Does Starbucks smoking bans trump the California State smoking laws?

Asked about 1 year ago - Sacramento, CA

Starbucks say we can't smoke within 25 feet of their patio (which by the way is a common walk thru for the shopping center it is in). California law says 25 feet from the door. We have been sitting way more than 25 feet from their door. Can they make us stop smoking? I don't know if their lease covers the common patio area or not.

Attorney answers (3)

  1. Christine C McCall


    Contributor Level 20


    Lawyers agree

    Answered . The business is free to adopt more restrictive policies than the law specifies as to property within its control. That would ordinarily include a patio. The lease very likely spells out this right.

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  2. David Herman Hirsch

    Contributor Level 20


    Lawyers agree

    Answered . I don't see why a restuarant can't have its own, more restictive policy. It's their business and property...

  3. Nicholas Basil Spirtos

    Contributor Level 20


    Lawyer agrees

    Answered . If you are on private property, then the owner can implement more restrictive rules regarding smoking.

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