2010 California Code
Health and Safety Code
Article 1. California Indoor Clean Air Act Of 1976

HEALTH AND SAFETY CODE
SECTION 118875-118915



118875.  This article and Article 2 (commencing with Section 118920)
shall be known and may be cited as the California Indoor Clean Air
Act of 1976.


118880.  The Legislature finds and declares that tobacco smoke is a
hazard to the health of the general public.



118885.  Within indoor rooms, indoor chambers, or indoor places of
public assembly in publicly owned buildings in which public business
is conducted requiring or providing direct participation or
observation by the general public there shall be a contiguous area of
not less than 50 percent of the total area of the room, chamber, or
place designated and posted by signs of sufficient number and posted
in locations as to be readily seen by persons within the area, where
the smoking of tobacco is prohibited while a public meeting is in
progress. A public body, commission, agency, or other entity
conducting a public meeting may waive the requirements of this
section with respect to its own members, provided that the rights of
nonsmoking members are not adversely affected.



118890.  Every health facility, as defined in Section 1250, and
clinic, as defined in Section 1200, shall comply with the following:
   (a) Shall make every reasonable effort to assign patients to rooms
according to the patient's individual nonsmoking or smoking
preference.
   (b) Shall designate and post by signs of sufficient number and
posted in locations as to be readily seen by persons within the area,
a contiguous area of not less than 20 percent of every cafeteria or
other dining area whose occupied capacity is 50 or more persons as a
nonsmoking section.
   (c) This section shall not prevent any health facility or clinic
from banning smoking in any area that it may designate and post by
sign or in all areas of the facility or clinic.



118895.  Within every publicly owned building open to the general
public for the primary purpose of exhibiting any motion picture,
stage drama, music recital, or any other performance, with the
exception of any indoor sporting event, signs shall be posted in
sufficient number and in locations as to be readily seen by persons
within the area, that shall designate that the smoking of tobacco is
prohibited in any area other than that commonly known as the lobby.
This prohibition shall not apply except during those times when the
building is actually open to the public.



118900.  Within every restaurant in a publicly owned building
serving food or alcoholic beverages in rooms whose occupied capacity
is 50 or more persons there shall be designated and posted by signs
of sufficient number and posted in locations as to be readily seen by
persons within the area, a contiguous area of not less than 20
percent of the serving area where the smoking of tobacco is
prohibited.
   (a) This section shall not apply to banquet rooms in use for
private functions.
   (b) This section shall not apply to premises under lease as a
restaurant for the time as the lessee of record on January 1, 1977,
has a lease as the operator of the restaurant.
   (c) As used in this section, "restaurant" means any place
designated as a restaurant by Section 28522.



118905.  Any person may apply for a writ of mandate to compel
compliance by any public entity that has not complied with the
requirements of this article and Article 3 (commencing with Section
118920) for the designating or posting of nonsmoking areas or areas
where the smoking of tobacco is prohibited. If judgment is given for
the applicant, he or she may recover all reasonable costs of the
suit, including reasonable attorney fees, reasonableness to be
determined by the court.



118910.  The Legislature declares its intent not to preempt the
field of regulation of the smoking of tobacco. A local governing body
may ban completely the smoking of tobacco, or may regulate smoking
in any manner not inconsistent with this article and Article 3
(commencing with Section 118920) or any other provision of state law.




118915.  (a) Except as provided in subdivision (b), no person shall
smoke any tobacco product in any retail food production and marketing
establishment, as defined in Section 28802, during the hours the
establishment is open to the public.
   (b) The provisions of subdivision (a) shall not apply to that
portion of an establishment subject to Section 118900 nor to an area
of an establishment set aside for employee smoking and not open to
the public.

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