I have searched the web but can't come up with any complete explanation of the following. Is smoking allowed at restaurant tables that are outside on patios, or at a bar that is "outside" but has a compete roof over it?
I believe that it all depends on the proximity of the outdoor space to doors and/or windows that lead into the main areas of the restaurant that would be non-smoking.
My reason for asking is that my wife and I went to lunch at The Inlet Cafe on Friday. As we were finishing our lunch and waiting for the check I got a whiff of cigarette smoke. Glancing around we noticed two women two tables away both smoking. Since we were leaving I didn't have a need to ask if it was allowed, but if it had not been breezy I could see it being bothersome if we had just arrived. As we were leaving I noticed someone in the "outside" bar also smoking. So, naturally I was just curious and tried to find the answer on the internet when we got home.
In NJ, it looks like the law applies only to indoor public restaurants and bars.
Notable exclusions with respect to public spaces:
- smoking is prohibited in all indoor and outdoor areas at all elementary and secondary schools;
- the law does not apply to cigar bars / lounges (deriving at least 15% annual revenue from on-site related sales);
- the law does not apply to tobacco retail establishments;
- the law does not apply to casino facilities above a certain size;
- the law permits hotels and motels to allow smoking in up to 20% of the guest rooms