§ 731-040. PROHIBITION OF SMOKING IN ENCLOSED PLACES

(a)

Smoking shall be prohibited in the Enclosed Areas of the following places within the unincorporated areas of Sutter County and all properties owned, leased, or operated by Sutter County:

(1)

Places of Employment;

(2)

Owner-Operated Businesses; and

(3)

Public Places.

(b)

Smoking is prohibited by this Chapter in all Enclosed Areas exempted by the California smoke-free workplace law (Labor Code section 6404.5(d), as that section may be amended from time to time) except as provided below.

(1)

Smoking is not restricted by this subsection in up to 20% of guestroom accommodations in a hotel, motel, or similar transient lodging establishment that meets the requirements of California Civil Code section 1940(b)(2) if the hotel or motel permanently designates particular guestrooms as nonsmoking rooms such that 80% or more of the guestrooms are permanently nonsmoking and ashtrays and matches are permanently removed from such nonsmoking rooms. Permanent "No Smoking" signage shall be placed in nonsmoking guestrooms.

(2)

Smoking inside a Tobacco Shop is not prohibited by this subsection if:

(a)

The Tobacco Shop does not sell edible products, including, for example, food, water, or drinks, or allow such products to be consumed on the premises;

(b)

The Tobacco Shop prohibits minors from entering the store at all times; and

(c)

The premises of the Tobacco Shop is an independent freestanding building unattached to any other building, establishment, or use.

(3)

Smoking in a theatrical production by the actors is not prohibited by this subsection if Smoking is an integral part of the story and the use of a fake, prop, or special effect cannot reasonably convey the idea of Smoking in an effective way to a reasonable member of the anticipated audience.

(Ord. No. 1646, § 1, 5-8-2018)