Fort Collins' Smoking Ordinance
Frequently Asked Questions and Answers

General Public | Business Owners

1. When did the Fort Collins Smoking Ban go into effect?
October 1, 2003.
Smoking is prohibited in:

Read the entire ordinance (pdf)

2. How is the Smoke-free Fort Collins law enforced?
Many community members and organizations worked with the City of Fort Collins to develop an educational campaign called “A Change in the Air” to remind and inform the public of the law. Some things you can do to ensure your employees and customers are aware of the law include:

• Inform customers and employees of the law.
• Develop personnel procedures, which include when and where smoke breaks can be taken and what happens should an employee violate the law.
• Post "No Smoking" signs in prominent places, such as entrances and restrooms.
• Remove indoor ashtrays.
• Train employees about the law, including what to say to customers who smoke inside, for example: "In accordance with Fort Collins law, this establishment is smoke-free."

3. What do I do if someone is smoking in my establishment?
If you or your staff observe someone smoking inside your establishment, ask the person not to smoke indoors. Suggest the person smoke outside and remind them that Fort Collins law prohibits smoking in indoor public and work places. You may provide an area outside of your establishment for smokers as long as it is 20 feet from the entrance, operable windows, passageway and /or your ventilation system. If you have a customer who refuses to comply, you should ask the person to leave your establishment in order to avoid being in violation of the requirement that your establishment be smoke-free. If they refuse, call the Fort Collins police for assistance.

4. Who is responsible for violations of the smoking law?
If smoking is allowed to continue in an establishment or place of employment, including a restaurant or bar, citations may be issued to any number of persons involved, including the business owner, the manager, the operator on duty, and the person smoking. Violation of the City Code is a misdemeanor charge that may result in a monetary fine or other consequences. As with any local ordinance, a violation of the City Code could result in a fine of up to $1,000 per day or up to 180 days in jail. Each day that an establishment, a place of employment, or an individual smoker fails to comply may be considered a separate violation.

5. What do bars and restaurants need to do to comply with the law?
All establishments are required to eliminate smoking completely in their place of business or employment (with the exception of limited circumstances highlighted below). Ashtrays must be removed and “no smoking” signs must be posted at every entrance to the business (minimum size is 20 square inches; sign must include international no smoking symbol and be hung between 4-6 ft. above the floor).

Smoking may be allowed in patio areas if they are located 20 feet away from entrances, passageways, ventilation systems and operable windows. A 20-foot perimeter around these listed places must be kept smoke-free.

6. Where is smoking allowed?
Smoking is allowed in unenclosed public places outside of the smoke-free perimeter, in certain specified public places, and in places that do not constitute a public place or place of employment as defined in the Code. There is a short list of venues in which smoking may be allowed, including:

• private functions (those that are closed to the general public)
• up to 25% of guest rooms in hotels/motels (public areas must be smoke-free)
• outdoors, including outdoor places of employment (except within the smoke-free perimeter)
• private residences, except those used as care facilities or home businesses that are open to the public
• tobacco retail stores (restrictions apply-for questions call Neighborhood Services at 224-6046)