Smoking Pollution Program
The Smoking Program is mandated by State law and the Berkeley Municipal Code (BMC). Monitoring of food facilities occurs as a proactive measure to ensure compliance. Requests for service are also investigated to help control smoking violations. All findings are reported back to the concerned citizen.
BMC, Chapter 12.70 Smoking Pollution Control:
Enforcement action may include issuing infraction citations, as needed.
Places where smoking is prohibited:
- Restaurants, including any outdoor seating area provided by or attached to a restaurant.
- In semi-private rooms, wards, waiting rooms, lobbies and public hallways of every public and private health care facility.
- Within every room, chamber, place of meeting or public assembly during such time as a public meeting is in progress.
- In waiting rooms, lobbies, public hallways and all other areas of every building under direct or indirect control of the city.
- Within all parts of any buildings which are primarily used for exhibiting any motion picture, stage drama, dance or musical performance.
- In museums, libraries, aquariums and galleries.
- In all enclosed parts of hotels, motels and resorts open to the general public.
- In buses, trains, taxicabs and other means of public transit while operating within the boundaries of the city
- In sports arenas and outdoor theaters.
- Within all areas open to the public in business establishments dealing in goods or services.
- Public restrooms.
- Indoor service lines.
- All enclosed areas available to and customarily used by the general public in all businesses or non-profit entity.
- In all enclosed common areas in senior citizen residences, including but not limited to laundry rooms, lobbies, lounges, and hallways.
- Video Arcades, card rooms, game rooms, pool halls, dance halls, bingo parlors and other amusement centers.
- Parking garages.
- All outdoor areas used for public seating in conjunction with any retail or food establishment in an exclusively pedestrian area that is enclosed on at least 3 sides, whether or not provided by or attached to a restaurant.
Do you need assistance or wish to report a complaint?
Complete an on-line Request for Service form, or phone Environmental Health at (510) 981-5310 and TDD (510) 981-6903, or send an email to firstname.lastname@example.org.
Tobacco Vending Machine - Ordinance No. 6081 - N.S:
Enforce the prohibition on Tobacco Vending Machines. Respond to violation complaints and take enforcement action as needed.
For information regarding the tobacco prevention program, check the following site: Tobacco Prevention Program