Rancho Palos Verdes Municipal Code Ch. 8.28 Smoking in Restaurants, Bars and City Facilities

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

Bar means any enclosed area which is devoted to the serving of alcoholic beverages for consumption on the premises and in which the service of food is only incidental to the consumption of such beverages. Any area of a restaurant which is devoted to the serving of alcoholic beverages and in which the serving of food is only incidental to the consumption of such beverages shall also be considered to be a bar. The service of food shall be conclusively presumed not to be incidental to the service of alcoholic beverages where the gross receipts of the sale of food exceed 25 percent of the total gross receipts of the establishment.

City facility means any structure, lot or parcel that is owned, leased or operated by the city, including, without limitation, any park, beach, recreation or open space area.

Enclosed means surrounded by a roof and four walls with openings for ingress and egress, with or without windows.

Restaurant means any dinner house, coffee shop, cafeteria, luncheonette, soda fountain, fast food service, and any other establishment where cooked or otherwise prepared food is sold to the general public, and where seating for consumption is available on the premises.

Smoking means the carrying or holding of a lighted pipe, cigar or cigarette of any kind, or any other lighted tobacco or other weed-smoking equipment, or the lighting thereof, or emitting or exhaling the smoke of a pipe, cigar or cigarette of any kind.

(Code 1981, § 8.28.010; Ord. No. 288(part), 1993; Ord. No. 425, § 1, 2005)

In addition to any smoking prohibitions otherwise imposed by law, smoking shall be prohibited and unlawful in all of the following places in the city:

A. In the enclosed portions of every restaurant, whether publicly or privately owned, including, but not limited to, lobbies, waiting areas, restrooms, and dining areas of restaurants;

B. In no less than 50 percent of the enclosed seating capacity of every publicly or privately owned bar:

1. Any bar that elects to designate a smoking area pursuant to this section may change the boundaries of the smoking/nonsmoking areas at its discretion, provided that at all times any designated smoking area in the enclosed area of the bar shall remain a contiguous area that contains no more than 50 percent of the enclosed seating capacity;

2. When a bar is operated in connection with a restaurant and is not contained in an enclosed area which is separate from the restaurant, the smoking area shall be located in that portion of the bar which is the farthest from the restaurant and shall utilize portable air purifiers or other similar devices which are designed to reduce the amount of smoke which emanates from the bar to the restaurant. Such air purifier or other devices shall be regularly maintained and kept in good operating order at all times. The owner, operator or manager of the facility shall keep a record or log which reflects the dates of maintenance or replacement of such air purifiers or devices. The log shall be kept on the premises and shall be made available to the city for inspection upon request;

3. Nothing in this subsection shall be construed to limit or restrict an owner, operator or manager of a bar from expanding the nonsmoking seating area;

C. In or within 20 feet of every city building.

(Code 1981, § 8.28.020; Ord. No. 288(part), 1993; Ord. No. 425, § 2, 2005; Ord. No. 626, § 2, 8-6-2019)

A. The owner, operator, manager or other person having control of each facility regulated by this chapter shall post or cause to be posted "Smoking" and "No Smoking" signs, in each section where appropriate, with letters of not less than one inch in height 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) and citing to section 8.28.020 (Smoking prohibited). Such signs shall be clearly and conspicuously posted in every facility where smoking is controlled by this chapter and shall be of sufficient number and location to cause the message of such signs to be clearly visible and readable.

B. As an alternative to posting signs required by subsection A of this section, the owner, operator, manager or other person having control of a restaurant may place small signs, each containing the messages required by subsection A of this section on each dining table located in an area subject to the provisions of this chapter.

C. No person shall willfully mutilate, mark on, deface or destroy any sign required by this section.

(Code 1981, § 8.28.030; Ord. No. 288(part), 1993)

A. Enforcement of this chapter shall be the responsibility of the city manager and/or their designee.

B. Any person may file a written complaint alleging a violation of this chapter in the office of the city manager or their designee. The city manager and/or their designee shall investigate the complaint within 21 days, and commence enforcement action, if necessary.

C. The city attorney shall have the authority to bring appropriate actions for the enforcement of this chapter.

D. Any owner, operator, manager or other person having control of the facilities subject to this chapter shall inform persons violating this chapter of the appropriate provisions thereof.

(Code 1981, § 8.28.040; Ord. No. 288(part), 1993)

A. It shall be unlawful for any owner, operator, manager or other person having control of the facilities subject to this chapter to fail to properly post required signs, to fail to properly set aside required "No Smoking" areas in bars, or to otherwise fail to comply with any of the requirements of this chapter.

B. It shall be unlawful for any owner, operator or manager or other person having control of the facilities subject to this chapter to allow food or beverages to be served to any person smoking in an area or establishment where smoking is prohibited by this chapter or which has been designated as a no smoking area by the operator, manager or other person having control of the facility.

C. It shall be unlawful for any person to smoke in any area where smoking is prohibited by this chapter, or which has been designated as a no smoking area by the operator, manager or other person having control of the facility.

(Code 1981, § 8.28.050; Ord. No. 288(part), 1993)

Any violation of section 8.28.050(A) shall be an infraction. Any violation of section 8.28.050(B) or (C) may be prosecuted either as a misdemeanor or an infraction in the discretion of the city attorney.

(Code 1981, § 8.28.060; Ord. No. 288(part), 1993)

If any other law governing this subject is adopted by the state legislature, the stricter of the laws shall apply, to the extent legally permissible.

(Code 1981, § 8.28.070; Ord. No. 288(part), 1993)

If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this chapter or any part thereof is for any reason held to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining portions of this chapter or any part thereof. The city council declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases is declared unconstitutional or otherwise invalid.

(Code 1981, § 8.28.080; Ord. No. 288(part), 1993)