Stockton, CA Public Conduct: Outdoor Smoking Restrictions (2026)
Key Facts
- Buffer distance
- 20 feet
- Default charge
- Misdemeanor (infraction option)
- Sign lettering
- At least 1/2 inch
- Bar exception
- 100% of outdoor seating
- "Smoking" definition
- Includes weed/plant material
Summary
Stockton bans smoking within 20 feet of the main entrance, exit, or operable window of any building open to the public under the Smoke-free Entryway Ordinance, Municipal Code § 8.48.040. The definition of "smoking" in § 8.48.030 reaches cigars, cigarettes, pipes, and weed or plant material, so the buffer also covers marijuana.
A. Smoking shall be prohibited within 20 feet of all main entrances, exits, or operable windows to any building that is open to the public where smoking is prohibited, except while passing on the way to another destination. Ashtrays are not required. However, if present, ashtrays or any receptacle used to dispose of burning tobacco products shall be located 20 feet or the furthest reasonable distance from the main entrance, exit, or operable windows so as to minimize the chance of smoke entering through the main entrance, exit, or operable windows of a building open to the public. B. Exception for Restaurants and Bars. Restaurants may allow smoking in an outdoor seating area, provided that the smoking area is located the furthest reasonable distance from the main entrance, exit, or operable windows so as to minimize the chance of smoke entering the restaurant. One hundred percent of the outdoor seating areas of bars may allow smoking, provided that reasonable efforts are made to minimize the chance of smoke entering the bar.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4970744; v11 updated 2026-07-07).
Full Breakdown
030 defines broadly to include banks, grocery and drug stores, service stations, hotels and motels, restaurants and bars, general offices, hospitals and clinics, salons, dry cleaners, laundromats, theaters, museums, and libraries. 040(A), no one may smoke within 20 feet of a main entrance, exit, or operable window of such a building; ashtrays aren't required, but if provided they must sit at that 20-foot distance or the furthest reasonable point from the opening to keep smoke out. 040(B): a restaurant may allow smoking in an outdoor seating area if it's positioned the furthest reasonable distance from the entrance, exit, or windows, and bars may allow smoking across 100 percent of their outdoor seating area, provided they make reasonable efforts to keep smoke from drifting inside.
050). 060(A)). A property owner, manager, or operator isn't liable for a patron's violation if they posted the required signs and, when appropriate, asked the smoker to stop or leave, unless the person making that request feared for their safety. 070).
Violations & Fines
Smoking within 20 feet of a covered building's entrance, exit, or operable window is a misdemeanor unless the prosecutor files it as an infraction. An owner or manager who fails to post the required "No Smoking Within Twenty Feet" signage, or who allows violations without asking the smoker to stop, can be cited directly for permitting a violation on their premises.
Frequently Asked Questions
How close to a Stockton business entrance can someone smoke?
Can a Stockton bar allow smoking on its patio?
Is violating Stockton's entryway smoking ban a crime?
Sources & Official References
Other rules in Stockton
California rules heatmap·Compare Stockton to another location·View the California public conduct overview
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Outdoor Smoking Restrictions in Nearby Cities
How other cities in San Joaquin County handle outdoor smoking restrictions.