Bars and Restaurants 
Minnesota Clean Indoor Air Act

Bars and restaurants are both public places and places of employment. The Minnesota Clean Indoor Air Act (MCIAA) bans smoking and vaping in indoor areas. 

Responsibilities of management

Employers and facility managers play an important role in controlling smoking inside of their business. In general, they are required to: 

• Make reasonable efforts to prevent indoor smoking.
• Post "No Smoking" signs.
• Ask a person smoking indoors to stop and leave if they refuse to do so.
• Use lawful methods consistent with handling individuals who refuse to comply.
• Refrain from providing ashtrays and other smoking equipment.
• Refuse to serve noncompliant persons.

Definition of "Indoor Area"

Space is considered indoors if it is at least 50% enclosed by walls, doorways or windows (open or closed). It must have a ceiling. Temporary materials like plastic sheeting or a retractable divider are considered walls. A standard window screen is not a wall.

Restaurants and bars cannot allow smoking in separate "smoking shacks" or on enclosed patios. If a business wants to allow smoking on a patio, it needs to be at least 50% open and it cannot be temporarily enclosed in plastic sheeting during the winter.

Outdoor smoking

The MCIAA applies only to indoor smoking. The law does not require a person to stand a certain distance from building openings to smoke. Some local counties and cities have ordinances that require a distance from the building. It is important to make sure signage reflects both the MCIAA and local ordinances.

Compliance and enforcement

The Minnesota Department of Health (MDH) enforces the MCIAA and may delegate compliance activities to local governments. Food, pools, and lodging inspectors also can enforce the MCIAA. Local law enforcement has the authority to issue petty misdemeanor citations to businesses and people who knowingly fail to comply with the MCIAA.

Retaliation prohibited

An employer, manager or other person in charge cannot fire, refuse to hire, penalize, discriminate or retaliate against an employee, applicant, or customer who exercises any right to a smoke-free environment provided under the MCIAA.