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Smoking Policies in New York (NY)

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Employers are generally required to prohibit smoking and vaping in virtually all indoor places of employment, including restaurants and bars. Further details are provided below, but additional requirements and exceptions may apply. Please contact the New York Department of Health at 800-458-1158 for further information.

Posting Requirements

  1. “Smoking” or “No Smoking” signs, “Vaping” or “No Vaping” signs, or a sign with the international “no smoking” symbol on it must be prominently posted and properly maintained where smoking and vaping are prohibited or permitted.
  2. An outdoor dining area where smoking and vaping are permitted must be clearly designated with written signage as a smoking and vaping area.
  3. A hotel or motel with a smoking and vaping policy for rooms rented to guests must post a notice at the reception area as to the availability, upon request, of rooms in which no smoking and vaping are allowed.

Further information and posters are available by clicking here.


Smoking and vaping generally may be permitted in the following areas and businesses (among other things):

  • Private homes that do not provide child care services;
  • Hotel or motel rooms rented to one or more guests; and
  • Up to 25% of seating in outdoor areas of restaurants with no roof or ceiling enclosure, if the area is at least 3 feet away from the outdoor area not designated for smoking and vaping and is clearly designated with signage as a smoking and vaping area.

Additionally, New York City has its own Smoke Free Air Act.

Please Note: The state laws summaries featured on this site are for general informational purposes only. In addition to state law, certain municipalities may enact legislation that imposes different requirements. State and local laws change frequently and, as such, we cannot guarantee the accuracy or completeness of the information featured in the State Laws section. For more detailed information regarding state or local laws, please contact your state labor department or the appropriate local government agency.

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