(Amended by Ord. No. 183,819, Eff. 9/30/15.)
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 18 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. "Smoke" shall mean the gases, particles or vapors released into the air as a result of combustion, electrical ignition or vaporization, including from an electronic smoking device, when the purpose of the combustion, electrical ignition or vaporization is human inhalation of the gases, particles or vapors. Smoke does not mean the combustion of material solely for olfactory purposes that does not contain any tobacco or nicotine or the emissions from a product specifically approved by the United States Food and Drug Administration for use in mitigating, treating or preventing disease.
3. "Smoking" shall mean engaging in an act that generates smoke, such as possessing a lighted pipe, a lighted hookah pipe, a lighted cigar, a lighted cigarette, or an operating electronic smoking device.
4. "Electronic Smoking Device" shall mean an electronic or battery-operated device that delivers vapors for inhalation. This term shall include every variation and type of such devices whether they are manufactured, distributed, marketed or sold as an electronic cigarette, an electronic cigar, an electronic cigarillo, an electronic pipe, an electronic hookah or any other product name or descriptor.
5. "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 one of the following:
(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.
1. Smoking, as defined in Section 41.50 A.3., shall be prohibited in all places where the smoking of tobacco is prohibited by local, state or federal law. The use of an electronic smoking device is permissible:
a. in a business establishment in which the exclusive purpose of the business is the sale or use of electronic smoking devices, provided that the business does not sell or allow the consumption of alcoholic beverages or food on the premises and does not permit any person under the age of 18 years of age to be present or enter the premises at any time, unless accompanied by the person's parent or legal guardian; and
b. at a theatrical production site, if the use of an electronic smoking device is an integral part of the story in the theatrical production.
2. Smoking, as defined in Section 41.50 A.3., shall also be 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.
(i) 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 five feet, nor more than eight 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.5.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.5.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.