On January 1, 2012, the City of West Hollywood's Smoking Ordinance went into effect.
What is it?
The Smoking Ordinance prohibits smoking within five (5) feet of outdoor areas including restaurant patios, cafes and food courts and outdoor common areas within the City of West Hollywood as well as provides smoking cessation programs and information to West Hollywood residents.
Smoking is prohibited inside the following areas:
- "Outdoor dining area” - any unenclosed area located on private or public property made available to or customarily used by the general public that is designed, established or regularly used for consuming food and/or beverages, or where food or beverages are served whether or not for compensation. This includes, without limitation, restaurants, restaurants at hotels and private clubs, cafés, and coffee shops.
- "Outdoor service area” - any unenclosed area where one or more persons wait for, receive or exchange goods or services of any kind; including without limitation lines or waiting areas for: (A) ATM machines; (B) information kiosks; (C) banks; (D) restaurants and other food service; (E) tickets and admission to a theater or other venue event; (F) car washes and vehicle service establishments; and (G) valet parking pick-up areas.
- "Enclosed Public Places" - any enclosed public place within an establishment where smoking is prohibited by law, in which the public is permitted, including, without limitation, public restrooms, elevators, stairwells and parking facilities, to the extent not otherwise governed by or exempted from California Labor Code Section 6404.5 and California Health and Safety Code Section 118875, et seq. A private residence is not a “public place”; however, an elevator in a residential building shall constitute a public place.
- "No Smoking Buffer Zones" - Within five feet of the entrance, divider, opening or doorway to a smoke-free open air dining area, or outdoor service area, where smoking is prohibited by the Smoking Ordinance, except while actively passing by on the way to another destination.
In addition, the smoking ordinance requires businesses to submit a Smoking Operations Plan for City review and approval outlining when and where smoking is allowed at a particular business and how and where signs will be erected identifying no smoking and smoking areas.
Why was it enacted?
West Hollywood is Los Angeles County’s third-most effected region, with 19.6 percent of the population identifying as smokers.
Secondhand smoke is a mixture of the smoke given off by the burning end of a cigarette, pipe or cigar and the smoke exhaled by smokers. Secondhand smoke exposes smokers and nonsmokers to more than 4,000 toxic substances, several of which are known to cause cancer in humans and animals. The U.S. Surgeon General warns that there is no safe level of exposure to secondhand smoke.
The West Hollywood City Council has historically taken a proactive approach on public health policies relating to tobacco use, by prohibiting smoking in public places and places of employment in 1986, and subsequently strengthened the ordinance with respect to employer/owner responsibilities and enforcement in1999.
Does it cover reidential buildings?
No. The Smoking Ordinance does not apply to residential buildings with the exception of common area elevators.
Who is exempt?
The following areas are exempt from the Smoking Ordinance:
- An open air dining area of a bar or nightclub;
- An open air congregation area of a restaurant
- food is not served to patrons in this area
- the area is completely separate and segregated from any outdoor dining area where smoking is not permitted, and
- smoke cannot be detected or smelled in the nonsmoking area;
- Hookah cafés that have an approved smoking operations plan on file with the City.
- At the specific private membership clubs that have an approved smoking operations plan on file with the City.
- Outdoor pool areas of hotels
Where can I get more information on this issue?
Please visit the City's website for more information on West Hollywood's Smoking Ordinance. You can also contact Code Compliance (323-848-6375) for more information
How do I report violations of the Smoking Ordinance?
Please use the associated form to file your concern. You may also call Code Compliance at 323-848-6516.
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