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Clean Indoor Air Laws by County

County
(year enacted)

Restaurants
With bar                      Without bar

Bingo Halls

Bowling Centers

Workplace

Current New York State Law

(1989)

Nonsmoking seating must be "sufficient for demand" (70% seating nonsmoking satisfies demand. No separate room required.)

-Smoking allowed in bar area

-Establishments with fewer than 50 seats exempt

Nonsmoking seating must be "sufficient for demand" (70% seating nonsmoking satisfies demand. No separate room required.)

-Establishments with fewer than 50 seats exempt

At least 50% of seating must be nonsmoking

(Does not require separate room)

Must provide at least 25% of concourse area nonsmoking

-Smoking allowed under certain circumstances

-Employer must provide smoke free work area

-Employer must provide contiguous areas in cafeteria & employee lounges for nonsmoking

Monroe

(1998)

100% of seating capacity nonsmoking except:

1. Smoking allowed in bar area

2. May create separately enclosed & ventilated dining room where smoking occurs (<25% of seating capacity)

-100% of seating capacity nonsmoking

-May create separately enclosed & ventilated dining room where smoking occurs (not more than 25% of seating capacity)

Smoking prohibited except:

1. Separately enclosed & ventilated smoking room (not more than 50% of seating capacity)

Smoking prohibited except:

1. Separately enclosed and ventilated room

2. In bar area

-Smoking prohibited in all enclosed areas (including cafeterias and conference rooms)

-May create a separately enclosed & ventilated room for smoking

Erie

(1997)

100% of seating capacity nonsmoking except:

1. Smoking allowed in bar area

2. May create separately enclosed & ventilated dining room where smoking occurs (<20% of seating capacity)

-100% of seating capacity nonsmoking

-May create separately enclosed & ventilated dining room where smoking occurs (not more than 20% of seating capacity)

Smoking prohibited except:

1. Separately enclosed & ventilated smoking room (not more than 50% of seating capacity)

Smoking prohibited except:

1. From 6:00 p.m. until closing during adult bowling

2. In bar area

-Smoking prohibited in all enclosed areas (including cafeterias and conference rooms)

-May create a separately enclosed & ventilated room for smoking

Westchester

(1996)

100% of seating capacity nonsmoking except:

1. Smoking allowed in bar area

2. May create separately enclosed & ventilated dining room where smoking occurs

-100% of seating capacity nonsmoking

-May create separately enclosed & ventilated dining room where smoking occurs

Up to 50% of seating may be nonsmoking

(Does not require separate room)

Must provide at least 25% of concourse area nonsmoking

No stronger than state law

Genesee

(2000)

100% of seating capacity nonsmoking except:

1. Smoking allowed in bar area

2. May create separately enclosed & ventilated dining room where smoking occurs (<20% of seating capacity)

-100% of seating capacity nonsmoking

-May create separately enclosed & ventilated dining room where smoking occurs (not more than 30% of seating capacity)

At least 50% of seating must be nonsmoking (does not require separate rooms)

Smoking prohibited except:

1. Separately enclosed and ventilated room

2. In bar area

-Smoking prohibited in all enclosed areas (including cafeterias and conference rooms)

-May create a separately enclosed & ventilated room for smoking

Livingston

(1998)

100% of seating capacity nonsmoking except:

1. Smoking allowed in bar area

2. Effective 2005 bar must be serviced by separate ventilation system

100% of seating capacity nonsmoking

At least 50% of seating must be nonsmoking (does not require separate rooms)

-Must provide at least 25% of concourse area nonsmoking

-No smoking during youth leagues or 1 hour prior

-Smoking prohibited in all enclosed areas (including cafeterias and conference rooms)

-May create a separately enclosed & ventilated room for smoking

Suffolk

(1995)

100% of seating capacity nonsmoking, including any bar area except:

1. May create separately enclosed & ventilated dining room where smoking occurs

-100% of seating capacity nonsmoking

-May create separately enclosed & ventilated dining room where smoking occurs

At least 50% of seating must be nonsmoking

(Does not require separate room)

Smoking prohibited except:

1. From 6:00 p.m. until closing during adult bowling

2. In bar area

-Smoking allowed under certain circumstances

-Employer must provide smoke free work area

-Employer must provide contiguous areas in cafeteria & employee lounges for nonsmoking

Nassau

(1998)

100% of seating capacity nonsmoking except:

1. Smoking allowed in bar area

2. Separately enclosed & ventilated smoking room (aggregate must be <25% of entire seating capacity)

3. Establishments with fewer than 50 seats exempt

100% of seating capacity nonsmoking except:

1. Separately enclosed & ventilated smoking room (<25% of entire seating capacity)

2. Establishments with fewer than 50 seats exempt

No stronger than state law

Smoking prohibited except:

1. From 6:00 pm until closing

2. Separate smoking room

-Smoking prohibited in all work areas

-May create a separately enclosed & ventilated room for smoking

Wayne

(2001)

100% of seating capacity nonsmoking except:

1. Smoking allowed in bar area

2. May create separately enclosed & ventilated smoking room (<30% of seating capacity)

100% of seating capacity nonsmoking except:

1. May create separately enclosed & ventilated smoking room (not more than 30% of seating capacity)

Smoking prohibited except:

1. Separately enclosed & ventilated smoking room (not more than 50% of seating capacity)

Smoking prohibited except:

1. Separately enclosed and ventilated room

2. In bar area

-Smoking prohibited in all enclosed areas (including cafeterias and conference rooms)

-May create a separately enclosed & ventilated room for smoking

New York City

(1995)

100% of seating capacity nonsmoking except:

1. Smoking allowed in bar area

2. Separately enclosed & ventilated smoking room (aggregate must be < 25% of entire seating capacity)

3. Establishments with fewer than 35 seats

100% of seating capacity nonsmoking except:

1. Separately enclosed & ventilated smoking room (<25% of entire seating capacity)

2. Establishments with fewer than 35 seats

No stronger than state law

Must provide at least 50% of concourse area nonsmoking

Smoking prohibited in all public areas (>15 employees) except:

1. Employer may provide contiguous areas for smoking (<15 employees)

2. Private offices containing no more then three persons

Chautauqua

(2000)

80% of seating capacity must be nonsmoking (does not require separate room)

-Smoking allowed in bar area

80% of seating capacity nonsmoking (does not require separate room)

At least 70% of seating must be nonsmoking

(Does not require separate room)

-Must provide at least 25% of concourse area nonsmoking

-No smoking during youth leagues or 1 hour prior

-Smoking prohibited in all enclosed areas (including cafeterias and conference rooms)

-May create a separately enclosed & ventilated room for smoking

Putnam

(2002)

100% of seating capacity nonsmoking except:

1. Smoking allowed in separately ventilated bar area

2. May create separately enclosed & ventilated smoking room (<30% of seating capacity)

100% of seating capacity nonsmoking except:

1. May create separately enclosed & ventilated smoking room (not more than 30% of seating capacity)

Smoking prohibited except:

1. Separately enclosed & ventilated smoking room (not more than 30% of seating capacity)

Smoking prohibited except:

1. Separately enclosed and ventilated room

2. In bar area

-Smoking prohibited in all enclosed areas (including cafeterias and conference rooms)

-May create a separately enclosed & ventilated room for smoking


Chart and selected county data provided by Onondaga County Health Department, Division of Environmental Health

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