for example, a determination needs to be made as to whether the activity is regulated during the time by the Commission for Public Health food and sanitation laws because food or drink is offered for pay. If the club is regulated by the food and sanitation laws during the lease time of the bingo activity the enclosed area must be smoke-free during that time of the lease period. On the other hand, if for example, the space in the private club is leased to member guests for an activity (e.g. wedding or party) and no food or drink is served for pay then smoking is allowed.
How can a restaurant, bar or lodging establishment know if it is required to comply with the smoke-free law?
The law prohibits smoking in “all enclosed areas of restaurants and bars.” In this law, the term “restaurant” is considered to be any establishment that is inspected and permitted by a local health department. A bar is an establishment that holds a state permit authorizing it to sell malt beverages (e.g., beer), wine, or mixed drinks on its premises with very few exceptions. The law also encompasses any lodging establishment that (1) serves food or drink for pay and (2) is required to comply with state public health laws related to food and drink sanitation. If a restaurant, bar or lodging establishment is unsure of its status under the smoking law, it should contact the local health department to request assistance.”
What does the state law require a proprietor/owner/manager to do?
A person in charge of a restaurant, bar or lodging establishment that is subject to the law must:
Even if a restaurant, bar or lodging establishment is already smoke-free, the venue still must post the required signs and remove any remaining indoor ashtrays.
Can restaurant or bar employees smoke anywhere indoors?
No. In most situations smoking is not permitted anywhere inside the premises, including private offices and break rooms. Businesses that have had a separate room for smoking can no longer allow smoking in these rooms or anywhere else inside. The owner/manager must inform their employees who smoke that they must go outside to smoke. It is important to communicate early and clearly with employees to ensure they understand how the smoke-free law applies to both them and customers.
What should I do if a customer refuses to stop smoking?
You or your staff must remind your customers of the law and should politely explain that they must step outside to smoke. Train your staff about what to say to customers, for example:
If customers refuse to comply, use common sense. If necessary, use your normal protocol for removing a disruptive customer from your premises. You may contact local law enforcement to report the customer.
Do I have to post signs in my establishment, and where must they be posted?
Yes. The law requires no-smoking signs in conspicuous locations stating that smoking is prohibited. The rules require the following for the no smoking signs: (1) Be posted at each public entrance at a height and location easily seen, (2) Be at least 24 square inches in size (for example, 4 by 6 inches), (3) Be in legible font type, (4) Display: (a) The Division’s toll-free complaint line telephone number, (b) “G.S.130A-497” (c) “www.smokefree.nc.gov”.
The signs may include the international "No Smoking" symbol, which consists of a pictorial representation of a burning cigarette enclosed in a red circle with a red bar across it. All establishments subject to the new law, regardless of their smoking policies before the law goes into effect, must post signs.
Free, downloadable signs and materials are available on the Tools for Businesses page.
If my restaurant/bar is already smoke-free, do I have to post signs?
Yes. Every restaurant, bar or lodging establishment covered by the law will be required to post no-smoking signs in a conspicuous location stating that smoking is prohibited.
Free, downloadable signs and materials are available on the Tools for Businesses page.
Is hookah smoking allowed?
Smoking hookah is only allowed if the hookah establishment is not a restaurant, bar or lodging establishment, does not serve food or drink for pay and is notrequired to comply with state public health laws related to food and drink sanitation.
Free, downloadable signs and materials are available on the Tools for Businesses page.
What do people in charge of restaurants, bars and lodging establishments need to do to comply with the smoking law?
A person in charge of a restaurant, bar or lodging establishment that is subject to the law must:
Even if a restaurant, bar or lodging establishment is already smoke-free, the venue still must post the required signs and remove any remaining indoor ashtrays.
Free, downloadable signs and materials are available on the Tools for Businesses page.
What do customers have to do?
Customers must simply comply with the law. It is an infraction to continue to smoke in a nonsmoking business, as described in this law, following oral or written notice by the person in charge of the area or the person's designee. The person committing the infraction may be punished by a fine of not more than fifty dollars ($50.00).
How is the law enforced?
If you observe or note a possible violation, please notify the owner or manager of the establishment. They are responsible for compliance and are required to direct a person who is smoking to extinguish the lighted tobacco product.
This law went into effect on January 2, 2010. If you encounter a violation you can now file a complaint online or by telephone.
For more information or to report a potential violation, please call the Tobacco Prevention and Control Branch at 919-707-5400 or your local health department.
How can I file a complaint if someone is smoking in a restaurant or bar?
If you observe or note a possible violation, please notify the owner or manager of the establishment. They are responsible for compliance and are required to direct a person who is smoking to extinguish the lighted tobacco product.
This law went into effect on January 2, 2010. If you encounter a violation you can now file a complaint online or by telephone.
Contact information for local health departments can be found at http://www.ncalhd.org/directors. Ultimately, businesses that are not following the smoke-free law may be issued warnings and/or fines for violating the law more than two times.
What are the specific penalties for violating the smoke-free law?
Both the individual who continues to smoke in violation of the law and the business can be fined under this law.
Resources and Quitting Tobacco
Where can I get information about quitting smoking?
Call QuitlineNC, which operates 24 hours a day. seven days a week. The toll-free number for North Carolina is 1-800-784-8669. QuitlineNC services are free to all residents of North Carolina. Expert Tobacco Quit Coaches can call you back upon request. English, Spanish and other languages are available. All calls are free and confidential
May a local government adopt a local law that differs from the statewide smoking law?
Yes. A local government may adopt a local law restricting or prohibiting smoking that is more restrictive than the state law. In other words, the local law can place more restrictions on smoking or prohibit smoking in more places than is currently provided for in the state law. The local law may not reduce or take away restrictions and prohibitions provided for in the state law. This local authority extends to the following locations:
The local governments may not, however, adopt a local law that restricts or prohibits smoking in the following places:
Can my county or municipality pass a local ordinance that allows smoking in bars or for-profit private clubs?
No. A local law cannot be less strict than the state law.
What are some examples of other areas in which smoking could be prohibited by a local ordinance?
A local law can be more restrictive than the state law regarding local government grounds and certain public places. "Grounds” are defined in the law as an unenclosed area owned, leased, or occupied by State or local government. Public places are defined by the law as an enclosed area to which the public is invited or in which the public is permitted. Examples of other areas that a community can make smoke-free include: government controlled parks and beaches, government grounds, retail stores, all convenience stores, laundry-mats, shopping malls, sports arenas, theaters, public transportation vehicles and facilities and common areas of multi-unit housing buildings.
What types of local government entities can adopt these local laws?
The term “local government” is defined in the law as “a local political subdivision of this State, an airport authority, or an authority or body created by an ordinance, joint resolution, or rules of any such entity.” G.S. 130A-492(4). The clause “local political subdivision of this State” is often seen as referring primarily to cities and counties, but there are other types of local government entities that have authority to pass local laws and likely fall within this definition. The types of local government entities that are most likely to become involved in local lawmaking with respect to smoking include:
One unique characteristic of the smoking law is that it requires boards of county commissioners to adopt an ordinance approving any smoking rule adopted by a local board of health after July 1, 2009. Local boards of health are not required to have this type of approval for any other types of rules that they adopt.
Updated: September 17, 2024
