• Work Place Smoking (Includes Restaurants and Bars)
• Smoking in Apartments
• Smoking in Parks
• Illegal Tobacco Sales (STAKE Act)
• Illegal Tobacco Advertising

Work Place Smoking (Includes Restaurants and Bars)

California Labor Code, Section 6404.5 prohibits smoking in most workplaces, including restaurants, bars, offices, shops, factories, clubs, lodges, bowling and gaming establishments.

To report a violation of the work place smoking law, contact the enforcement agency for the city in which the business in question is located. Be prepared to report the correct name and address of the business, as well as the date and time you observed the violation.

Ventura County Enforcement Contacts for State Smoking Laws

For more information, visit BREATH, the California Smoke-Free Bars, Workplaces, and Communities Program, or contact the Ventura County Public Health Tobacco Education Program at 805-652-3311 or tobacco@ventura.org.

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Smoking in Apartments

At present, there are no state or local laws that protect nonsmokers in multi-unit housing. Owners have the right to restrict smoking in all or part of their buildings, complexes, or grounds. There is proposed state legislation to protect nonsmoking residents. Ventura County advocates are also working on this important issue in some of our cities.

For more information, visit the Smokefree Apartment House Registry, a state grantee, or call them at 818-363-4220. You may also contact the Ventura County Tobacco Education and Prevention Program at 805-652-3311 or tobacco@ventura.org.

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Smoking in Parks

State Law, Health and Safety Code Section 104495, prohibits smoking and disposing of cigarette butts in and around children’s playgrounds, stipulating a 25-foot buffer zone. Various Ventura County parks jurisdictions have posted signs enforcing this law to prohibit smoking in or near playgrounds.

Direct any complaints to your Parks Department, Parks District, or Parks Commission. Please also share your concerns with the Ventura County Tobacco Education and Prevention Program at tobacco@ventura.org or at 805-652-3311.

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Illegal Tobacco Sales (STAKE Act)

California Penal Code, Section 308 details restrictions on tobacco sales. Included in PC 308 are provisions that make it

• Illegal to sell or provide tobacco products to individuals under 18 years of age
• Illegal to offer cigarettes for sale in an open self-service display
• Illegal to display cigarette vending machines except in bars and other adult-only venues
• Illegal to sell bidis (“beedies”), flavored imported cigarettes, except in adult-only venues

If you have observed what you believe to be an illegal tobacco sale or display, please report it to the city (police or city manager’s office) in which the violation occurred, or contact the California STAKE Act (Stop Tobacco Access To Kids Enforcement Act) unit at 1-800-5-ASK-4-ID 1-800-527-5443.

You can find the “Illegal Sales Reporting Form” on the STAKE Act website.

If you have questions regarding illegal tobacco sales laws and their enforcement, contact the Ventura County Tobacco Education and Prevention Program at 805-652-3306 or tobacco@ventura.org.

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Illegal Tobacco Advertising

The 1998 Master Settlement Agreement (MSA) between 46 state attorneys general and the tobacco companies put some restrictions on tobacco advertising and other promotions. For example, tobacco billboards or ads 14 sq. ft. or larger are prohibited.

For more information on the agreement and the restrictions, go to the California Attorney General’s website.

If you still have questions regarding illegal tobacco advertising laws and their enforcement, Contact the Ventura County Tobacco Education and Prevention Program at 805-677-5225 or email Kathryn Cook.

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