Municipal Code, Complete - City of Santa Barbara

Q. TOBACCO VENDING MACHINE. Any machine or device designated for or used for the vending of
cigarettes, cigars, tobacco, or tobacco products upon the insertion of coins, bills, trade checks, slugs or other form of
legal tender or consideration.
R. VENDOR-ASSISTED. When a store employee has access to the tobacco product and assists a customer by
supplying the product. (Ord. 5243, 2002; Ord. 4877, 1994.)
9.20.020 Application to Facilities and Vehicles Owned or Leased by the City.
Smoking is prohibited in all enclosed areas of City facilities and all vehicles owned, leased or operated by the
City. (Ord. 4877, 1994.)
9.20.030 Regulation of Smoking in Public Places.
A. GENERAL PROHIBITIONS. Smoking shall be prohibited in all enclosed public places and non-enclosed
public places where specified herein within the City of Santa Barbara including, but not limited to, the following
public places:
1. Elevators, enclosed or not.
2. Buses, taxicabs, and other means of public transit, enclosed or not.
3. Ticket, or boarding areas of public transit depots, enclosed or not.
4. Bus stops, enclosed or not.
5. Restrooms.
6. Service lines, enclosed or not.
7. Retail stores, enclosed or not.
8. Malls, except in outdoor malls.
9. All enclosed areas available to, and customarily used by, the general public in all businesses, nonprofit
entities and public agencies patronized by the public including, but not limited to, ticket, boarding, and waiting areas
of public transit depots, offices, banks, laundromats, beauty and barber shops, and the common areas of hotels and
motels.
10. Enclosed common areas in apartment buildings, condominiums, retirement facilities, and nursing homes.
11. Enclosed areas of child day care facilities and private residences while used as child care, health care,
board and care, and community foster care facilities as those terms are defined by the state Health & Safety Code.
12. Galleries, aquariums, libraries, and museums, enclosed or not.
13. Within any area or facility, enclosed or not, which is primarily used for, or designed for the primary
purpose of exhibiting any motion picture, stageplay, drama, lecture, musical recital, or other similar performance,
including the lobby, foyer, and concession-stand areas thereof. To the extent that the act of smoking forms part of a
dramatic live stage production, this Chapter shall not be construed so as to prohibit the smoking of non-tobaccoproduct
"stage cigarettes" or similar materials in the form of cigars or pipes.
14. Restaurants, including customer service areas and outdoor seating sections, except that twenty-five
percent (25%) of the outdoor seating sections of restaurants may be set aside and designated and maintained as
smoking sections so long as:
a. The entire smoking section is in the same area;
b. The entire smoking section is located the furthest distance from the entrance of the building; and
c. The smoking section is clearly marked or labeled with signs.
15. Restaurant-bar combinations, including customer service areas and outdoor seating sections, except that
twenty-five percent (25%) of the outdoor seating sections of restaurant-bar combinations may be set aside and
designated and maintained as smoking sections before 10:00 p.m. so long as:
a. The entire smoking section is in the same area;
b. The entire smoking section is located the furthest distance from the entrance of the building; and
c. The smoking section is clearly marked or labeled with signs.
In addition, one hundred percent (100%) of the outdoor seating areas of restaurant-bar combinations may be set aside
and designated as smoking sections after 10:00 p.m.
16. Within sports arenas and convention halls.
17. Video arcades, bingo parlors, card rooms, game rooms, pool halls, dance halls, amusement centers, and
bowling alleys.
18. Every room, chamber, or place of indoor meeting or indoor public assembly.
19. Waiting rooms, hallways, wards, and patient rooms, and customer service areas of health facilities,
including, but not limited to, hospitals, clinics, physical therapy facilities, doctors' offices, and dentists' offices.
20. Areas which share air space (including but not limited to air conditioning, heating, or other ventilation
systems) with other areas in which smoking is prohibited.
21. Polling places, enclosed or not.
22. Some of the rooms in any hotel or motel; these rooms shall be designated and maintained as nonsmoking
rooms.
B. SMOKE FREE AREAS. Notwithstanding any other provision of this Chapter, any owner, operator,
manager, or other person who controls any establishment described in this Chapter may declare that entire
establishment to be a non-smoking establishment. (Ord. 5243, 2002; Ord. 4877, 1994.)
207 rev. 6/30/02