Skip to content

Smoking in Outdoor Restaurants and Certain Public Places

Print Friendly, PDF & Email


Rule status: Adopted

Agency: DOHMH

Effective date: May 12, 2024

Proposed Rule Full Text
Ch.-10-NOI_Smoking-in-Outdoor-Restaurants-and-Certain-Public-Places_2-12-24.pdf

Adopted Rule Full Text
Ch.-10-NOA_Smoking-in-outdoor-restaurants_4-12-24.pdf

Adopted rule summary:

The New York City Department of Health and Mental Hygiene (the "Department") adopted to amend Chapter 10 of Title 24 of the Rules of the City of New York to no longer allow smoking of tobacco and electronic cigarettes in outdoor dining areas of restaurants, as well as remove provisions related to discretionary waivers of state law on smoking. The Department is also proposing to correct certain references to definitions that appear in various sections in this Chapter.

Comments are now closed.

Online comments: 17

  • Cheryl Martin

    I have asthma and allergies. One of my allergies is cigarette smoke. Cigarette smoke makes me feel nauseous and short of breath.I sometimes also get chest tightness. For me to walk past one person smoking, much less possibly three, four, five or six in an outdoor cafe I feel sick for at least 15 minutes afterward. I will feel sick most of the day if I have to walk past several of these establishments.

    Comment added February 20, 2024 10:35am

  • Jonathan Corbett

    Are you guys for real? Stop with this nanny state bullshit and go find real problems to fix.

    Comment added February 26, 2024 2:16pm

  • deirdre devoy

    For the health & safety of employees & other non smoking guests, no smoking should be allowed both indoors & outdoors at all eateries etc.

    Comment added February 26, 2024 3:03pm

  • janice

    YES PLEASE… no smoking of any kind where people are eating, or in any situation which would cause 2nd hand smoke to waft into people’s faces where they can’t just leave, like outdoor dining. Just because the smoke is blowing at me outdoors vs indoors, on a non-windy day, that smoke is just as toxic to me outside as it is inside.

    Comment added February 27, 2024 4:23pm

  • Cat B

    Good Afternoon,

    With NYC legalizing the consumption of cannabis, I do not believe this rule should be strictly enforced for establishments that are cannabis friendly. This rule should be at the discretion of set establishments, as long as they are complying with ensuring no minors, as well as other patrons are okay in a respectable manner. Some guests have vapes and their own cannabis that they bring, and like to step outside to regroup and recenter. This does not effect the patrons enjoying and gathering inside of the establishment, we do not want to fall victim of being summons for allowing guests their personal consumption and enjoyment outside of the premises. We have had no complaints by the residents in the building, as they sometimes step outside to partake as well. We want to ensure we are inclusive and inviting with breaking down the stigma.

    Comment added February 29, 2024 12:16pm

  • EF

    Please don’t outlaw outdoor smoking in nyc. It’s safe and enjoyable and there’s no reason to not allow it. It will hurt my favorite restaurant which has many customers who come to enjoy their outdoor seating and have a cigarette!

    Comment added February 29, 2024 9:41pm

  • Noe dominguez

    Please don’t outlaw outdoor smoking in nyc. It’s safe and enjoyable and there’s no reason to not allow it. It will hurt my favorite restaurant which has many customers who come to enjoy their outdoor seating and have a cigarette”.

    Comment added February 29, 2024 10:43pm

  • Alina Iulea

    Please don’t outlaw outdoor smoking in NYC. It’s safe and enjoyable and there’s no reason to not allow it. It will hurt my favorite restaurant which has many customers who come to enjoy their outdoor seating and have a cigarette.

    Comment added March 1, 2024 12:35am

  • Jose J Torres

    think it’s fine, it’s the most convenient thing for restaurants

    Comment added March 1, 2024 7:10pm

  • José J Torres

    “Please don’t outlaw outdoor smoking in nyc. It’s safe and enjoyable and there’s no reason to not allow it. It will hurt my favorite restaurant which has many customers who come to enjoy their outdoor seating and have a cigarette”.

    Comment added March 1, 2024 8:41pm

  • Mario Flores

    Please don’t outlaw outdoor smoking in nyc. It’s safe and enjoyable and there’s no reason to not allow it. It will hurt my favorite restaurant which has many customers who come to enjoy their outdoor seating and have a cigarette.

    Comment added March 2, 2024 3:42pm

  • Abdellatif Zegrani

    Seriously? Please. Don’t do this. Summer is coming .there is already too many rules. It s going to hurt a lot of businesses.i do not see how somebody
    Smoking in open air can bother somebody. There is more serious problems in this city and more building

    Comment added March 2, 2024 7:15pm

  • Ernesto paz

    “Please don’t outlaw outdoor smoking in nyc. It’s safe and enjoyable and there’s no reason to not allow it. It will hurt my favorite restaurant which has many customers who come to enjoy their outdoor seating and have a cigarette”.

    Comment added March 2, 2024 11:49pm

  • Héctor Flores

    Please don’t outlaw out door smoking NYC.its safe and enjoyable, and there it’s no reason to not allow it, will hurt my favorite restaurant which has many customers who come to enjoy outdoors seating and enjoy a cigarette

    Comment added March 3, 2024 12:51pm

  • Mia Mclean

    I fully support the repeal of the waiver, and hope it will be accompanied by a campaign to ensure that both customers and businesses are aware and follow the Law.

    Comment added March 12, 2024 5:23pm

  • PK

    Half the comments here are just copy/pasted from the same person or company.

    First, no smoking is not “safe”. Definitely not for the smoker, and not for people sitting next to them. For example, in this study (https://www.ncbi.nlm.nih.gov/pmc/articles/PMC3404659/), they concluded:

    “Salivary cotinine and urinary NNAL increased significantly in nonsmokers after outdoor SHS exposure. Our findings indicate that such exposures may increase risks of health effects associated with tobacco carcinogens.”

    Smoking should absolutely be banned where your neighbors may be stationary. This is why we already banned it in parks and beaches. The fact that we’ve allowed it in outdoor dining areas this long is already a travesty.

    Comment added March 14, 2024 3:57pm

  • Colin Welker

    Please see the attached pdf.

    Comment attachment
    NYC-Hearing-Written-Comment-.pdf
    Comment added March 14, 2024 4:29pm