Q - Why is Marin (unincorporated) adopting this new policy?

A. Second-hand smoke has been classified by the U.S. Department of Health and Human Services as a known human carcinogen to which there is no safe level of exposure. It contains over 4,000 chemicals, of which more than 40 are known or suspected carcinogens. Any level of exposure to these carcinogens could lead to negative health outcomes. Moreover, second-hand smoke has been shown to have a direct effect on cancer rates.

Recent research shows that second-hand smoke is the third leading cause of preventable death behind smoking and alcohol, and the cancer mortality from second-hand smoke alone exceeds the combined mortality from all regulated environmental carcinogens.

Q - What areas are covered in the new law?

A. Smoking (of any plant, weed, hookah pipe or tobacco product) is prohibited in the following indoor areas:

Office buildings, restaurants, bars and private clubs.

Smoking is prohibited in the following outdoor areas:

Q - What are the definitions of “Enclosed”, “Openings” and “Reasonable Distance”?

A. "Enclosed" means:

1.  Any covered or partially covered space having more than 50% of its perimeter area walled in or otherwise closed to the outside such as, for example, a covered porch with more than two walls; or 

2.  any space open to the sky having more than 75% of its perimeter area walled in or otherwise closed to the outside such as, for example, a courtyard;

3.  except that an area open to the sky of three thousand (3000) square feet or more is not enclosed such as, for example, a field in an open-air arena.

“Openings” shall include main entrances, exits, operable windows and ventilation intake systems.

“Reasonable Distance” means a distance that ensures that occupants of an area in which smoking is prohibited are not exposed to secondhand smoke created by smokers outside the area.  This distance shall be a minimum of twenty (20) feet.

Q- Can an owner of Business or Apartment make the law stricter for their property – more then the 20 feet required by the new ordinance?

A. Yes, you can choose to create a smoke-free zone of 50 feet around your business or building! Yes, you can have your entire property smoke-free.

1. People who smoke are not protected by the state and federal anti-discrimination laws.
2. It is legal to post signs stating that your business property is totally smoke-free.
3. It is legal to advertise a unit (residential or commercial) as "smoke-free."
4. Over 84% of California adults do not smoke, and 80% of those still smoking want to quit.

Q - I don't employ staff, does it still apply?

A. Yes

Q- How do businesses or workplaces comply with the law?

A. Businesses or workplaces must implement the law and also post a no-smoking sign.

Q- I am not a smoker. Why should the current policy concern me?

A. Each year, 3,000 nonsmokers in the United States die from lung cancer alone caused by second-hand smoke. Second-hand smoke is also linked to cancer of the nasal cavity, cervix, breast, and bladder. Also, for pregnant women or women currently nursing infant children, second-hand smoke exposure has been shown to pass through the mother's body and harm their children. These issues affect many on our campus besides smokers.
Everyone has a right to a smoke-free environment, and you should take an active role in protecting your health by saying no to second-hand smoke.

Q- I am a smoker. How does the new policy affect my smoking?

A. The policy clearly states where smoking is not allowed. As long as you avoid the areas specified in the policy, you are still able to smoke.

However, as you already know, smoking is very harmful to your health. Studies show that smoking control policies like this one can actually help smokers quit or reduce smoking. Perhaps you might take this opportunity to think about quitting.

As part of the new policy, the Tobacco Related Disease Control Program will provide services to Marin residents who are interested in quitting smoking and need help. Details on cessation services can be found on the www.smokefreemarin.com    website.

Q - How will smoke free legislation impact on the hospitality industry?

A. All legitimate economic impact studies on business show either no economic effect or a positive one after a smoke-free law goes into effect. When the issue of smoke-free air arises, the tobacco industry will work hard to create dissent and fear. Their goal is to convince business owners and residents that the sky will fall if a smoke-free law passes. Since 1987, the tobacco industry and smoke-free opponents have consistently claimed that smoke-free laws lead to a decrease in business in restaurants, bars, bingo halls, and billiard halls, usually by 20-50%, with an accompanying decrease in employment. These claims are totally unfounded. On the contrary, the number of peer-reviewed economic studies showing that smoke-free laws have either no economic effect, or a positive one, continues to mount as more communities pass and implement strong smoke-free laws. Going smoke-free is good for health and good for business. Period.

Q- I don't want to anger my customers, but I need to comply. Advice?

A. Ask politely. Inform patrons of the new law and ask them to understand. Commiserate if necessary. If all else fails, treat the situation as you would with anyone breaking the law – call the police.

Q- How will the smoking policy be enforced? What will be done to smokers who deliberately violate the policy?

A. Enforcement is always the most difficulty part of the implementation of any new policy. Success of a policy like this depends largely on the conscientiousness, consideration and activism of every one of us. The new smoking policy was enacted to protect the health of sensitive individuals and preserve the right of the nonsmoker to breathe clean air. However, nothing is ever that simple. While many smokers respect the rights of nonsmokers and do not smoke in the presence of a nonsmoker, it is not always possible to achieve that goal. We hope that the smoking population will try to understand the need to protect personal health and welfare within the confines of what we can control. Failure to follow the policy, just as with any other policy, may be cause for fines/community service hours. The establishment of a new smoking policy should not and does not mean the creation of a "tobacco-police" action, but rather will depend ultimately on the good will and communal sensitivity of all residents.

Q- What are the consequences of not complying?

A. Any Person, Employer, Business or Non-profit Entity, tobacco retailer, or owner, manager or operator of any establishment subject to this chapter who violates any provision of this chapter shall be deemed guilty of an infraction, punishable by:

1. A fine not exceeding one hundred dollars and/or five days of community service, for the first violation;

2. A fine, not exceeding two hundred dollars and/or ten days of community service, for a second violation of this chapter within one year;

3. A fine not exceeding five hundred dollars and/or fifteen days of community service, for a third violation of this chapter within one year.

Warnings will likely be issued on first offense. After that, fines could reach $100 per day.

Q- How do I file a complaint?

A. Call the Tobacco Related Disease Control Program at 415-499-3020.