Los Angeles County Municipal Code Ch. 11.15 Nonsmoking Areas in Eating Establishments

The board of supervisors finds and declares that inhaling smoke generated by smokers may be hazardous to the health and represents an annoyance which should be regulated and limited in eating establishments offering food for sale to the public, to the ends that air quality be improved in all such facilities for the preservation and improvement of health, and that customers may request to be seated in nonsmoking areas of such facilities.

(Ord. 87-0124 § 1 (part), 1987.)

As used in this chapter:

A.

"Smoke" means the gases, particles, or vapors released into the air as a result of combustion, electrical ignition, or vaporization, when the apparent or usual purpose of the combustion, electrical ignition, or vaporization is human inhalation of the byproducts, except when the combusting or vaporizing material contains no tobacco, nicotine, or cannabis and the purpose of inhalation is solely olfactory, such as, for example, smoke from incense. The term "smoke" includes, but is not limited to, tobacco smoke, vapors from an electronic smoking device, and cannabis smoke or any other like substance.

B.

"Smoking" means inhaling, exhaling, burning, or carrying any lighted, heated, or ignited cigar, cigarette, cigarillo, pipe, hookah, electronic smoking device, or plant product, or using any other method or device that delivers nicotine, cannabis or other like substances to a person.

C.

"Cannabis" has the meaning set forth in California Business and Professions Code section 26001, as that section may be amended from time to time.

D.

"Electronic smoking device" means an electronic device which can be used to deliver an inhaled dose of nicotine, cannabis, or other substances, including any component, part, or accessory of such a device, whether or not sold separately. The term "electronic smoking device" includes any such device, whether manufactured, distributed, marketed, or sold as an electronic cigarette, electronic cigar, or cigarillo, electronic pipe, electronic hookah or any other product name or descriptor.

E.

"Eating establishment" means any indoor or outdoor area that is designed, established, or regularly used for consuming food or drink and that is available to or customarily used by the general public or an employee. Eating establishment means any area included but not limited to a cafeteria, coffee shop, luncheonette, restaurant, sandwich shop, short order cafe, soda fountain, or other establishment which offers food or drinks to the public.

F.

"Bar" means any area of an eating establishment which is devoted to offering alcoholic beverages for sale to the public and in which the consumption of food is only incidental to the consumption of such beverages and includes any outdoor area of the establishment set aside for use by patrons.

(Ord. 2019-0011 § 3, 2019; Ord. 87-0124 § 1 (part), 1987.)

A.

Any person who owns, operates, manages, leases, or rents an eating establishment shall cause to be maintained in such facility a nonsmoking area consisting of a portion of both the seating capacity and floor space in which such customers are served, excluding any portion of such facility which is located outdoors and any portion of such facility which is utilized for bar purposes. At the request of any customer, the customer shall be seated in the nonsmoking area of the eating establishment if space is available.

B.

Nothing in this section shall apply to any room of an eating establishment which is used for serving food for a private function, but only while such room is used for such private function.

(Ord. 87-0124 § 1 (part), 1987.)

Any person who owns, operates, manages, leases, or rents an eating establishment shall cause at least one sign to be posted or displayed on the premises, as provided in this section. The sign shall read substantially as follows: NON-SMOKING AREA AVAILABLE. The sign shall not be smaller than 10 inches wide by 10 inches long, nor shall any lettering thereon be less than one inch in height. The sign shall be placed to assure that it is readable by the public entering the premises.

(Ord. 87-0124 § 1 (part), 1987.)

Nothing in this chapter shall be construed to require an eating establishment to make any structural changes or other physical modifications to existing facilities.

(Ord. 87-0124 § 1 (part), 1987.)