Recent news reports about business defying Birmingham’s smoke-free ordinance have raised questions in the community. The Health Action Partnership offers help to individuals and companies looking for information about the rules and how to report violations. The most commonly asked questions and answers are below.
Q: What cities are affected by the smoke-free ordinance?
A: The local ordinance passed by the Birmingham City Council does not apply to Birmingham’s suburbs or anywhere outside of Birmingham city limits. Other municipalities have similar laws.
Q: Where is smoking prohibited?
A: The ordinance prohibits smoking in all enclosed public spaces within the city of Birmingham. This includes bingo halls, private clubs, any enclosed city property, nursing homes, offices, taxis, buses, restaurants, most bars (except certain tobacco stores, or cigar/hookah bars), hotels and motels, polling places, and parking decks. Outdoor arenas, stadiums and amphitheaters are also smoke free within 30 feet of the bleachers or grandstands.
Q: Can people smoke outside?
A: Smoking is off limits within seven feet of the entrance of an enclosed public space, bus shelter or bus station, or other public transportation platform. Outside seating or serving areas of restaurants and bars located on public property (such as city sidewalks) are also smoke-free zones.
Q: Who enforces the smoke-free ordinance?
A: County health officers, fire marshals, and police officers are allowed to enforce the smoke-free ordinance. Owners, operators, managers and employees of establishments where smoking is prohibited should instruct customers not to smoke on the premises, and to ask them to leave if they refuse to stop smoking. Businesses that allow customers to violate the smoke-free ordinance can face severe penalties, including the loss of a business license.
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