Legal Question in Real Estate Law in California

In Clayton, CA I have gone to a particular Starbucks Coffee for several years. Of recent, Starbucks has started a new smoking policy and they state that I cannot smoke "20 feet from their patio area." I was under the impression that AB846 said that an individual had to be 20 ft from a door, not the patio area as a whole. I understand that a business can make any smoking laws they want, but I do not understand how they consider the sidewalk their patio? Furthermore, how they believe they have the right to tell me what I can do on the sidewalk considering they only lease one spot in the shopping center? Sure they have chairs and tables set up on the sidewalk, but they do not lease out the sidewalks, only the property space. So my question is do I have the right to smoke 20 feet from the door (AB846) since I am on a public sidewalk in front of the establishment on the sidewalk?


Asked on 6/20/10, 2:49 pm

2 Answers from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

One way or another, you will lose a contest of wills with Starbucks over this. Their ultimate power here is to refuse to to business with you, which they can indeed do.

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Answered on 6/20/10, 9:02 pm

If they are in a shopping center, you are not on a public sidewalk, you are on private property. You also do not know what the definition of the rented premises is between the shopping center and Starbucks. I don't know any shopping center that allows tenants to set up tables and chairs on shopping center sidewalks without having lease terms about it and charging additional rent for it.

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Answered on 6/21/10, 10:53 am


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