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Smoking Ban Laws

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Smoking Ban Laws
California - Statewide Smoking Ban

California Smoking ban - U.S. States

 

California - Statewide Smoking Ban

California state smoking banStatewide smoking ban: Since January 1, 1995, smoking has been banned in all enclosed workplaces in California and within 20 feet of such places, including restaurants and bars (bars were excluded until January 1, 1998), exempting only the following areas: workplaces with five or fewer employees (as long as all workers consent and persons under 18 are prohibited from the smoking area), 65% of the guest rooms of hotels/motels, lobby areas of hotels/motels designated for smoking (not to exceed 25% of the total lobby floor area or, if the lobby area is 2,000 square feet or less, not to exceed 50% of the total lobby floor area), meeting and banquet rooms except while food or beverage functions are taking place (including set-up, service, and clean-up activities or when the room is being used for exhibit activities), retail or wholesale tobacco shops and private smokers lounges (i.e. cigar bars), truck cabs/tractors if no nonsmoking employees are present, non-office warehouse facilities with more than 10,000 square feet of total floor space and 20 or fewer full-time employees working at the facility, theatrical production sites if smoking is an integral part of the story, medical research or treatment sites if smoking is integral to the research or treatment being conducted, private residences except homes licensed as family day care homes during the hours of operation and in those areas where children are present, patient smoking areas in long-term health care facilities, and employee breakrooms designated for smoking.

Additionally, effective January 1, 2008, smoking in a moving vehicle while in the in the presence of a minor (18 years or younger) is a misdemeanor; the charge is not serious enough to be pulled over, and only can be cited along with a stricter offense, such as a moving violation or traffic accident. Local jurisdictions may regulate smoking more strictly than the state. Many California communities have established smoke-free registries for private residential apartment buildings, which range from complexes where smoking is entirely prohibited (whether inside private dwellings or outside) to those where certain sections of dwellings may be designated as smoking dwellings. Most California cities allow landlords to regulate smoking at will.