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Does Starbucks smoking bans trump the California State smoking laws?

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.

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Attorney answers 3


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


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

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