Introduction

Outdoor patios are one of the seven exemptions of the Smoke-Free Arizona Act A.R.S. § 36-601.01(“the Act”); therefore,  smoking is allowed on outdoor patios. Many proprietors in Arizona choose to offer outdoor patios for their visitors, employees, or other patrons due to the beautiful Arizona weather. Restaurants and bars are some common examples of establishments that offer outdoor patio seating. This trend is so popular that more and more proprietors are also offering outdoor patios for their visitors, employees, and other patrons to enjoy.

On the other hand, keep in mind that a proprietor may designate the outdoor patio as non-smoking. "Proprietor" means an owner,operator,manager, or other person in control of a public place or a place of employment

Outdoor Patios

For an area to be designated as an outdoor patio where smoking is permitted, the area must meet the requirements defined in the rules A.A.C. R9-2-108. This area must be a contiguous area of the public place or place of employment and controlled by the proprietor of the public place or place of employment. This patio area must have at least one side that consists of:

• Open space;
• Permeable material;
• A combination of open space and permeable material; or
• A combination of open space, permeable material, and a non-permeable wall that is not higher than three and one-half feet or the minimum height required by an applicable local ordinance or building code, whichever is greater; or
• Have no overhead covering or an overhead covering that consists of:

  a. Permeable material, or

  b. A combination of open space permeable material.

If a proprietor designates an area as an outdoor patio where smoking is permitted, the proprietor shall not permit tobacco smoke to drift into areas where smoking is prohibited through entrances, windows, ventilation systems, or other means.

Outdoor Patios and the 20 Foot Rule

If an outdoor patio is less than 20 feet from any entrance, open window, and ventilation system of an establishment, smoking is still allowed, but only if the proprietor uses a method that:

• Provides a smoke-free entrance into the establishment
• Does not permit tobacco smoke to drift into the establishment through entrances, open windows, ventilation systems, or other means

This means that if an outdoor patio of a public place or place of employment is located within 20 feet of any entrance, open window, or ventilation system, smoking is allowed anywhere on this outdoor patio as long as tobacco smoke does not enter into the enclosed area.

In order to prevent smoke from drifting into the establishment, some proprietors have chosen to use methods or a combination of methods such as, but not limited to, air curtains, physical barriers, fans, or blowers. Please keep in mind that these methods are only examples and not a requirement of the Act.

For more information regarding outdoor patios, call the Smoke-Free Arizona Program at 1-877-AZ STOPS (1-877-297-8677).

Compliance

County Health departments will investigate complaints about the Act. Please keep in mind that Smoke-Free Arizona Program officials can only enforce the provisions defined in the Act. This means that Smoke-Free Arizona Program officials do not enforce local ordinances or in-house smoking policies.