Skip to main content
. Author manuscript; available in PMC: 2010 Jan 6.
Published in final edited form as: Am J Health Stud. 2008 Jan 1;23(4):162–172.

Table 1.

Exemptions listed in smoking laws of New York City (NYC), State of New York (NY), Boston, Commonwealth of Massachusetts (MA), and City of Philadelphia.

NYC: Smoke-Free Air Act (1995) NYC: Smoke-Free Air Act (2002) NY:Clean Indoor Air Act (2003)

Exemptions Include:
  • Restaurants seating < 35

  • Bars with at least 40% revenue from alcoholic beverages

  • Partitioned bar area for indoor dining establishment

  • Private, enclosed offices with ≤ 3 people

  • <25% of separately ventilated lounges/boxes in sports arenas/recreational areas

  • Separately ventilated smoking rooms in some higher level schools

  • Fines: $100 individual $200, $400, $1000 mangers, owners, etc.

Exemptions Include:
  • Tobacco bars in existence on Dec. 31, 2001

  • Owner-operated bars without no employees

  • Non-profit membership associations without employees

  • Bars: separate smoking rooms with separate ventilation; workers prohibited when in use

  • Up to 25% of unenclosed outdoor dining areas

  • Smoking rooms in residential, some health care facilities, hotels/motels

  • Private automobiles

  • Public areas in use for tobacco promoting and sampling functions

Exemptions Include:
  • Private homes, residences, and automobiles

  • Hotel/motel rooms

  • Retail tobacco establishments

  • On-premise membership association events that do not offer compensation for services

  • Cigar bars in existence before Jan. 1, 2003 with ≥10% revenue from sales

  • Up to 25% of Unenclosed outdoor dining 3 feet from non-smoking areas

  • Public areas in use for tobacco promoting and sampling functions


Boston: Clean Air Works Workplace Smoking Restrictions (2003) MA: Smoke-Free Workplace Law (2004) Philadelphia: Clean Indoor Air Worker Protection Law (2007)

Exemptions Include:
  • Private residences

  • Designated smoking rooms in lodging establishments

  • Retail tobacco stores

  • Smoking bars ≥60% income from tobacco sales

  • Unenclosed outdoor spaces with overhead covering

  • Theatrical productions

  • Religious ceremonies

  • Business office space under City of Boston Code Ordinance 16–35

  • Banks and financial service institutions

Exemptions Include:
  • Private residences

  • Premises of membership associations

  • Designated smoking rooms in lodging establishments

  • Retail tobacco stores

  • Smoking bars

  • Theatrical stage or film performers

  • Medical/scientific research

  • Religious ceremonies

  • Tobacco industries

  • Completely unenclosed outdoor space

  • Areas of nursing homes designated as residences

Exemptions Include:
  • Tobacco products distribution business with ≥15% revenue from sales

  • Specialty Tobacco Establishment

  • Up to 25% of rooms in lodging establishments

  • Private clubs

  • Drinking establishments with <20% revenue from food

  • Smoking outdoors at least 20 feet away from entrances