Legislation that bans smoking in restaurants and most other buildings and workplaces in Massachusetts was passed by the legislature and the Governor has signed it into law. This statewide smoking ban becomes effective on July 5, 2004, and applies to restaurants in all Massachusetts cities and towns regardless of whether they currently ban or restrict smoking.

The ban will apply to restaurants, cafes, coffee shops, food courts, bars, taverns or any other place where food or drink is sold. Smoking may be permitted in an outdoor area if the area is not enclosed by a wall or side covering and is physically separated from any enclosed workspace so that smoke cannot migrate from the outdoor area to the enclosed area. Windows, doors or the like between the outdoor space and enclosed space must be closed. If they are not closed, or otherwise do not prevent the migration of smoke into the enclosed area, the outdoor area will be considered part of the enclosed workspace where no smoking is permitted.

Smoking will be permitted in a "Smoking Bar" which is an enclosed indoor space that primarily sells tobacco products for consumption by its customers on the premises. To qualify as a "Smoking Bar," the revenue generated from only the sale of tobacco products must be at least fifty-one (51%) percent of the total combined revenue generated by the sale of tobacco products, food and beverages. A smoking bar must prohibit entry to anyone under age eighteen (18), have a permit from the city or town to sell tobacco products and a permit from the Massachusetts Department of Revenue to operate a smoking bar.

The owner, manager or person in control of the restaurant will be responsible to ensure compliance with the smoking ban and is subject to fines for each day of noncompliance. In the event of repeated failure to comply with the ban, or if the restaurant demonstrates egregious noncompliance, the local board of health may revoke or suspend a restaurant's license. The board of health in each city or town, state department of public health, local inspection department, a city or town, the state Alcoholic Beverages Control Commission (ABCC) and, in Boston, the Commissioner of Health are all authorized to enforce the ban.