Can You Smoke in Bars in South Carolina? City Bans and Fines

Whether you can smoke in bars in South Carolina depends on the city, not the state. South Carolina has no statewide ban on smoking in bars, but roughly 62 percent of South Carolinians who live in cities and towns are covered by a local smoke-free ordinance that does prohibit it.¹ In downtown Charleston, Columbia, or Greenville, the answer is no. In an unincorporated stretch of highway outside those cities, the answer is often yes.

Why State Law Doesn’t Ban Smoking in Bars

The South Carolina Clean Indoor Air Act of 1990, in Title 44, Chapter 95 of the state code, bans smoking only in a specific list of indoor spaces: public schools and preschools, licensed childcare facilities, healthcare facilities, government buildings, elevators, public transit (except taxis), theater and performing arts auditoriums, and buildings owned or operated by public colleges and universities.² Bars and restaurants are not on that list. Under state law by itself, a bar owner is free to allow smoking indoors, though the Act requires visible signage marking smoking and nonsmoking areas where smoking is permitted.³

Cities That Prohibit Smoking in Bars

Section 44-95-170 of the Clean Indoor Air Act preserves local authority, so cities and counties are free to go further than the state.⁴ Charleston, Greenville, and Columbia all passed comprehensive smoke-free workplace ordinances between 2007 and 2008, and dozens of other municipalities have followed.¹ Greenville’s ordinance prohibits smoking in all enclosed public places, including bars and restaurants, in all workplaces, and in certain outdoor venues like stadiums and zoos.⁵

Greenville’s ordinance was challenged shortly after passage. The South Carolina Supreme Court upheld it unanimously in 2008, finding that the state legislature had not occupied the field and that a local civil ordinance adding restricted areas does not conflict with state law.⁵ That ruling is why local bans in South Carolina have stuck. Before deciding to smoke in a bar, check the ordinance for the specific city or county where the bar sits.

Private Clubs

Some establishments avoid local smoking bans by qualifying as private clubs under South Carolina law. A private club uses its building exclusively for club purposes, operates for a recreational, fraternal, social, or similar purpose rather than for profit, sells alcohol only as a side activity, is governed by a board or executive committee elected by members, has its own bylaws, and holds a federal 501 tax exemption.⁴ These places are not open to walk-in customers; membership usually involves an application and dues. An establishment that claims private-club status but operates like an ordinary bar with no real membership barrier risks losing the exemption.

Cigar Bars

There is no statewide cigar bar exception. A bill to add one to the Clean Indoor Air Act was introduced in the 2013-2014 legislative session and did not become law. Some cities have carved out narrow exemptions on their own; Charleston updated its ordinance in 2019 to address cigar bars. In cities without a specific carve-out, the local smoking ban applies to cigar bars the same as to any other bar. Whether a particular cigar lounge is legal comes down to the ordinance where it operates.

Vaping and E-Cigarettes

The state Clean Indoor Air Act only reaches “lighted smoking material,” which means traditional cigarettes, cigars, and pipes.² Vaping devices are not covered. Local ordinances often are broader. Columbia’s smoke-free ordinance covers e-cigarette use in workplaces, restaurants, bars, and gambling facilities.

A 2023 state law, Section 44-95-45, blocks local governments from regulating the ingredients, flavors, or licensing of tobacco and e-cigarette products, but it expressly preserves a city’s authority to set “public-use policies” for those products.² Cities can still ban indoor vaping. If you vape, check the local ordinance rather than assuming the state-level gap covers you.

Outdoor Patios

In cities with indoor bans, outdoor spaces are the usual compromise. Most local ordinances allow smoking on genuinely open-air decks and patios that are not enclosed by permanent walls or a roof. Some require a buffer distance between the smoking area and the building’s entrances or air intake vents. Federal property uses a 25-foot buffer from doorways as a reference point, and local requirements vary.⁶

What a Violation Costs

Under the state Clean Indoor Air Act, smoking in one of the specific locations the statute covers is a misdemeanor punishable by a fine of $10 to $25.² That penalty has not been updated since 1990 and does not apply to bars in any event.

Local ordinances hit harder. Greenville treats violations as civil infractions rather than criminal offenses, which is what allowed the ordinance to survive the state’s constitutional requirement of uniformity in criminal law.⁵ Fine amounts vary by city and typically apply to both the smoker and the business owner who fails to enforce the ban. Repeat violations can escalate. Because each municipality writes its own enforcement provisions, the only way to know the exact exposure at a given bar is to read the ordinance for that jurisdiction.

1
South Carolina Department of Public Health. SC Smoke-Free Workplace Ordinances
2
South Carolina Legislature. South Carolina Code Title 44 Chapter 95 – Clean Indoor Air Act
3
South Carolina Legislature. South Carolina Code 44-95-30 – Designation of Smoking and Nonsmoking Areas
4
South Carolina Legislature. South Carolina Code Title 44 Chapter 95 – Clean Indoor Air Act
5
South Carolina Judicial Department. Foothills Brewing Concern Inc. v. City of Greenville
6
U.S. Office of Personnel Management. Health and Wellness – Smoking Restrictions for Outside Areas Around Federal Buildings