Can customers smoke on my patio or outdoor seating area?
A. The State Department of Community Health has published guidelines that state smoking is not allowed on patios and outdoor foodservice areas. However, the MLBA is currently examining all aspects of the new law to determine the legality of outdoor service. Due to conflicting interpretations of the legislation itself, we are awaiting more information and legal opinions regarding whether or not smoking will be allowed on patios and outdoor areas that are licensed for foodservice. There is agreement that a patio that DOES NOT have a food license extension would able to allow smoking, but no food or alcohol service can be allowed (this includes prohibiting individuals from bringing alcohol onto said patio). Please note that the determining factor is where your business is licensed to serve, so simply deciding not to serve food on your patio does not mean your patrons may smoke there. We are working around the clock with different state departments, attorneys, and other interested parties
