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Q: Smoking in public spaces ( Answered 5 out of 5 stars,   2 Comments )
Question  
Subject: Smoking in public spaces
Category: Business and Money > Small Businesses
Asked by: oma-ga
List Price: $2.00
Posted: 14 Nov 2002 14:37 PST
Expires: 14 Dec 2002 14:37 PST
Question ID: 107928
Is smoking permitted in the patio area (outside) of a restaurant?

Request for Question Clarification by aceresearcher-ga on 14 Nov 2002 14:43 PST
oma,

In what country (and state, if applicable) are you located? Knowing
this will enable Researchers to better assist you.

aceresearcher

Clarification of Question by oma-ga on 14 Nov 2002 15:17 PST
The restaurant is in Marin County, a popular brewpub with large
outdoor seating area where food and drink is served. The operator does
not mind customers smoking but received a negative comment from a
lawyer eating there maintaining that is illegal to allow smoking in
this area. Thank you.

Request for Question Clarification by mvguy-ga on 14 Nov 2002 15:33 PST
Is the restaurant within the city limits of a city?  If so, which
city?

From what I've found so far, it appears that the California ban
applies in enclosed areas only.  But it's possible there is some local
ordinance that is stronger.

Clarification of Question by oma-ga on 15 Nov 2002 11:54 PST
The restaurant is in Larkspur, CA. at Larkspur Landing Circle.  Thank you!!
Answer  
Subject: Re: Smoking in public spaces
Answered By: aceresearcher-ga on 21 Nov 2002 10:06 PST
Rated:5 out of 5 stars
 
oma,

According to a representative at Larkspur's City Hall, the city's
smoking ordinance states that:

Smoking is not allowed anywhere in restaurants or bars -- or around
their entrances! -- with the exception of a "cocktail lounge" which
meets the following criteria:
- the cocktail lounge is a bar WITHIN a restaurant
- the purpose of the cocktail lounge is to have drinks,
  and any food served there is incidental, rather than
  the main purpose of the cocktail lounge
- the cocktail lounge is not the sole means of access
  to the dining area
- the cocktail lounge is not the sole waiting area
  for patrons waiting to be seated for their meal
- the cocktail lounge does not permit access to minors
- the cocktail lounge has its own ventilation system.

I specifically asked the representative about patio areas and beer
gardens around bars and restaurants, and they said "No, smoking is not
allowed there, either."

CITY OF LARKSPUR, CALIFORNIA
City Hall
400 Magnolia Avenue
Larkspur, CA 94939
ph  (415) 927 5110
fax (415) 927 5022

If you would like to obtain a copy of the smoking ordinance for
yourself, they are quite congenial and willing to provide one by fax,
or you can stop into city hall and they will make a copy for you.


Search Strategy

larkspur ca city hall
://www.google.com/search?hl=en&ie=UTF-8&oe=UTF-8&q=larkspur+ca+city+hall&btnG=Google+Search


Before Rating my Answer, if you have questions or need additional
information, please post a Request for Clarification, and I will be
glad to see what I can do for you.
 
I hope this Answer provides you with exactly the information you
needed!
 
Regards, 
 
aceresearcher

Clarification of Answer by aceresearcher-ga on 21 Nov 2002 10:22 PST
Here's the link to The City of Larkspur's website:
http://www.ci.larkspur.ca.us

Best wishes!

aceresearcher
oma-ga rated this answer:5 out of 5 stars
Well done. I appreciate mentioning the link to the City offices of Larkspur.

Comments  
Subject: Re: Smoking in public spaces
From: quillreeves-ga on 14 Nov 2002 14:44 PST
 
Hi:

I think this is all dependant on where the restaurant is located. 
Some cities are completely "smoke free", so smoking is not allowed in
any public area.

Other restaurants may allow smoking on their patios but not inside.

Others, still, may have smoking sections both indoors and out.

If you provide a city and restaurant name, perhaps we can find out.

Quillreeves-ga
Subject: Re: Smoking in public spaces
From: oma-ga on 14 Nov 2002 15:14 PST
 
The restaurant is in Marin County, a popular brewpub with large
outdoor seating area where food and drink is served. The operator does
not mind customers smoking but received a negative comment from a
lawyer eating there maintaining that is illegal to allow smoking in
this area. Thank you.

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