Smoking Enforcement
California Labor Code section 6404.5 prohibits the smoking of tobacco in all enclosed workplaces. “Enclosed” is generally understood to mean a space surrounded by four walls, a floor and a ceiling. The Los Angeles Fire Department (LAFD) is the designated enforcement agency for violations of Labor Code section 6404.5(b) and the LAFD’s Public Assemblage inspectors can issue citations to businesses that are in violation of this law.
You can report a violation of Labor Code section 6404.5 by calling the LAFD Smoking Complaint hotline at (213) 978-3568. Please note that the LAFD is not able to accept, process or forward smoking complaints received via e-mail or at neighborhood fire stations. Never call 911 to report a smoking violation.
If you are a business owner, it is your responsibility to prevent smoking in your enclosed place of business. You are required to post no-smoking signs, educate your employees on the law and not allow your business patrons to smoke in your business. If smoking is observed in your enclosed business, you will be issued a criminal citation and will be subject to monetary fines. Repeat offenders will be referred to Cal/OSHA, which can levy penalties of up to $70,000 per violation.
You should also be aware that in the City of Los Angeles, the use of an electronic smoking device (commonly referred to as “vaping”) is prohibited in all smoke-free areas. Smoke-free areas in the City of Los Angeles include but are not limited to:
- Enclosed Workplaces, California Labor Code 6404.5
- Within 20 feet of an entryway or operable window of a government building, California Government Code 7597
- Buildings owned or leased by the City of Los Angeles, Los Angeles Municipal Code 41.50.B.2.a
- City-permitted farmers markets, Los Angeles Municipal Code 41.50.B.2.b
- Outdoor dining areas, Los Angeles Municipal Code 41.50.B.2.c
- City parks and beaches, Los Angeles Municipal Code 63.44(B)(24)
For questions pertaining to the City’s smoking prohibitions or tobacco enforcement matters, please call the Tobacco Enforcement Program at (213) 978-7970 or email tep@lacity.org.