• Smoking is banned in Delaware restaurants.no smoking image by Alex White from Fotolia.com
  
  In answer to those people who are convinced that smoking is bad for your health, Delaware signed a strict nonsmoking bill into law in 2002. It helped that three out of four residents of the state are nonsmokers who believe they should not be obliged to breathe other people's smoke. Furthermore, there is a hot line available where a citizen can document a smoking violation. It was the intent of Delaware's legislature to make the state's air cleaner, particularly indoors.
  
  

Places Serving Food

• The statute prohibits anyone from smoking inside any place that is open to the public and the primary business is selling food that is to be eaten there. The Delaware ban restricts smoking in cafeterias, coffee and sandwich shops, places that have short order menus, restaurants, fast-food restaurants, and food booths at fairs. As the legislature put it, the law embraces all "food service establishments."
  
  

Bars

• In Delaware, it is unlawful to smoke in taverns or bars that are in business to sell alcoholic libations for consumption on the premises, and food service to patrons is secondary. The Delaware Alcoholic Beverage Control Commission considers all taprooms and taverns as "bars" for the purposes of this statute, so there are few, if any, exceptions.
  
  

Exceptions

• If a volunteer firefighter organization or a fraternity holds fundraisers at restaurants or bars, those events will be exempted, so attendees are allowed to smoke. Also, if any kind of private social event, to which the public will not be invited, is held at a restaurant or bar, it too will be exempt.
  
  

Fines

• If you violate Delaware's Clean Indoor Act, you will pay a fine of $100 for the first offense. Subsequent offenses will cost a minimum of $250 each. Finally, if a restaurant has an area where smoking is permitted, the owner must post a sign in a conspicuous place that smoking is permitted there. The legislature reasoned that nonsmokers can avoid such an area if a sign is posted.