§ 1009.5.

PROHIBITION OF SMOKING IN PLACES OF EMPLOYMENT AND SPORTS ARENAS

a.

No employer shall knowingly or intentionally permit, and no person shall engage in, the smoking of tobacco products in an enclosed space at a place of employment.

b.

No owner, manager, or operator of a sports arena or stadium shall knowingly or intentionally permit, and no person on the premises shall engage in, the smoking of tobacco products in any enclosed or open space at a sports arena or stadium except in (1) concourses and ramps outside seating areas, (2) private suites and corridors to private suites, and (3) areas designated for parking. Any portion of a sports arena or stadium used as a bar or restaurant shall be subject to the provisions of this Article governing bars and restaurants as “places of employment.” For purposes of this Section a sports arena or stadium means a publicly owned facility which has a seating capacity of at least 30,000 people.

c.

For purposes of this Section:

1.

Except as otherwise provided in this Section, the terms “employer” and “employee” shall have the same meaning as the construction given those terms in Labor Code Sections 6304 and 6304.1.

2.

“Place of employment” means any place, and the premises appurtenant thereto, where employment is carried on. “Place of employment” shall not include:

A.

That portion of any hotel or motel lobby designated for smoking, provided that no hotel or motel shall designate more than 25 percent of any lobby for smoking, and provided further that no hotel or motel shall permit smoking in any room used for exhibit space;

B.

Hotel and motel guest room accommodations designated as smoking rooms, provided that hotels and motels shall designate at least 35 percent of the guest rooms as nonsmoking;

C.

Facilities used to conduct charity bingo games pursuant to Penal Code Section 326.5 during such times that persons are assembled in the facility in connection with such games;

D.

Banquet rooms in use for private social functions;

E.

Bars. A “bar” means an area which is devoted to the serving of alcoholic beverages for consumption by patrons on the premises and in which the serving of food is only incidental to the consumption of such beverages. If a restaurant contains a bar, that portion that constitutes the bar shall not be considered a place of employment under this ordinance;

F.

Private homes;

G.

Any store that engages exclusively in the sale of tobacco and tobacco related products and any portion of any store devoted exclusively to the sale of tobacco and tobacco related products.

d.

For purposes of this Section, an employer who permits any nonemployee access to his or her place of employment on a regular basis has not acted knowingly or intentionally if he or she has taken the following reasonable steps to prevent smoking by a nonemployee:

1.

Posted clear and prominent “No Smoking” signs at each entrance to the workplace premises;

2.

Has requested, when appropriate, that a nonemployee who is smoking refrain from smoking in the enclosed workplace.

For purposes of this subsection, “reasonable steps” shall not include the physical ejectment of a nonemployee from the place of employment.

e.

For purposes of this Section, the owner, manager, or operator of a sports arena has not acted knowingly or intentionally if he or she has taken the reasonable steps described in Subsection (d) to prevent smoking by a person on the premises who is not an employee of the owner, manager or operator.

f.

Insofar as this Article applies to actions or omissions involving smoking that are also governed by any other ordinance of the City and County of San Francisco, the provisions of this Article are intended to supersede any other provision; provided, however, that the provisions of this Article supersede such other provision only after the provisions of this Article that apply to such act or omission become operative. The intent of this Section is that the current ordinances regulating smoking continue to be enforced until the applicable provisions of this Article become operative.

History

(Added by Ord. 359-93, App. 11/18/93)

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