Opinion No. (1998)

DANIEL E. LUNGREN Attorney General GREGORY L. GONOT Deputy Attorney General THE HONORABLE BRETT GRANLUND, MEMBER OF THE CALIFORNIA STATE ASSEMBLY, has requested an opinion on the following question: May the owner of a bar, restaurant, or tavern allow smoking in his or her establishment by opening all doors and windows during the hours of employment? CONCLUSION The owner of a bar, restaurant, or tavern may not allow smoking in his or her establishment merely by opening all doors and windows during the hours of employment. ANALYSIS Labor Code section 6404.5 1 prohibits smoking in most places of employment in California. Specifically, subdivision (b) of section 6404.5 provides: "No employer shall knowingly or intentionally permit, and no person shall engage in, the smoking of tobacco products in an enclosed space at a place of employment." 2 In enacting section 6404.5 the Legislature has sought both to protect employees from second-hand smoke and to bring uniformity to workplace smoking restrictions. Subdivision (a) of section 6404.5 states: "The Legislature finds and declares that regulation of smoking in the workplace is a matter of statewide interest and concern. It is the intent…