The Governor says the State's Health department will enforce it during restaurant inspections throughout the Commonwealth. Local police will issue the fines.
But CBS 6 found one smoker helping area restaurant owners stay in business.
"If you don't like the food, you're not coming in. If you don't like that it's non-smoking you're not coming in." says Moe Marchetti. He is a long time smoker and is not happy with the statewide smoking ban.
"We're adults. We don't really need the Commonwealth of Virginia, saying you can't run with scissors. If I want to make that choice as an adult, that's what I need to do," said Marchetti.
So, Marchetti created a website that tracks area restaurants not complying with the state law who still allow people to light up. He wants to make it easier for other smokers.
"People get frustrated because they need a place to eat, they really want to go to a place that caters to their likes. That's what everybody does," said Marchetti.
Under the new state law, you can no longer light up in a Virginia restaurant unless it has a separate ventilated room for smoking. But the question now is who will actually enforce it? That's up to area health departments.
"The environmental specialists are routinely in every restaurant at least twice a year inspecting these facilities to make sure they are storing, serving, preparing food in a safe manner. They'll just add to their book whether there's proper signage, whether there's ashtrays or people smoking in the restaurant," said Richmond City Health District Director, Dr. Donald Stern.
The State Code says a restaurant owner who fails to comply with the smoking ban will be subject to a $25 fine. A patron faces the same fine, if they're caught smoking in a non-smoking area. Local police departments will cite those violators.
The money from those fines will benefit the Virginia Health Care Fund.
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