Santa Ana Municipal Code § 18-53 Construction of this division

Smoking shall be prohibited in the following places:

(1) Elevators open to and in use by the public.

(2) Waiting rooms, hallways, wards, and private or semi-private rooms of public or private health facilities including, but not limited to, hospitals, clinics, physical therapy facilities, doctors' offices and dentists' offices.

(3) Within every room, chamber, place of meeting or public assembly, during such time as a meeting required by law to be open to the general public is in progress.

(4) Within any building or room not open to the sky when that building or room is open to the public for the purpose of exhibiting any motion picture, stage drama, lecture, musical recital or other similar performance (except when smoking is part of the stage production).

(5) In any establishment where food is being served having an occupied capacity of fifty (50) or more persons; provided, however, that this prohibition against smoking shall not apply within an establishment wherein a "no-smoking" area of less than seventy-five (75) percent of the floor space and of the seating capacity in which customers are served is maintained.

(6) In the halls, reading and viewing rooms of museums and libraries open to the public.

(7) Within retail stores doing business with the general public.

(8) Restrooms open to and used by the public.

(Ord. No. NS-2221, § 2, 5-16-94)

(a) Smoking shall be prohibited in all enclosed areas within a private place of employment. This includes common work areas, auditoriums, classrooms, conference and meeting rooms, private offices, elevators, hallways, health care facilities, cafeterias, employee lounges, stairs, restrooms, and all other enclosed areas.

(b) The smoking prohibition of this section shall be communicated by each private employer to all of its employees and to all its future employees at the time of their entry into employment.

(c) For purposes of this section the following terms shall have the following meanings:

(1) Private place of employment shall mean any enclosed area under the control of a private employer, which employees normally frequent during the course of employment, including, but not limited to, working areas, employee lounges, conference rooms, and employee cafeterias. The "dining area" of any establishment where food is being served is not a "private place of employment," for purposes of this article, but shall be governed by the provisions of section 18-50.

(2) Private employer or employer means any person, partnership, or corporation, not a governmental entity, who employs the services of one (1) or more individual persons.

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

(4) Enclosed area means all space between a floor and ceiling which is enclosed on all sides by solid walls or windows (exclusive of door or passage ways).

(Ord. No. NS-2221, § 2, 5-16-94)

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

(1) Bars. "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/meeting rooms, and private assembly rooms open to the public.

(6) An enclosed office in a private place of employment occupied exclusively by smokers, even though such an office workplace may be visited by nonsmokers.

(Ord. No. NS-2221, § 2, 5-16-94)

(a) This division shall not be interpreted or construed to prohibit any owner, operator, manager or other person who controls a business from declaring that entire business as a nonsmoking establishment.

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

(Ord. No. NS-2221, § 2, 5-16-94)

Signs which designate no-smoking areas established by this article shall be clearly, sufficiently and conspicuously posted in rooms, buildings, or other places so covered by this article, as reasonably deemed necessary, by the department head, operator, manager, private employer or other person having control of such room, building, or other place. Where possible, ash trays, receptacles or other devices used for extinguishing or discarding smoking materials shall be removed from all "no-smoking" areas.

(Ord. No. NS-2221, § 2, 5-16-94)

No cigarette or other tobacco product may be sold, offered for sale, or distributed from a vending machine in any public place other than a bar.

(Ord. No. NS-2221, § 2, 5-16-94)

Any person who shall violate the provisions of this division shall be guilty of an infraction and upon conviction shall be punished by a fine not to exceed one hundred dollars ($100.00) per violation, per day.

(Ord. No. NS-2221, § 2, 5-16-94)