Legal Question in Business Law in California

Re: smoking laws

In reply to your inquiry, let me offer the following:

You've raised an interesting question that has been the subject of a lot of debate - i.e., is an "owner" an "employee" for purposes of Labor Code � 6404.5 - the infamous smoke-free workplace legislation. I've reviewed the statute, and unfortunately, its just not clear to me that an owner, alone in his place of business, can allow himself to be exposed to a smoke-filled environment when, if it were an employee, would certainly subject the employer to liability. I'd contact an attorney who specializes in labor and employment law to see if there's any "wiggle-room" by claiming that an owner is not an employee, and therefore exempt from the code.

Another issue to consider is local regulation. Here in Los Angeles City, the fire department has sadly been tasked with enforcement of the ban on smoking in bars. They normally start by citing the patrons they catch smoking ($81.00 a pop), and, if they believe the bar is "facilitating" smoking, they will eventually fine the bar at ever-increasing levels of severity for additional offenses. I have some question whether the Labor Code section, by its terms, pre-empts local regulation such as LA City's, but I've not heard much argument one way or the other.

I think Mr. Hayes' advice, although drastic is sound. The safest way to avoid enforcement is to not allow smoking. I realize that's scant consolation, as I've personally witnessed the drastic impairment of business that results from full compliance with the code.

God save us from those who want to save us from ourselves.

Feel free to let me know if you have questions or

comments. Now, let me give the "de rigeur" caveat:

The foregoing information is provided as an

accommodation only, and does not constitute legal

advice or a legal opinion based on a comprehensive

review of all relevant facts and documents, nor can

provision of such information be construed as

creating an attorney-client relationship.

Re: smoking laws

It is against state law to smoke inside restaurants or bars. So unless you want to pay a heavy fine, I would recommend that you not allow smoking at anytime inside your bar.