AB 768, as amended, Thurmond. Tobacco Free Baseball Act.
Existing law prohibits the smoking of tobacco in every publicly owned building open to the general public for the primary purpose of exhibiting a motion picture, stage drama, music recital, or any other performance, with the exception of any indoor sporting event, except in designated areas.
This bill would prohibit the use of tobacco products, as defined, including smokeless tobacco, in a baseball stadium, which includes the physical area in which a professional, collegiate, high school, or other organized baseball game or practice is occurring. The bill would require a baseball stadium to have posted at every entrance a conspicuous sign clearly communicating that the use of tobacco products, including smokeless tobacco, is prohibited. The bill provides that, if any provision or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
This act shall be known, and may be cited, as the
2Tobacco Free Baseball Act.
Article 1.5 (commencing with Section 118916) is
4added to Chapter 4 of Part 15 of Division 104 of the Health and
5Safety Code, to read:
6
(a) The Legislature finds and declares that the
10regulation on tobacco products in professional, collegiate, high
11school, and other baseball stadiums is a matter of statewide interest
12and concern. It is the intent of the Legislature in enacting this
13section to prohibit any tobacco product, including smokeless
14tobacco, at any time at an event site for professional, collegiate,
15high school, or other organized baseball games in all baseball
16stadiums in thisbegin delete state, thereby eliminating the need for local begin insert
state.end insert
17governments to enact tobacco restrictions within their respective
18jurisdictions.end delete
19(b) A person shall not use a tobacco product at any time at a
20baseball stadium.
21(c) For purposes of this section, the following definitions shall
22apply:
23(1) “Baseball stadium” means the physical area in which a
24professional, collegiate, high school, or other organized baseball
25game or practice is occurring, including all open, semiopen, and
26enclosed spaces and structures. A baseball stadium includes, but
27is not limited to, playing fields, dugouts, bullpens, training rooms,
28locker rooms, team bench areas, spectator seating areas, pedestrian
29walkways, bathrooms, dining areas, vendor areas, offices, and
30recreational areas.
31(2) “Organized baseball” means baseball games played in
32connection with an established league or other association of
33persons.
34(3) “Smokeless tobacco” means a product that contains cut,
35ground, powdered, or leaf tobacco and is intended to be placed in
P3 1the oral or nasal cavity, including, but not limited to, snuff, chewing
2tobacco, dipping tobacco, dissolvable tobacco products, and sinus.
3(4) “Tobacco product” includes all of the following:
4(A) A product made or derived from tobacco or nicotine that is
5intended for human consumption, whether smoked, heated, chewed,
6absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any
7other means, including, but not limited to, cigarettes, cigars, little
8cigars,
chewing tobacco, pipe tobacco, and snuff.
9(B) An electronic device that delivers nicotine or other
10substances to the person inhaling from the device, including, but
11not limited to, an electronic cigarette, cigar, pipe, or hookah.
12(C) A component, part, or accessory of a tobacco product,
13whether or not sold separately.
14(D) “Tobacco product” does not include a product that has been
15approved by the United States Food and Drug Administration for
16sale as a tobacco cessation product or for other therapeutic purposes
17where the product is marketed and sold solely for that approved
18purpose.
19(d) Each baseball stadium shall have posted at every entrance
20a conspicuous sign
clearly communicating that the use of tobacco
21products, including smokeless tobacco, is prohibited. These signs
22shall also be posted in all dugouts, bullpens, locker rooms, and
23bathrooms.
24(e) This section shall be construed as supplementing and
25imposing prohibitions and requirements in addition to those in
26existing law.
27(f) The provisions of this section are severable. If any provision
28of this section or its application is held invalid, that invalidity shall
29not affect other provisions or applications that can be given effect
30without the invalid provision or application.
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