The smoking of tobacco, or any other weed or plant, is a positive
danger to health and a material annoyance, inconvenience, discomfort
and a health hazard to those who are exposed to the resulting smoke.
State law prohibits smoking in enclosed places of employment. In order
to serve public health, safety and welfare, the purpose of this chapter
is to also prohibit the smoking of tobacco, or any weed or plant,
in public places and places designated for outdoor dining and congregation,
except in designated smoking areas. This chapter shall be interpreted
in a manner supplementary to and consistent with California Labor
Code Section 6404.5 and California
Health and Safety Code Sections
104495 and 118875,
et seq., as amended, and in all
cases of conflict between this chapter and any state law, the applicable
state law provision shall prevail.
(Ord. 11-863 § 2, 2011)
As used in this chapter:
"Bar"
shall mean an establishment: (A) that sells or offers for
sale alcoholic beverages pursuant to a license from the Department
of Alcoholic Beverage Control; (B) that limits entry to persons of
a certain age during some or all operating hours; and (C) where food
service, if any, is subordinate to the sale of alcoholic beverages.
This does not include a bar area that is an integrated part of a restaurant.
"Employee"
shall mean any person who is employed by any employer in
consideration for direct or indirect monetary wages or profit.
"Employer"
shall mean any person who employs the services of an individual
person.
"Enclosed"
shall mean closed in by a roof and walls with appropriate
openings for ingress and egress.
"Hookah café"
shall mean any facility or location whose business operation,
whether as its primary use or as an accessory use, is denoted by the
smoking of tobacco or other substances through one or more pipes (commonly
known as a hookah, waterpipe, shisha or narghile) designed with a
tube passing through an urn of water that cools the smoke as it is
drawn through it, including but not limited to establishments known
variously as hookah bars, hookah lounges or hookah cafés.
"Minor"
means a person who is under eighteen years of age.
"Nightclub"
means a bar or similar establishment that provides live entertainment
(music and/or dancing, comedy, etc.) in conjunction with alcoholic
beverage sales.
"Open air dining area"
means any unenclosed area located on private or public property
made available to or customarily used by the general public that is
designed, established or regularly used for consuming food and/or
beverages, or where food or beverages are served whether or not for
compensation. This includes, without limitation, restaurants, restaurants
at hotels and private clubs, cafés, and coffee shops.
"Outdoor service area"
means any unenclosed area where one or more persons wait
for, receive or exchange goods or services of any kind; including
without limitation lines or waiting areas for: (A) ATM machines; (B)
information kiosks; (C) banks; (D) restaurants and other food service;
(E) tickets and admission to a theater or other venue event; (F) car
washes and vehicle service establishments; and (G) valet parking pick-up
areas.
"Private membership club"
shall mean a facility where: (A) entry into and use of the
facility is restricted to members and guests of members; (B) membership
is subject to approval by club members or club management; (C) the
members are required to pay dues for use and/or maintenance of the
facilities.
"Public place"
shall mean any enclosed public place within an establishment
where smoking is prohibited by law, in which the public is permitted,
including, without limitation, public restrooms, elevators, stairwells
and parking facilities, to the extent not otherwise governed by or
exempted from California
Labor Code Section 6404.5 and California
Health and Safety Code Section 118875,
et seq. A
private residence is not a "public place"; however, an elevator in
a residential building shall constitute a public place.
"Restaurant"
means an establishment that: (A) sells, or offers for sale,
food and beverages during all hours it is open for business; (B) prepares
food on-site in a kitchen capable of preparing food from its component
ingredients and otherwise meets the definition of a "bona fide public
eating place" contained in California
Business and Professions Code
Section 23038; and (C) where service of alcoholic beverages is secondary
to service of food except that the term "restaurant" shall not include
a "bar" or "nightclub" as defined above.
"Smoke" or "smoking"
shall mean and include the carrying of a lighted pipe, or
lighted cigar, or lighted cigarette of any kind, or the lighting,
burning, inhaling or exhaling of the smoke of a pipe, cigar, or cigarette
of any kind.
"Unenclosed"
means a predominantly outdoor area that does not meet the
definition of "enclosed."
(Ord. 11-863 § 2, 2011)
a. In addition
to all places where smoking is prohibited under state or federal law,
in which case those laws apply, no person shall smoke in, and smoking
areas shall not be established or designated in:
1. Open
air dining areas and cannabis businesses, except as provided in subsection
(e) of this section;
4. Any
area where the owner, operator, manager or other person exercising
management and control over the property has declared the area, where
smoking would otherwise be allowed, to be a non-smoking area and posted
the appropriate signage as set forth in this chapter; and
5. Within
five feet of the entrance, divider, opening or doorway to a smoke-free
open air dining area, or outdoor service area, where smoking is prohibited
by this chapter, except while actively passing by on the way to another
destination.
b. No employer
and no owner, operator, manager, employee or other person having control
of a place of employment or a public place shall make ashtrays available
in any area where smoking is prohibited.
c. No owner,
operator, manager, employee or other person having control of a restaurant
shall place matchbooks on tables or otherwise make matchbooks or matches
available to patrons; provided, however, that upon request a promotional
matchbook may be provided to a patron only when departing the restaurant.
d. No person
shall dispose of smoking waste or place or maintain a receptacle for
smoking waste in an area where smoking is prohibited by this chapter
or other law, or within a distance of five feet from an area where
smoking is prohibited.
e. Notwithstanding subsection
(a), smoking may be permitted and smoking areas may be designated in the following places:
1. An
open air dining area of a bar or nightclub;
2. An
unenclosed congregation area of a restaurant, provided that food is
not served to patrons in this area, the area is completely separate
and segregated from any outdoor dining area where smoking is not permitted,
and smoke cannot be detected or smelled in the nonsmoking area;
3. Areas
excluded from the definition of "place of employment" in California
Labor Code Section 6404.5(d), as may be amended from time to time;
4. At the specific hookah cafés that are open and in continuous operation at the same location on or prior to February 1, 2011, provided that the operators have submitted a smoking operations plan for review and approval in compliance with Section
7.08.050;
5. At the specific private membership clubs that are open and in continuous operation at the same location on or prior to February 1, 2011, provided that the operators have submitted a smoking operations plan for review and approval in compliance with Section
7.08.050; and
6. Indoors and outdoors within a licensed cannabis consumption area provided that the operators have submitted a smoking operations plan for review and approval in compliance with Section
7.08.050 Smoking Operations Plan and have obtained a business license for the activity in accordance with Chapter
5.70.
7. A
designated location for a temporary cannabis event during city-approved
temporary cannabis events which occur with a city issued temporary
cannabis event license.
(Ord. 11-863 § 2, 2011; Ord. 17-1016 § 9, 2017; Ord. 18-1029 § 11, 2018; Ord. 23-08 § 4, 2023)
Signs not less than eight inches by ten inches in size stating "No Smoking" with letters not less than one inch in height and including the international "No Smoking" symbol (consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a diagonal red bar) shall be clearly, sufficiently and conspicuously posted by the owner, operator, manager or other person having control of every room, building or other place where smoking is regulated by this chapter either: (a) on a wall not less than eight feet nor more than ten feet above floor level; or (b) on moveable freestanding signs between three feet and five feet in height. In rooms containing tables for patrons or customers, an additional sign not less than four inches by six inches in size containing the same message in the same size lettering shall be placed on each table. Each of the foregoing signs shall, in addition, include a reference to "Chapter
7.08 of the West Hollywood Municipal Code," and include a telephone number designated by the city to which complaints of violations of this chapter may be reported.
(Ord. 11-863 § 2, 2011)