The Smoke Free Air Act (SFAA) prohibits smoking and the use of electronic cigarettes in most workplaces and public spaces. This includes areas near hospital entrances, in parks, beaches and pedestrian plazas. The SFAA also prohibits the use of smokeless tobacco at sports arenas and recreational areas that issue tickets.
Serving or smoking any product containing tobacco is prohibited inside New York City restaurants and bars. Serving non-tobacco shisha for on-site smoking is only allowed with a permit to operate as a non-tobacco hookah establishment.
In order to reduce the risk of secondhand smoke exposure, tobacco, hookah smoking and vaping are not allowed in the Open Restaurants outdoor seating areas created during phased reopening from the COVID-19 pandemic.
The SFAA requires the posting of “No Smoking, Electronic Cigarette Use, and Smokeless Use” signs to be clear and visible in any indoor space where smoking, using e-cigarettes or using smokeless tobacco is not allowed.
These signs may be requested by calling 311. Otherwise, they must be:
The person in control of the areas where smoking and vaping are prohibited is responsible for the compliance and enforcement of the SFAA.
We provide technical assistance to organizations, vendors and worksites that implement these laws. We also offer educational materials on responsibilities and rights under these laws, and trainings and presentations to various groups regarding these laws.
For more information or support complying with these regulations, email email@example.com
Under the SFAA smoking and use of e-cigarettes is banned in all indoor common areas of residential buildings with three or more units. Residential buildings with three or more units are required to create a policy on smoking and share it with tenants and prospective tenants.
Learn more about smoke-free housing, including tips for making your building smoke-free.
Business Owners and Employers
Business owners and employers are required to create a written smoking and electronic cigarette use policy. It should be posted for all employees and shared with new hires. In most cases, the policy should prohibit smoking and e-cigarette use in indoor workplace spaces.
Non-Tobacco Hookah Establishments
All hookah-serving establishments are required to have a permit. No new permit applications are currently being accepted. Permitted establishments must only serve non-tobacco shisha. Hookah establishments must display warning signs about the health risks of hookah smoke. People younger than 21 are not permitted to enter hookah-serving establishments.
Smoke-Free Air Act Exemptions
The SFAA makes virtually all workplaces in New York City smoke-free, with the following exemptions:
Food service establishments may not permit smoking of tobacco products or the use of e-cigarettes on site. These businesses cannot register as Tobacco Retail Stores or Electronic Cigarette Retail Stores.
The New York State Clean Indoor Air Act (CIAA) prohibits smoking and the use of e-cigarettes in certain public areas and covers New York State (including New York City). In addition to the SFAA restrictions, the CIAA prohibits smoking and the use of e-cigarettes:
The CIAA requires the posting of "No Smoking" or "Smoking" signs, or "No Vaping" or "Vaping" signs, or a sign with the international "No Smoking" symbol, to be clear and visible in these outdoor areas.
The person in control of the smoking and vaping prohibited areas is responsible for the compliance and enforcement of the CIAA.