Recent County Tobacco Laws
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Secondhand Smoke
- Enacted in 1995, the statewide workplace law (AB 13) changed clean indoor air laws in California.
- AB 13 mandates that almost all enclosed places of employment in the state of California are to be smoke-free.
- In 1997, an amendment (AB 3037) also made bars, bingo parlors, and gaming clubs smoke-free.
- State law prohibits the smoking of any tobacco product within 25 feet of a playground or tot lot sandbox area, and also prohibits the disposal of tobacco-related waste in these areas.
- State law (AB 846) also prohibits smoking within 20 feet of main entrances and exits at all government buildings, including community colleges and state universities.
- Locally, both Allan Hancock Community College and Santa Barbara City College have designated a limited number of spaces where smoking is allowed on campus.
- Some local communities in Santa Barbara have stricter laws that regulate smoking. These include: the unincorporated areas of Santa Barbara County, and the cities of Carpinteria, Santa Barbara, Goleta, and Buellton.
- For example, 75% of the outdoor seating areas in restaurants in the county areas and the cities of Carpinteria, Santa Barbara, Goleta, and Buellton are to be smoke-free.
- Local laws in Santa Barbara County and in the City of Goleta prohibit smoking within 20 feet of any building or area where smoking is prohibited. Ashtrays are also banned within a 20-foot smoke-free area.
- The City of Carpinteria banned smoking at all of its parks and beaches in 1994.
- Each community’s laws are different; please contact the staff of the Tobacco Prevention Settlement Program with any questions at 681-5407 or 346-7275 or tobacco@sbcphd.org
Sales & Distribution of Tobacco
- State law prohibits vending machines for the sale of tobacco, except in businesses that have an on-sale alcoholic beverage permit. In these businesses, they must be 15-feet away from an entrance. The County of Santa Barbara, and the cities of Carpinteria, Goleta, and Buellton require vending machines to be at least 25-feet from entrances.
- Since 1995, The STAKE Act, a state law, has authorized the Food and Drug Branch (FDB) of the Federal Government to cite retail storeowners for any sale of tobacco products to minors.
- Penal Code (PC) 308a allows law enforcement to cite anyone who sells or gives tobacco products to a minor.
- PC 308b makes possession of a tobacco product by anyone under 18 a crime.
- State law requires tobacco retailers to check ID when selling to individuals who might be underage.
- State law prohibits the sale of single cigarettes or those outside their sealed packaging.
- State law requires that cigarettes may not be sold in packages of fewer than 20 cigarettes.
- State law prohibits the sale or display of all tobacco products through a self-service display (i.e., customers must not be able to access tobacco products without assistance).
- State law prohibits the sale of bidis, except at those locations that prohibit the presence of minors (e.g., bars)
- State law prohibits the distribution of free or low-cost cigarettes or smokeless tobacco, coupons or coupon offers, except in locations where minors are prohibited by law or denied access by a peace or licensed security officer.
Tobacco Advertising
- The Master Settlement Agreement (MSA) with the tobacco industry restricts outdoor tobacco advertising.
- The MSA also restricts event and brand name sponsorship, youth targeting, distribution of free samples, and paid media placement of tobacco products. It also bans the use of cartoon characters in tobacco advertising.
- No more than 1/3 of the square footage of the windows and clear doors of an alcohol retailer business may have advertising of any sort, including tobacco. (B & P Code 25612.5c(7)).
- Tobacco advertising is not permitted on billboards.
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