Legal Question in Business Law in California

Smoking in Restaurants

I am searching for the exact reading of the law

pertaining to smoking in restaurants. I work in a

restaurant that allows smoking in the enclosed

patio and believe that it is a violation of the law. If

you could point me in the direction or supply me

with a copy of the law I would appreciate it.

thanks


Asked on 11/10/00, 5:53 pm

1 Answer from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Smoking in Restaurants

I find only three provisions in state law pertaining to smoking in restaurants. Health and Safety Code section 114020(d) prohibits use of tobacco in any form by employees. H&S 114021 requires posting of signs notifying employees of this requirement. And H&S 118900 requires setting aside a non-smoking area in restaurants in public buildings.

What you are looking for (a law relating to smoking by patrons) is undoubtedly a local ordinance (city of county). Your starting point would be a visit to the library. All counties have public law libraries. Many general public libraries also have copies of local ordinances. Ask the reference librarian to find you the correct volume.

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Answered on 11/20/00, 2:59 pm


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