AB 253

Current law prohibits smoking in mass transit vehicles and specific enclosed,

indoor locations, including the following:

1. Inpatient health care facilities, such as community based-residential

facilities and nursing homes.

2. Prisons and jails.

3. Retail establishments.

4. Restaurants.

5. Governmental buildings.

Except for hospitals, school buses, day care centers where children are present,

and a few other places, a smoking area at an indoor location may be designated by

the person who is in charge of that location. For example, the person in charge of a

business is the owner of the business and the person in charge of a prison is the state

secretary of corrections.

Under the bill, smoking areas at indoor locations may no longer be designated

resulting in a complete ban on indoor smoking at those locations with exceptions for

private residences, a limited number of designated rooms in lodging establishments,

and certain residence rooms in assisted living facilities. In addition to the specified

indoor locations listed under current law, the bill prohibits smoking in any public

place or place of employment. The bill defines "a place of employment" to be any

indoor place that employees normally frequent during the course of employment,

such as an office, a work area, an employee lounge, a restroom, a conference room,

a meeting room, a classroom, or a hallway. The bill also defines a "public place" to

be a place that is open to the public, regardless of whether a fee is charged or a place

to which the public has lawful access or may be invited. In addition, the bill defines

an "enclosed place" for purposes of determining at what locations smoking is

prohibited. An enclosed place must have a roof and at least two walls.

Current law provides exemptions from the prohibition against smoking for

bowling centers, taverns, halls used for private functions, rooms in which the main

occupants are smokers, and areas of facilities that are used to manufacture or

assemble goods, products, or merchandise. This bill eliminates these exemptions.

Current law allows smoking in any restaurant that has a seating capacity of 50

individuals or less, or that holds a liquor license, if the sale of alcohol beverages

accounts for more than 50 percent of the restaurant's receipts. This bill prohibits

smoking in any restaurant regardless of seating capacity or the number of liquor sale

receipts.

Current law allows smoking in any tavern holding a "Class B" intoxicating

liquor license or Class "B" fermented malt beverages license issued by a municipality.

This bill prohibits smoking in any tavern. The bill also specifically prohibits smoking

in private clubs.

Under current law, smoking is prohibited outside in limited instances. These