Laguna Niguel Municipal Code Art. 4 Smoking in Private Places of Employment

Footnotes:

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Cross reference— Business regulations, tit. 5.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Employee means any person who is employed by any private employer in consideration for direct or indirect monetary wages or profit.

Private employer and employer mean any person, not a governmental entity, who employs the services of ten or more individual persons.

Private place of employment means any enclosed area under the control of a private employer in the city which employees normally frequent during the course of employment, including but not limited to working areas, employee lounges, conference rooms and employee cafeterias.

(Ord. No. 90-11, § 4, 3-6-90)

Cross reference— Definitions generally, § 1-1-18.

(a) It shall be the responsibility of employers to provide smokefree areas for nonsmokers within existing facilities to the maximum extent possible, but employers are not required to incur any expense to make structural or other physical modifications in providing these areas.

(b) Each employer shall adopt, implement and maintain a written no smoking policy which shall contain at a minimum the following:

(1) Smoking shall be prohibited in employer conference and meeting rooms, classrooms, auditoriums, restrooms, medical facilities, hallways and elevators.

(2) A contiguous no smoking area shall be provided and maintained of not less than 50 percent of the seating capacity and floorspace in cafeterias, lunchrooms and employee lounges.

(3) Consideration should be given to time as well as place in the prohibition of smoking, especially in smaller employee lounges, where smoking could be prohibited in the entire room during normal meal hours.

(4) Any employee in the office workplace should be given the right to designate his immediate assigned work area, at a fixed location, as a nonsmoking area, and to post it with appropriate signs to be provided by the employer.

(5) In any dispute arising under the smoking policy, the health concerns of the non-smoker shall be given precedence.

(6) Whenever smoking is prohibited, conspicuous signs shall be posted so stating.

(c) The smoking policy shall be communicated to all employees within three weeks of its adoption, and to all future employees at the time of their entry into employment.

(d) Notwithstanding the provisions of subsection (b) of this section, every employer shall have the right to designate any place of employment, or any portion thereof, as a nonsmoking area.

(e) An employer who makes reasonable efforts to develop and promulgate a policy regarding smoking and nonsmoking in the workplace shall be deemed to be in compliance with this section, provided that a policy which knowingly omits the minimum requirements of subsection (b) of this section shall not be deemed in compliance.

(f) No person or employer shall discharge or in any manner retaliate against any employee because such employee exercises any rights afforded by this section.

(Ord. No. 90-11, § 4, 3-6-90)

(a) Compliance with this article concerning adoption, implementation and maintenance of a no smoking policy is mandatory. Employers who willfully fail to comply with the provisions of this article may be subject to the penalties prescribed in section 6-7-27.

(b) A self-certification shall be prepared by the owner, manager, operator or other person having control of such establishment, that all requirements of this article have been complied with. Such document shall be maintained on the premises of the establishment and be made available, on request, to any peace officer, the Orange County sheriff's department, the Orange County fire authority or any health department, or to any employee of the establishment.

(Ord. No. 90-11, § 4, 3-6-90; Ord. No. 96-92, § 9, 8-20-96)

(a) Notwithstanding any provisions of this article to the contrary, no regulation or prohibition of smoking is required in the following areas:

(1) Bars. For purposes of this section, the term "bar" means an area which is devoted to the serving of alcoholic beverages for consumption by guests on the premises and in which the serving of food is only incidental to the consumption of such beverages. Although a restaurant may contain a bar, the term "bar" shall not include the restaurant dining area.

(2) Private residences, except when used as a child care or health care facility, and during such activity.

(3) Hotel and motel rooms rented to guests.

(4) Establishments devoted to the exclusive sale of tobacco or tobacco related products.

(5) While being used for private functions, rooms in eating establishments, hotel and motel conference and meeting rooms and public and private assembly rooms.

(6) The dining area of any establishment where food is being served to the general public, which is not a private place of employment for purposes of this article, but shall be governed by the provisions of section 6-7-12(5).

(7) A private enclosed office workplace occupied exclusively by smokers, even though such an office workplace may be visited by nonsmokers.

(b) Notwithstanding any other provision of this article, any owner, operator, manager or other person who controls a business may declare that entire business as a nonsmoking establishment.

(c) (c) Any owner or manager of a business or other establishment subject to this article may apply to the chief of police for an exemption or modification to any provision of this article due to unusual circumstances or conditions, such as a showing of financial impracticability.

(d) This article shall not be interpreted or construed to permit smoking where it is otherwise restricted by other applicable health, safety or fire code or ordinances.

(Ord. No. 90-11, § 4, 3-6-90; Ord. No. 96-92, § 10, 8-20-96)