Merced, CA Public Conduct: Outdoor Smoking Restrictions (2026)
Key Facts
- Governing section
- Municipal Code Sec. 8.26.050
- Restaurant exception
- 75% seating must be no-smoking
- Exempt hours
- 10 p.m. to 6 a.m.
- Violation classification
- Infraction (Sec. 8.26.040)
- Fully exempt places
- Bars, homes, hotel rooms, tobacco shops
Summary
Merced law bans smoking in every place in the city, with only the narrow exceptions carved out in the smoking ordinance, under Sec. 8.26.050. A restaurant escapes the ban only if at least 75 percent of its seating is a posted no-smoking section, or between 10 p.m. and 6 a.m.; violating the posted rule is an infraction under Sec. 8.26.040.
Smoking is prohibited in every place in the city, provided, however, that this prohibition against smoking shall not apply within a restaurant wherein a "no smoking" area of not less than seventy-five (75) percent of the seating capacity in which customers are served is maintained, nor shall this prohibition apply between the hours of ten p.m. and six a.m. The owner, manager, or operator of a restaurant shall post "no smoking" signs in the designated no smoking sections and a sign in at least three-fourths-inch letters conspicuously displayed at the main entrance of the restaurant which states as follows: "_______% seating reserved for non-smokers."
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 85 - 1-26).
Full Breakdown
26, the city's smoking ordinance dating to 1987 and amended in 1994, opens with a blanket rule: Sec. 050 prohibits smoking in every place in the city. m. Restaurants using that exception must post 'no smoking' signs in the smoking-restricted areas and a sign at least three-quarters of an inch tall at the main entrance stating the exact percentage of seating reserved for non-smokers. Beyond the blanket rule, the chapter separately bans smoking in city-owned or leased buildings (Sec. 020), in buses, taxis, and any other mode of paid public transportation on city streets (Sec.
060), and in every place of employment in the city (Sec. 070), with retaliation against an employee who invokes the chapter's protections also prohibited (Sec. 080). Sec. 090 lists the only places where no smoking regulation is required at all: bars, private residences (unless used as a business employing more than two people), hotel and motel rooms rented to guests, retail tobacco stores, and licensed card rooms or bingo halls that keep at least 50 percent of their seating smoke-free. All required no-smoking signage must be posted clearly and conspicuously under Sec. 100, and ashtrays should be removed from nonsmoking areas where possible.
Violations & Fines
Smoking in a posted no-smoking area, or otherwise violating any part of Chapter 8.26, is an infraction under Sec. 8.26.040. A restaurant that skips the required signage, or that fails to keep at least 75 percent of its seating as a genuine no-smoking section, loses the exception in Sec. 8.26.050 and is treated as violating the citywide smoking ban outright, exposing the owner, manager, or operator to infraction penalties for every violation observed.
Frequently Asked Questions
Is smoking banned everywhere in Merced?
Can a Merced restaurant have a smoking section?
What's the penalty for smoking in a banned area in Merced?
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Sources & Official References
Other rules in Merced
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