FAQ: Smoking in public places and places of employment

There is no safe level of secondhand smoke exposure; even brief exposure can cause immediate harm. Health impacts caused by secondhand smoke include coronary heart disease, stroke, lung cancer, adverse reproductive health effects in women, including low birth weight. Infants exposed to secondhand smoke are more likely to die from sudden infant death syndrome (SIDS) than infants who are not exposed to smoke from commercial tobacco products. Secondhand smoke can also trigger asthma attacks and cause other health problems in children.
For more information on secondhand smoke:

• Health problems caused by secondhand smoke (CDC)
• The Health Consequences of Involuntary Exposure to Tobacco Smoke (Surgeon General Report)

State law and BOH code prohibit smoking in all public places and places of employment.

A public place means any portion of any building or vehicles used by and open to the public. A public place also includes areas within twenty-five feet from entrances, exits, windows that open, and ventilation intakes that serve an enclosed area where smoking is prohibited.

Examples of public places include (but are not limited to):

• Schools;
• Public transportation (such as buses, taxis, light rail, Uber);
• Museums, concert halls, theaters and auditoriums, exhibition halls;
• Hospitals, nursing homes, health care facilities, clinics;
• Restaurants, bars, taverns, bowling alleys, skating rinks, and casinos.

A business is open to the public if it implicitly or explicitly invites entry or use by the public. A business is likely to be open to the public if any of the following are true:

• The business promotes itself through advertising to the general public;
• The business posts signs indicating it is open to the general public;
• The business is affiliated with a commercial business that sells tobacco products; and/or
• The business permits entry to people who do not meet selective, restrictive and limited criteria for entry.

A place of employment is any area under the control of an employer that employees are required to pass through during the course of employment. This includes entire outdoor areas such as patios or other service areas. A place of employment also includes twenty-five feet around entrances, exits, windows that open, and ventilation intakes that serve an enclosed area where smoking is prohibited.

Employees include people who work for an employer in exchange for wages or profit, people who volunteer their services to an employer, and people who perform work at the direction of an employer.

• Businesses: Public Health – Seattle & King County has authority over businesses that are not prohibiting smoking in in public places (buildings/businesses open to the public) and places of employment (areas where employees work).
• People smoking: Local police departments have authority over people who may be smoking within areas protected by the law.

Please include the establishment name, date of violation, and a brief description of what you observed using our online form or send a text: 206-745-254.

Business owners and employers must prohibit smoking from all public places and places of employment and post signs prohibiting smoking at each building entrance and, in the case of retail stores and retail service establishments, in prominent locations throughout the place. If you see someone smoking, please ask them to extinguish their smoking material and do not continue to serve them if they do not comply.

Signs may be downloaded and printed from our signs and infographics webpage.

A warning is issued the first time a business is found to be in violation. Each subsequent violation is subject to a civil penalty of up to $100. Civil penalties for violations that occur at large event venues are assessed at a rate of $100 for every 1,000 persons lawfully permitted to assemble at the venue.

The Health Department is authorized to charge a re-inspection fee for certain inspections. A fee will be assessed according to the schedule below.