Goleta Municipal Code Ch. 8.15 Smoking

The words, terms, phrases, and their derivations set forth in this chapter have the meanings set forth below.

"Bar"

means any business licensed or required to be licensed by the Department of Alcoholic Beverage Control for alcoholic beverage on-sale privileges as a “public premises” as defined by the California Business and Professions Code.

"Customer service area"

means any enclosed area of any business or public place to which this chapter is applicable and to which customers or members of the public have access, including, but not limited to, hallways, waiting areas, lobbies, entrances and exits, or portions of a dining area not occupied by counters or tables.

"Dining area"

means any enclosed area containing a counter or tables upon which food is served.

"Employee"

means any person who is employed by any employer in consideration for direct or indirect monetary wages or profit and any person who volunteers his or her services for a nonprofit entity.

"Employer"

means any person, partnership, firm, or corporation, including public and nonprofit entities, which employs any person other than an owner of the entity.

"Enclosed area"

means all space between a floor and ceiling, which is enclosed on all sides by solid walls, windows, or doors, which extend from the floor to the ceiling, including all space therein screened by partitions which do not extend to the ceiling or are not solid. (For the purposes of this chapter, the term “enclosed” or “enclosed facilities” shall refer to an “enclosed area.”)

"Place of employment"

means an enclosed area under the control of any employer which employees normally frequent during the course of employment, including, but not limited to, work areas, employee lounges and restrooms, conference and class rooms, employee cafeterias, hallways and employer-furnished motor vehicles. A private residence is not a “place of employment” unless it is a child care, health care, board and care, or community foster care facility as such terms are defined by the California Health and Safety Code.

"Private smokers’ lounge"

means any enclosed area in or attached to a retail or wholesale tobacco shop that is dedicated to the use of tobacco products, including, but not limited to, cigars and pipes.

"Public place"

means any area to which the public is invited or in which the public is generally permitted. For the purposes of this chapter, a private residence is not a “public place,” except when the residence is used as a child care, health care, board and care, or community foster care facility as such terms are defined by the California Health and Safety Code.

"Recreational area"

means any outdoor area, owned or operated by the City of Goleta, open to the general public for recreational purposes, regardless of any fee or age requirement, including, but not limited to: parklands, portions of parks, such as picnic areas, playgrounds, tot-lots, or sports fields; walking paths; gardens; hiking trails; bike paths; horseback riding trails; athletic fields; skateboard parks; amusement parks; and beaches.

"Restaurant"

means any coffee shop, cafeteria, luncheonette, sandwich stand, soda fountain, private or public school cafeteria or eating establishment, boardinghouse, or guest home, which gives or offers for sale food to the public, which is not licensed or not required to be licensed by the Department of Alcoholic Beverage Control for alcoholic beverage on-sale privileges.

"Restaurant-bar combination"

means any restaurant (as defined above) which is licensed or required to be licensed by the Department of Alcoholic Beverage Control for alcoholic beverage on-sale privileges as a “bona fide eating place” as defined by Section 23038 of the California Business and Professions Code.

"Retail or wholesale tobacco shop"

means any business establishment for which the main purpose is the sale of tobacco products, including, but not limited to, cigars, pipe tobacco, and smoking accessories.

"Service line"

means any line at which one or more persons are waiting for or receiving service of any kind, whether or not such service involves the exchange of money.

"Smoking" or to “smoke”

means inhaling, exhaling, burning or carrying any lighted pipe, cigar, cigarette, weed, plant or other combustible organic or chemical substance, the smoke or vapor emission from which is specifically designed or intended to be inhaled or drawn into the nose or mouth.

"Sports arena"

means any enclosed or open sports pavilion, gymnasium, health spa, stadium, boxing arena, swimming pool, roller and ice rink, bowling alley, and other similar place where members of the general public assemble either to engage in physical exercise, participate in athletic competition, or witness sports events, including the customer service areas, and the lobby, foyer, or concession-stand areas thereof.

"Tobacco product"

means any substance containing tobacco leaf, including but not limited to cigarettes, cigars, pipe tobacco, hookah tobacco, snuff, chewing tobacco, dipping tobacco, snus, bidis, or any other preparation of tobacco; and any product or formulation, including vaporizing products, of matter containing biologically active amounts of nicotine that is manufactured, sold, offered for sale, or otherwise distributed with the expectation that the product or matter will be introduced into the human body. “Tobacco product” does not include any cessation product specifically approved by the United States Food and Drug Administration for use in treating nicotine or tobacco dependence.

(Ord. 14-06 § 1)

A. Nothing in this chapter shall be construed to prohibit smoking or use of tobacco in any area in which such smoking or use of tobacco products is already prohibited by State or Federal law unless applicable State or Federal law does not preempt additional local regulation.

B. No person shall intimidate, threaten any reprisal, or effect any reprisal, for the purpose of retaliating against another person who seeks to attain strict compliance with this chapter.

(Ord. 14-06 § 1)

A. It is a violation of this chapter to smoke:

1. In all enclosed and nonenclosed areas of all buildings owned or leased by the City and vehicles owned, leased or operated by the City.

2. Within 20 feet of any entrance, exit or window of a building owned, leased or operated by the City.

B. It is a violation of this chapter to place ashtrays or any other receptacle used to dispose of burning tobacco products located within 20 feet of all enclosed areas of buildings owned or leased by the City and all vehicles owned, leased or operated by the City.

(Ord. 14-06 § 1)

It is a violation of this chapter to smoke in all enclosed and non-enclosed public places, and 20 feet therefrom, including, but not limited to, the following:

A. Restaurants, including customer service areas and outdoor seating sections, except that 25% of the outdoor seating sections of restaurants may be set aside and designated and maintained as smoking sections so long as:

1. The entire smoking section is in the same area;

2. The entire smoking section is located the furthest distance from the entrance of the building; and

3. The smoking section is clearly marked or labeled with signs.

B. Restaurant-bar combinations and bars, except that 25% of outdoor seating sections of restaurantbar combinations or bars are set aside, clearly marked and maintained as smoking sections before 10:00 p.m. and:

1. The entire smoking section is in the same area;

2. The entire smoking section is located the furthest distance from the entrance of the building; and

3. The smoking section is clearly marked or labeled with signs.

In addition, 100% of the outdoor seating areas of restaurant-bar combinations may be set aside and designated as smoking sections after 10:00 p.m.

C. Retail stores, enclosed or not.

D. Buses or other means of public transit, stops, depots, boarding and wait areas, enclosed or not.

E. Service lines, enclosed or not.

F. Enclosed common areas in apartment buildings, condominiums, housing developments, mobile home parks, retirement facilities and nursing homes.

G. Sports arenas, enclosed or not.

H. Lobbies in a hotel, motel or other similar transient lodging establishment.

I. Meeting and banquet rooms in a hotel, motel or other transient lodging establishment similar to a hotel or motel, restaurant, or other public convention center, including the corridors and pre-function areas adjacent to and serving the meeting or banquet room.

J. Polling places, enclosed or not.

K. Non-enclosed facilities used for exhibiting motion pictures, stage plays, dramas, lectures, musical concerts or other similar performances, including the lobby, foyer and concession stand areas. To the extent the act of smoking forms part of a dramatic live stage production, this chapter shall not be construed to prohibit the smoking of non-tobacco-product “stage cigarettes” or similar materials in the form of cigars or pipes.

L. Areas that share walls or the same air conditioning, heating, or other ventilation systems with other areas in which smoking is prohibited.

(Ord. 14-06 § 1)

A. Employers must provide and maintain a place of employment free of smoke for all employees, except as allowed by Section 8.15.070.

B. It is a violation of this chapter to smoke in any enclosed places of employment, or within 20 feet from any entrance thereto, except at:

1. Medical research or treatment sites if smoking is integral to the research and treatment being conducted;

2. Retail or wholesale tobacco shops;

3. Private smokers’ lounges; and

4. Cabs of motortrucks as defined in Section 410 of the Vehicle Code, provided those areas are not accessible to minors.

C. Any owner, operator, manager or other person who controls any establishment described in this section may declare the entire establishment to be a non-smoking establishment.

D. All employers shall supply a written copy of the smoking policy to any existing or prospective employee who so requests.

E. It is a violation of this chapter for any person or employer to discharge, refuse to hire or in any manner retaliate against any employee or applicant for employment because such employee or applicant exercises any rights to a smoke-free place of employment afforded by this chapter or because any such employee or applicant is in full compliance with this chapter.

(Ord. 14-06 § 1)

A. It is a violation of this chapter to smoke or use tobacco products anywhere in a recreational area except:

1. In camping parks; and

2. Within 30 feet of any park employee residence.

B. Other Requirements and Prohibitions.

1. No person may place an ash can, ashtray, or other smoking or tobacco product waste receptacle in any area in which smoking and the use of tobacco products are prohibited by this section.

2. No person shall permit smoking or use of tobacco products in an area under the person’s control in which smoking and use of tobacco products are prohibited by this section.

(Ord. 14-06 § 1)

Notwithstanding any other provision of this chapter to the contrary, the following areas shall not be subject to the smoking restrictions of this chapter:

A. Private residences subject to Section 8.15.040(L), except when used as a child care, health care, board and care or community foster care facility as those terms are defined by the Health and Safety Code.

B. In places of employment, designated break rooms that are separately ventilated directly to the outside and located in a non-work area where no one is required to enter as part of their work responsibilities.

C. Any place of employment which employs only the owner and no other employee, provided that the enclosed area containing the place of employment does not share a ventilation system with any other enclosed place of employment or public place.

D. Those establishments listed in Section 8.15.050(B).

E. Designated hotel and motel guest rooms, subject to Section 8.15.040(L), provided that some of the guest rooms in such hotel or motel are designated and maintained as non-smoking rooms.

F. Twenty-five percent of the outdoor seating sections of restaurants so long as:

1. The entire smoking section is in the same area;

2. The entire smoking section is located the furthest distance from the entrance of the building; and

3. The smoking section is clearly marked or labeled with signs.

G. Twenty-five percent of the outdoor seating sections of restaurant-bar combinations and bars before 10:00 p.m. so long as:

1. The entire smoking section is in the same area;

2. The entire smoking section is located the furthest distance from the entrance of the building; and

3. The smoking section is clearly marked or labeled with signs.

H. One hundred percent of the outdoor seating sections of restaurant-bar combinations and bars after 10:00 p.m.

I. One hundred percent of the outdoor seating areas of bars.

(Ord. 14-06 § 1)

Requirements for No Smoking Signs. “Smoking” or “No Smoking” signs, whichever are appropriate, with letters of not less than one inch, or the international “No Smoking” symbol (consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a red bar across it) shall be clearly, sufficiently and conspicuously posted in every building or other place where smoking is regulated by this chapter, by the owner, operator, manager or other person having control of such building or other place.

(Ord. 14-06 § 1)