CHAPTER 7
NO SMOKING
ARTICLE 4. REGULATION OF SMOKING IN PLACES OF EMPLOYMENT1
SECTION:
§4504 Regulation Of Smoking In Places Of Employment
§4504.5 Tobacco Vending Machines
§4504.6 Self-Service Merchandising Prohibited
§4504.7 Sale Of Tobacco Products To Minors
§4505 Areas Where Smoking Is Not Regulated
§4504 REGULATION OF SMOKING IN PLACES OF EMPLOYMENT
A. It shall be the responsibility of employers to provide a smoke-free work place for all employees, but employers are not required to incur any expense to make structural or other physical modifications.
B. Within ninety (90) days of the effective date of the amendments to Chapter 7, Division 5 of this Code, each employer having an enclosed place of employment located within the City shall adopt, implement, make known and maintain a written smoking policy which shall contain the following requirements:
Smoking shall be prohibited in all enclosed facilities within a place of employment without exception. This includes common work areas, auditoriums, classrooms, conference and meeting rooms, private offices, elevators, hallways, medical facilities, cafeterias, employee lounges, stairs, rest rooms, company owned or leased vehicles, and all other enclosed facilities.
C. The smoking policy shall be communicated to all employees within three (3) weeks of its adoption.
D. All employers shall supply a written copy of the smoking policy, upon request, to any existing or prospective employee.
E. It shall be unlawful and constitute a violation of this Chapter for any employer to fail to adopt the policy required by this Section or for any person to violate the policy. (Ord. 942, §1, adopted 1993)
§4504.5 TOBACCO VENDING MACHINES
Except as otherwise provided in this section, no person, business or tobacco retailer shall locate, install, keep, maintain or use or permit the location, installation, keeping, maintenance or use on his, her or its premises any tobacco vending machine for the purpose of selling or distributing any tobacco product. Cigarette vending machines located in areas from which individuals under twenty-one (21) years of age are prohibited shall be exempt from this restriction. Any cigarette vending machine located in such an area must be placed thirty feet (30') or greater from the entrance to such an establishment. Any tobacco vending machine in use on the effective date of this article shall be removed within thirty (30) days after the effective date of the amendments to this chapter. (Ord. 942, §1, adopted 1993; Ord. 1232, §5, adopted 2023)
§4504.6 SELF-SERVICE MERCHANDISING PROHIBITED
It shall be unlawful for any person, business or tobacco retailer to sell, permit the sale, offer for sale or display for sale tobacco products by means of self-service merchandising or by means other than vendor-assisted sales. Cartons of cigarettes, multi-container packages of smokeless tobacco, cigars and pipe tobacco are exempt from this regulation. (Ord. 942, §1, adopted 1993)
§4504.7 SALE OF TOBACCO PRODUCTS TO MINORS
A. Any person, business, tobacco retailer or other establishment subject to this article shall post plainly visible signs at the point of purchase of tobacco products which state:
THE SALE OF TOBACCO PRODUCTS TO PERSONS UNDER TWENTY-ONE YEARS OF AGE IS PROHIBITED BY LAW, PHOTO ID IS REQUIRED.
The letter of said sign should be at least one-quarter inch (1/4") high.
B. No person, business, tobacco retailer or owner, manager or operator of any establishment subject to this article shall sell, offer to sell or permit to be sold any tobacco product to an individual without requesting and examining identification establishing the purchaser’s age as twenty-one (21) years or greater unless the seller has some reasonable basis for determining the buyer’s age. (Ord. 942, §1, adopted 1993; Ord. 1232, §5, adopted 2023)
§4505 AREAS WHERE SMOKING IS NOT REGULATED
A. Notwithstanding any other provision of this chapter to the contrary, the following areas shall not be subject to the smoking restrictions of this chapter:
1. Private residences, except when used as a child care or health care facility. Single person businesses conducted from private residences shall not be subject to smoking restrictions.
2. Retail tobacco stores.
3. Hotel and motel rooms rented to guests; provided, that the owners or managers of the hotel or motel designate at least seventy percent (70%) of the guest rooms as smoke free.
4. Patient smoking areas in long-term health care facilities, as defined in section 1418 of the California Health and Safety Code.
5. On a stage when smoking is part of the stage production.
B. Notwithstanding any other provision of this section, any owner, operator manager or other person who controls any establishment described in this section may declare that entire establishment as a nonsmoking establishment, or may designate certain rooms as no smoking areas. It shall be unlawful and constitute a violation of this chapter for any person to smoke in violation of any policy adopted under this subsection B; provided, signs declaring the area a "No Smoking Area" are conspicuously posted in that area as required by section 4506 of this code. (Ord. 942, §1, adopted 1993; Ord. 1232 §5, adopted 2023)
Ord. 671, §1, adopted 1975; repealed by Ord. 760, adopted 1981.