Smoke-Free Air Law Information

State Smoke-Free Air Law

The smoke-free air law covers all indoor areas where employees or the public gather.

Where You Cannot Smoke in Wisconsin  

• Restaurants and taverns
• Hotels, motels, and bed & breakfasts
• Educational facilities
• Private clubs
• Government buildings and state institutions
• Correctional facilities
• Sports arenas of all kinds, whether the structure is enclosed or not.
• Health and medical facilities, including inpatient health care facilities
• Residence halls of college & university campuses
• Common areas of multi-unit apartment buildings
• Theaters
• Child care centers
• Public transportation
• All other enclosed workplaces and enclosed places where the public is invited

Role of people in charge

• Do NOT provide matches, lighters, or ashtrays for patrons
• Must post an adequate number of no smoking signs
• If someone still tries to smoke, the person in charge should:
  • Ask the person to stop smoking
  • If they don’t stop, refuse them service and ask the person to leave
  • If they do not leave, notify law enforcement
• If these procedures aren’t followed:
  • The person in charge will get a warning
  • The establishment will get a maximum fine of $100 per day (regardless of the number of violations)

Enforcement

If a person in charge of a business doesn’t follow the procedures above, call local police.

You can also make a complaint at:

• www.wibettersmokefree.com
• 1-800-NO-SMOKE

Failure to follow the law

• Local law enforcement officers have the right to enforce Wisconsin’s smoke-free air law. Businesses that allow smoking will be fined $100 per day (maximum). Individuals will be fined $100-$250.
• Individuals can be fined multiple times each day. Businesses can only be fine once a day.
• Individuals and businesses may also have to pay court costs. Depending on location, they range from $89-$163.50.

Resources

Get more information and signs for businesses at Wisconsin's Workplaces are Smoke-Free.

Local Smoke-Free Air Laws

Some communities in Dane County have  stronger local laws in areas the law allows.

Dane County

• Dane County (non-incorporated areas) - Includes electronic delivery devices (vape products) for all workplaces.
• Madison - State Law with additional regulations for definition of enclosed area. Also includes electronic delivery devices (vape products) for all workplaces. 
  Smoke Free Signage for City of Madison Establishments that includes electronic delivery devices.
• Oregon - Includes electronic delivery devices (vape products) for all workplaces.
• Middleton - Includes 15 ft. distance from any public (government) building entrance, window, or ventilation intake. Also includes electronic delivery devices (vape products) for all workplaces.
• Stoughton - Includes electronic delivery devices (vape products) for all workplaces.
• Verona - State Law with additional regulations for definition of enclosed area. Includes smoke-free parks.
• Waunakee - Includes electronic delivery devices (vape products) for all workplaces.