Municipal Code Chapter 4.44 - Regulating of SmokingChapter 4.44 REGULATION OF SMOKING
4.44.010 Definitions.
The following words and phrases, as used in this Chapter or in any other applicable
law regulating smoking, shall have the following meanings:
(a) Dining Area. A non - residential location where food or beverages are served by
a business or routinely consumed by customers. This includes, but is not limited to,
restaurant or bar seating areas and patios.
(b) Electronic Smoking Device. An electronic or battery- operated device that
delivers vapor for inhalation. The term includes every variation and type of such devices
including electronic cigarettes, electronic cigars, electronic cigarillos, electronic pipes,
electronic hookahs or any other similar product.
(c) Multi -Unit Common Area. Any indoor or outdoor area at a multi -unit residential
property (which include rental properties and condominiums) that is accessible to and
usable by the occupant of more than one unit, including, but not limited to, halls,
walkways, lobbies, laundry rooms, common cooking areas, outdoor dining areas, patios,
play areas, swimming pools, gardens, and parking lots. The term also includes all
outdoor areas that are within twenty -five feet of any door, window or vent at a multi -unit
residential property, including private -use balconies, porches, decks, and patios, and
regardless of whether or not the included area is located on the same property.
(d) Santa Monica Pier. The Santa Monica Pier, consisting of both the Newcomb
Pier and the Municipal Pier, protruding from the Santa Monica State Beach at the
southwesterly terminus of Colorado Avenue, and extending for approximately two
thousand one hundred thirty -five feet into the Santa Monica Bay.
(e) Service Area. A place where people use or wait for services provided by a
private or government entity. This includes, but is not limited to, bus stops, ATM lines,
information kiosks and theater lines.
(f) Smoke or Smoking. The carrying or holding of a lighted or activated pipe, cigar,
cigarette, electronic smoking device, or any other lighted or activated smoking product
or equipment used to burn any tobacco products, weed, plant, or any other combustible
substance. Smoking includes emitting or exhaling the fumes or vapor of any pipe, cigar,
cigarette, electronic smoking device, or any other lighted smoking equipment used for
burning any tobacco product, weed, plant, or any other combustible substance. (Added by
Ord. No. 2122CCS § 1, adopted 4/27/04; amended by Ord. No. 221OCCS § 1, adopted 10124/06; Ord. No. 3259CCS
§ 1, adopted 4/22/08; Ord. No. 2282CCS § 1, adopted 1/27/09; Ord. No. 2318CCS § 1, adopted 8/10/10; Ord. No.
2321CCS § 1, adopted 9/14/10; Ord. No. 2355CCS § 1, adopted 4126/11; Ord. No. 2469CCS § 1, adopted 10/14/14)
4.44.020 Prohibitions.
(a) Smoking in Specific Locations. It is unlawful to smoke in the following places:
(1) Any elevator;
(2) Any public park;
(3) Any public beach;
(4) Anywhere on the Santa Monica Pier;
(5) Any outdoor service area;
(6) Inside any public building (as that term is defined in Government Code Section
7596);
(7) Any outdoor dining area;
(8) Within twenty feet of the entrance, exit or open window of any building open to
the public;
(9) The Third Street Promenade;
(10) Any farmers' market;
(11) The property of any public library;
(12) Any hotel for which an occupancy permit is issued on or after February 9, 2012;
(13) Any "vaping lounge" or other business that sells electronic smoking devices;
except that electronic smoking devices may be used at the two such businesses that
were locally licensed as such lounges in Santa Monica as of June 24, 2014; provided
there is appropriate ventilation so as not to interfere with neighboring occupants and
provided no minors are allowed in the businesses.
(b) Disposal of Smoking Waste. No person shall dispose of any cigarette, cigar or
tobacco, or any part of a cigarette or cigar, in any place where smoking is prohibited
under this Chapter, except in a designated waste disposal container.
(c) Liability of Businesses. No business owner, operator or manager shall
knowingly or intentionally allow smoking in an outdoor dining area that is under his, her
or its control. This law does not require the physical ejection of any person from the
business or the taking of steps to prevent smoking under circumstances that would
involve a significant risk of physical harm.
(d) Posting of Signs. Every business that owns or controls an outdoor dining area
covered under subsection (a)(7) shall post one or more prominent signs in conspicuous
locations to apprise users of the prohibition of smoking in that outdoor dining area.
Multiple signs must be provided as needed for larger areas to ensure that signs are
readily visible to all users of the area.
(e) Enforcement and Penalties.
(1) Infraction. Aviolation of this Section is an infraction and shall be punished by a
fine of one hundred dollars for the first violation; two hundred dollars for a second
violation within one year; and five hundred dollars for a third and subsequent violations
within one year.
(2) Nonexclusive Remedies and Penalties. Punishment under this Section shall
not preclude punishment pursuant to Health and Safety Code Section 13002, Penal
Code Section 374.4, or any other law proscribing the act of littering. Nothing in this
Section shall preclude any person from seeking any other remedies, penalties or
procedures provided by law. (Added by Ord. No. 2122CCS § 1, adopted 4/27/04; amended by Ord. No.
221OCCS § 1, adopted 10/24/06; Ord. No. 2259CCS § 1, adopted 4122/08; Ord. No. 2282CCS § 1, adopted 1/27109;
Ord. No. 2318CCS § 1, adopted 8/10/10; Ord. No. 2321CCS § 2, adopted 9/14/10; Ord. No. 2355CCS § 1, adopted
4/26/11; Ord. No. 2391CCS § 1, adopted 2128/12; Ord. No. 2469CCS § 2, adopted 10/14114)
Chapter 4.45 TOBACCO RETAILER LICENSING
4.45.010 Intent.
It is the intent of the City Council, in enacting this Chapter, to encourage
responsibility in tobacco retailing and to discourage violations of tobacco - related laws,
especially those which prohibit or discourage the sale or distribution of tobacco products
to minors. (Added by Ord. No. 2277CCS § 1, adopted 11/11/08)
4.45.020 Definitions.
The following words and phrases, as used in this Chapter, shall have the following
meanings:
(a) "Electronic smoking device" means an electronic or battery- operated device that
delivers vapor for inhalation. The term includes every variation and type of such devices
including electronic cigarettes, electronic cigars, electronic cigarillos, electronic pipes,
electronic hookahs or any other similar product.
(b) 'Person" means any natural person, partnership, cooperative association,
corporation, personal representative, receiver, trustee, assignee, or any other legal
entity.
(c) 'Proprietor" means a person with an ownership or managerial interest in a
business covered by this Chapter. An ownership interest shall be deemed to exist when
a person has a ten percent or greater interest in the stock, assets, or income of a
business other than the sole interest of security for debt. A managerial interest shall be
deemed to exist when a person can or does have or share ultimate control over the day -
to -day operations of a business.
(d) "Tobacco product' means any substance containing tobacco leaf, including, but
not limited to, cigarettes, cigars, pipe tobacco, hookah tobacco, snuff, chewing tobacco,
dipping tobacco or bidis, and any electronic smoking device.
(e) "Tobacco retailer' means any person who sells, offers for sale or sample,
advertises or otherwise promotes, or does or offers to exchange for any form of
consideration, in public view, any tobacco products. (Added by Ord. No. 2277CCS § 1, adopted
11/11/08; amended by Ord. No. 2469CCS § 3, adopted 10/14/14)