San Francisco Ordinance Prohibiting Smoking in Enclosed Areas and Certain Unenclosed Areas

Supervisor Eric Mar has introduced a measure that would, according to the legislative digest, amend the San Francisco Health Code to prohibit smoking in certain enclosed areas, certain unenclosed areas and sports stadiums, including:

• Business establishments and bars regardless of whether owner-operated;
• Unenclosed dining areas of restaurants;
• Service waiting areas;
• Areas outside entrances, exits and operable windows and vents of all buildings except at the curb of the nearest street, sidewalk or alley.

The ordinance, which you can read here, also establishes obligations for property owners and managers to:

• Prevent smoking in prohibited areas including the posting of clear and prominent "no smoking" signs in any area on the premises where smoking is prohibited and signs at each entrance to the premise that read '"Smoking is prohibited outside this building except at the curb or at least 15 feet away from exits entrances, and operable windows";
• Request that any person smoking in areas where smoking is prohibited under the ordinance refrain from smoking with the exception of those persons who are outside a business who are not patrons of the business;
• Remove any ashtrays from inside the premises; 
• San Francisco already requires businesses to place ashtrays or other receptacles outside of the premises at the curb or at least 15 feet away from the entrance or exit of a building and 20 feet from a bus stop.  If no room exists to meet this requirement, the ordinance allows property owners and managers to affix the ashtray outside the entrance or exit with a sign stating that "Smoking is only permitted at the curb."  Businesses that have permanently affixed ashtrays/receptacles will be required to post a sign on the receptacle that states: "Smoking is only permitted at the curb".

We welcome your feedback on the ordinance.  Please email Ken Cleaveland, Director of Government and Public Relations for BOMA San Francisco at kenc@boma.com with your comments.