Chapter 8.6 — PROHIBITION OF THE SALE OF TOBACCO PRODUCTS TO

MINORS*

*Note--Added by Ord. No. 9489 (N.S.), effective 8-29-02; repealed by Ord. No. 10699 (N.S.), effective 7-1-21.

CHAPTER 8 7 [SMOKING]

CHAPTER 8.7. [SMOKING]

(a) Smoking is the leading cause of preventable death in the United States and California. Smoking kills more than 480,000 Americans each year, including secondhand smoke that kills approximately 41,000 Americans who do not smoke.

(b) The United States Surgeon General concluded in 2006 that there is no safe level of exposure to secondhand smoke.

(c) The California Air Resources Board placed secondhand smoke in the same category as the most toxic automotive and industrial air pollutants by categorizing it as a toxic air contaminant for which there is no safe level of exposure.

(d) The California Environmental Protection Agency included secondhand smoke on the Proposition 65 list of chemicals known to the State of California to cause cancer, birth defects, and other reproductive harm.

(e) Secondhand smoke is responsible for as many as 7,300 deaths from lung cancer and 34,000 deaths from heart disease among adult nonsmokers each year in the United States. Secondhand smoke is particularly hazardous to individuals with cardiovascular disease, and individuals with impaired respiratory function, including those with asthma or obstructive airway disease.

(f) Exposure to secondhand smoke can occur at significant levels outdoors, and secondhand exposure can reach levels attained indoors depending on direction and amount of wind, and number and proximity of smokers.

(g) Californians working in the service and hospitality industry have much greater exposure to secondhand smoke when there is an outdoor dining area at their workplace because State law does not regulate smoking in outdoor dining areas to the same extent as indoor dining areas.

(h) Aerosols created by electronic smoking devices contain varying concentrations of particles and chemicals; some studies found particle sizes and nicotine concentrations similar to, or even exceeding, conventional cigarette smoke.

(i) For the reasons stated above, smoking in and around public outdoor dining areas is a public nuisance.

(j) It is the intent of the Board to provide for the public health, safety, and welfare, by reducing secondhand smoke exposure in public outdoor dining areas.

(Added by Ord. No. 10647 (N.S.), effective 2-27-20)

(a) "Outdoor dining area" means any portion of a permitted food facility that contains areas designated, established, or regularly used for consuming food or drink outdoors, in a covered area, or otherwise outside the confines of the interior premises.

(b) "Shisha" means a flavored smoking product that is traditionally mixed with molasses, honey, fruit pulp, or dried fruits and is sold for use in a water pipe known as a hookah.

(c) "Smoking" has the meaning set forth in section 22950.5 of the California Business and Professions Code.

(Added by Ord. No. 10647 (N.S.), effective 2-27-20)

(a) Smoking is prohibited in all outdoor dining areas, and within 25 feet from the perimeter of such areas, in the unincorporated area of the County.

(b) Smoking is prohibited within 40 feet from a permitted food facility that is a mobile food or temporary food facility, including a food truck or food cart, in the unincorporated area of the County.

(c) The owner, operator, manager, or other person in control of an area subject to this section shall install signage notifying employees, patrons, and visitors of the prohibition on smoking. The signage required in this section shall include the text "No Smoking" in letters not less than one inch in height displayed against a contrasting background. Signs of similar size containing the international "no smoking" symbol consisting of a pictorial representation of a burning cigarette and an electronic cigarette enclosed in a red circle with a red bar across it, may be used in addition to, or in lieu of, the required text signs. The signage shall be clearly and conspicuously posted at congregating points in, and at entrance points to, areas subject to this section.

(d) The owner, operator, manager, or other person in control of an area subject to this section who witnesses smoking in violation of this section shall immediately inform any person in violation to cease smoking.

(e) No ashtrays shall be placed, installed, or retained in an area where smoking is prohibited by this section.

(f) This section shall not apply to a facility or location whose business operation, as its principal use, is devoted to the on- premises smoking of shisha, including, but not limited to, establishments known variously as hookah bars, hookah lounges,

hookah parlors, or hookah cafes.

(Added by Ord. No. 10647 (N.S.), effective 2-27-20)

Any person who violates the provisions of this chapter shall be subject to an infraction as set forth in section11.116 of this code in conjunction with or in addition to any other remedy set forth in section 11.121 of this code or allowed by law. The County's Chief Administrative Officer may designate one or more County officers to enforce and administer any remedy authorized by this code.

(Added by Ord. No. 10647 (N.S.), effective 2-27-20)