On December 18, 2018, the Long Beach City Council amended the City’s No-Smoking Ordinance (LBMC 8.68) to adopt new smoking regulations that affect smoking on outdoor dining patios.  The amendments go into effect as of January 19, 2019.  For a full text of the ordinance click here.

Overall, food establishments in Long Beach are required to maintain either 100% smoke-free outdoor dining patios or 2/3 smoke-free outdoor dining patios.  However, the restrictions vary depending on the type of business.  “Eating Establishments” are required to maintain 100% smoke-free patios until 11:00 p.m, and 2/3 smoke-free patios thereafter, and  “Drinking Establishments” are required to maintain  2/3 smoke-free outdoor dining patios at all times, see below to determine which category applies to your business as defined in LBMC 8.68.090.

A "dining" or "eating establishment" is defined as an establishment that serves food.  The majority of food establishments in Long Beach fall under this category. 

This includes things like restaurants, bars, donut shops, coffee shops, hookah lounges, fast food locations, etc.

An establishment is considered a "drinking" establishment if it meets ALL of the following requirements, during all hours of operation.

• Limits entry to patrons age 18 and older
• Maintains an ABC license, but does not have a type 41 or type 47 ABC license, which are both issued to restaurants
• Food service, if any, is incidental to the sale of alcoholic beverages

This includes things like bars, taverns, breweries, etc. – but must meet specific requirements

If you are unsure whether your business meets the requirement to be categorized as a "Drinking" Establishment, you can contact the Tobacco Retail Enforcement Program at (562) 570-7905.

1. Prohibits ANY smoking (traditional smoking or e-cigarettes/vaping) on all outdoor dining patios and within 20’ of any outdoor dining patio until 11:00 p.m.
2. After 11:00 p.m. smoking may occur in a small designated area, (not more than 1/3) but the establishment must maintain at least 2/3 of each dining patio as smoke-free.
3. Establishments can create and maintain their own 100% smoke-free policy for their property.
4. Eating Establishments may apply for a special permit allow smoking on their patio in a designated area (not more than 1/3 of the patio) for a limited amount of time.*

1. Must maintain at least a 2/3 smoke-free outdoor dining area at all times.
2. Are NOT required to maintain a 100% smoke-free patio at any time, but can create and maintain a 100% smoke-free policy for their property if they want to.

• For a printable sign click here (png file)
  
• To request a sign be mailed to you, contact the Tobacco Retail Enforcement Program at (562) 570-7905

• Property owners/managers have the legal right to make rental properties smoke-free, just like they are able to declare that rental units are pet-free. Property owners have the right to advertise rental units as "smoke-free". There is no constitutional right to smoke.
• As of January 1, 2012, property managers in California have the explicit legal authority to declare rental units as "smoke-free" under SB 332.

• Property owners/managers can play a role in eliminating a significant cause of illness in a home and a major cause of preventable death: secondhand smoke. Secondhand smoke is a substance known to cause cancer in humans, which there is no safe level of exposure.
• Scientific studies show that secondhand smoke can drift into and out of open windows and doors and can travel through shared air vents and ducts; cracks in walls; gaps around electrical wiring; lights and plumbing; and can even seep through floorboards.

• Maintenance and turnover costs are significantly lower for non-smoking units. Refurbishing the apartment of a heavy smoker for the next tenant requires more time and effort in repainting. In many instances, carpeting, draperies, and upholstered furniture must be replaced rather than cleaned.
• According to a recent survey of California multi-unit housing owners and managers, rental properties without a smoke-free policy incur an average of $4,935 (4,252 after accounting for withheld deposits) in smoking related costs per year.
• Contact your insurance provider to find out if you would be eligible for a discount if you were to designate your building as 100% smoke free.

Interested property owners/managers should call the City of Long Beach Tobacco Education Program at (562) 570-7950 to receive a free copy of the booklet, "How Landlords Can Prohibit Smoking in Rental Housing" and to learn more about the benefits of creating a smoke-free apartment policy.