How does the new Freedom to Breath Act impact smoking on outdoor patios of bars and restaurants?
The FTB amendments to the MCIAA prohibits smoking in indoor areas of bars and restaurants. It does not regulate any aspect of outdoor smoking. As such, the answer to the question hinges on whether the patio is considered an indoor area or outdoor area. If the patio in question has a floor and ceiling, it is considered an indoor space if more than 50% of the surface area of the wall space (vertical planes of the perimeter) is solid (including windows ‑ open or closed). Standard window screen material does not count as a solid material.
