I am sure that local laws permit the smokers to indulge in their activity outdoors and their being outdoors -- as the OP noted -- would put the guests in accord with the hotel's smoking policies as they were probably not engaging in their habit in contravention of the hotel's rules (definition of premises probably relates to rooms, not common areas that are outdoors), thus the cleaning fees would not be applicable.

I do not smoke and I applaud the expansion of no-smoking areas, etc., but the hotel could do nothing as those smokers were probably complying with the hotel's policies and local ordinances.

This example is different than someone being permitted to smoke in a smoking room (a non-Marriott property) but yet the ventilation system connects all rooms and therefore smoke could come into a non-smoking room -- in that case, the hotel should try to do something about the non-smoker's situation.

However, other than moving the OP to another room that may not be subject to the smoke from outdoors -- and I assume that she could not use her patio as she wished because of the smoke, and not her room, there was very little the hotel could do in the above situation related by the OP.