(Amended by Ord. No. 187,525, Eff. 7/16/22.)
A. Definitions. As used in this section:
1. "Bar" shall mean a business that sells or offers for sale alcoholic beverages pursuant to a license from the Department of Alcoholic Beverage Control (ABC), limits entry to patrons 21 and older and where food service, if any, is only incidental to the sale of alcoholic beverages. A Bar shall not include a business with an ABC license type 41 or type 47, both of which are issued to restaurants and require substantial sales of meals for consumption on the premises.
2. "Electronic Smoking Device" shall mean any device that may be used to deliver any aerosolized or vaporized substances to the person inhaling from the device, including, but not limited to, an e-cigarette, e-cigar, vape pen, or e-hookah. Electronic Smoking Device includes any component part of or accessory to the device, and also includes any substance that may be aerosolized or vaporized by such device, whether or not the substance contains nicotine.
3. "Outdoor Dining Area" shall mean:
a. An outdoor area made available to the general public that is dedicated, designed, established or regularly used as a place for the consumption of food or drinks and all non-enclosed areas within 10 feet thereof. An Outdoor Dining Area shall not include an area that is contiguous to:
(i) a Bar; or
(ii) a restaurant, business, or non-commercial building that is completely closed to the general public for a private event.
b. An outdoor area comprised of a 40-foot radius of a business, such as a food kiosk, food cart, or mobile food truck, that regularly sells or provides food or drinks but has no area dedicated by the business as a place for the consumption of food or drinks that are regularly sold or provided by that business.
4. "Smoking" shall mean inhaling, exhaling, burning, or carrying any lighted or heated cigar, cigarette, or pipe, or any other lighted or heated product containing, made, or derived from nicotine, tobacco, cannabis, or other plant, whether natural or synthetic, that is intended for inhalation. "Smoking" includes using an Electronic Smoking Device.
B. Prohibitions.
1. Smoking is prohibited in the following places:
a. Any portion of a building owned or leased by the City of Los Angeles;
b. City permitted farmer's markets as defined in Section 12.24. X.6.; and
c. Outdoor Dining Areas.
(1) A violation of this section shall also be found when any person authorized to manage or control an Outdoor Dining Area knowingly permits Smoking in violation of this section
C. No-Smoking Signs.
1. Any business or person having the authority to manage and control any area designated as a no-smoking area shall post or cause to be posted "No Smoking" signs in conspicuous locations within the designated no-smoking areas. All such signs shall clearly and conspicuously recite the phrase "No Smoking" and use the international no-smoking symbol. The signs shall be posted not less than 5 feet nor more than 8 feet above floor level and shall be of sufficient number and location to ensure that any person in the designated no-smoking area shall see at least one of the signs.
For Outdoor Dining Areas, the following provisions shall also be followed:
a. Any business with an Outdoor Dining Area as defined in Section 41.50 A.3.a. shall post no-smoking signs of sufficient number to ensure that the no-smoking prohibition is clearly visible and readable to patrons in the Outdoor Dining Area and to persons passing outdoors within 10 feet of the Outdoor Dining Area. The no-smoking signs shall state in size 14 font or larger, "No Smoking in this Outdoor Dining Area or within 10 feet of this Outdoor Dining Area."
b. Any business with an Outdoor Dining Area as defined in Section 41.50 A.3.b., such as a food kiosk, food cart or mobile food truck, shall post a no-smoking sign located near the cashier that is clearly visible and readable to its customers. The no-smoking sign shall state in size 14 font or larger, "No smoking within 40 feet of this business."
2. It shall be unlawful to willfully mutilate or destroy any signs required by this section.
D. Penalty. Except as otherwise expressly provided herein, violation of any provision or failure to comply with any requirement of this section is an infraction.