The new law, as proposed by Supervisor Chris Daly, would ban smoking on outdoor patios of restaurants and cafes, in lines for ATMs, sports events, movies and cab stands, in 75% of hotel and motel rooms, and in the enclosed common areas of apartments and condominiums, including laundry rooms, parking garages and hallways.

It's modeled after a similar law in Belmont, though it's not quite as far-reaching in its restrictions. The Belmont law prohibits smoking inside most apartments. Earlier this week, Berkeley banned smoking in all commercial areas. "For every moment that you put tobacco smoke into your lungs, is a moment off your life," explained Bates of the idea to protect nonsmokers while at the same time convincing those who do light up to quit.

Under Daly's plan, anyone living above or adjacent to a business could sue in small claims court over secondhand smoke, claiming it is as a public nuisance.

KCBS' Holly Quan reports