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Environmental Health Services

Smoking Ordinance

Smoking is defined in the City Code, Chapter 36, as inhaling, exhaling, burning, or carrying any lighted cigar, cigarette, pipe, weed, plant, or other combustible substance in any manner or in any form. Following are just two of the excerpts from the smoking ordinance. Please see the ordinance in full for complete details.

Prohibition of Smoking in Public Places

Smoking shall be prohibited in all enclosed public places within the city, including but not limited to, the following places:

(1) Aquariums, galleries, libraries, and museums;
(2) Areas available to and customarily used by the general public in businesses and non-profit entities patronized by the public, including but not limited to, professional offices, banks, laundromats, hotels, and motels;
(3) Convention facilities;
(4) Elevators;
(5) Facilities primarily used for exhibiting a motion picture, stage, drama, lecture, musical recital, or other similar performance;
(6) Health care facilities;
(7) Licensed child care and adult day care facilities;
(8) Lobbies, hallways, and other common areas in apartment buildings, condominiums, trailer parks, retirement facilities, nursing homes, and other multiple-unit residential facilities;
(9) Polling places;
(10) Public transportation facilities, including buses and taxicabs, and ticket, boarding, and waiting areas of public transit depots;
(11) Restaurants, except for enclosed bar areas, enclosed dining areas and outdoor seating areas designated as smoking in accordance with subsection 36-9(d); provided, however, that:
a. All outdoor seating areas so designated as smoking shall provide a non-smoking area therein;
b. Persons under the age of eighteen (18) years shall not be admitted in any enclosed bar area or enclosed dining area so designated as smoking; and
c. A restaurant may only have either an enclosed bar area or an enclosed dining area and may not have both.
(12) Restrooms, lobbies, reception areas, hallways, and other common-use areas;
(13) Retail stores;
(14) Rooms, chambers, places of meeting or public assembly, including school buildings, under the control of an agency, board, commission, committee or council of the city or a political subdivision of the state when a public meeting is in progress, to the extent the place is subject to the jurisdiction of the city;
(15) Service lines;
(16) Shopping malls; and
(17) Sports arenas, including enclosed areas in outdoor arenas.

Prohibition of Smoking in Places of Employment

(a) Smoking shall be prohibited in all enclosed areas within places of employment. This includes common work areas, auditoriums, classrooms, conference and meeting rooms, elevators, hallways, medical facilities, cafeterias, employee lounges, stairs, restrooms, and all other enclosed areas.
(b) This prohibition on smoking shall be communicated by employers to all prospective employees upon their application for employment.

How to report a violation of the Smoking Ordinance:

If you have a complaint about a smoking ordinance violation, call us at 207-8853 or email samhd@sanantonio.gov.