Legal Question in Business Law in California

Re: customer service: customer odor/health code...

I can't think of any reason why you, assuming you are the business owner or manager, or al least the person in charge of a particular space or department, couldn't exclude persons smelling of alcohol or marijuana.

As you probably know, it is illegal to discriminate against individuals on the basis of race, color, religion, sexual preference, age, etc. in places of public accommodation or in housing, or in any government-supported activity, place or function. However, it is not illegal to discriminate (exclude) persons based on smelling bad, of maybe violating drug laws, and so on.

The main question is, I think, whether you are the person who is in charge of that space, i.e., are you the one to decide who enters and stays, or does that role belong to someone else. The answer to the secondary question as to whether smelly folks can be excluded by whomever is in charge is, well, I can't think of any reason why that would be illegal.

Re: customer service: customer odor/health code...

The only reason to allow the customer to stay is if he/she is using marijuana for medicinal purposes. Then they could claim medical or disability discrimination. A business has a right to refuse service to anyone except for illegal reasons.