§ 731-030. DEFINITIONS

The following words and phrases, whenever used in this Ordinance, shall have the meaning defined in this section unless the context clearly requires otherwise.

Business means any sole proprietorship, partnership, joint venture, corporation, association, or other entity formed for profit-making purposes.

Dining Area means any area, including streets and sidewalks, that is available to, or customarily used by, the general public or an Employee, and that is designed, established, or regularly used, for consuming food or drink.

Electronic Smoking Device means an electronic device that can be used to deliver an inhaled dose of nicotine, or other substances, including any component, part, or accessory of such a device, whether or not sold separately. "Electronic Smoking Device" includes any such device, whether manufactured, distributed, marketed, or sold as an electronic cigarette, an electronic cigar, an electronic cigarillo, an electronic pipe, an electronic hookah, or any other product name or descriptor.

Employee means any Person who is employed or retained as an independent contractor by an Employer in consideration for direct or indirect monetary wages or profit, or any Person who volunteers his or her services for an Employer.

Employer means any Business or Nonprofit Entity that retains the service of one or more Employees.

Enclosed Area means an area in which outside air cannot circulate freely to all parts of the area, and includes an area that has any type of overhead cover whether or not that cover includes vents or other openings and at least three walls or other vertical constraint to airflow including, but not limited to, vegetation of any height, whether or not those boundaries include vents or other openings; or four walls or other vertical constraints to airflow including, but not limited to, vegetation that exceed six feet in height, whether or not those boundaries include vents or other openings.

Nonprofit Entity means any entity that meets the requirements of California Corporations Code section 5003 as well as any corporation, unincorporated association, or other entity created for charitable, religious, philanthropic, educational, political, social, or similar purposes, the net proceeds of which are committed to the promotion of the objectives or purposes of the entity and not to private gain. A government agency is not a Nonprofit Entity within the meaning of this Chapter.

Owner-operated Business means a business having no Employees, independent contractors, or volunteers, in which the owner-operator of the business is the only worker.

Place of Employment means any area under the legal or de facto control of an Employer that an Employee or the general public may have cause to enter in the normal course of the operations, regardless of the hours of operation.

Public Place means any place, publicly or privately owned, which is open to the general public regardless of any fee or age requirement.

Reasonable Distance means distance of 25 feet in any direction from an area in which Smoking is prohibited.

Recreational Area means any area that is publicly or privately owned that is open to the general public for recreational purposes, regardless of any fee or age requirement. The term "Recreational Area" includes, but is not limited to, parks, picnic areas, playgrounds, sports fields, golf courses, walking paths, gardens, hiking trails, bike paths, riding trails, swimming pools, roller-and ice-skating rinks, skateboard parks, amusement parks, beaches, and boat ramps.

Service Area means any publicly or privately-owned area, including streets and sidewalks, that is designed to be used or is regularly used by one or more Persons to receive a service, wait to receive a service, or to make a transaction, whether or not such service or transaction includes the exchange of money. The term "Service Area" includes, but is not limited to, areas including or adjacent to information kiosks, automatic teller machines (ATM's), ticket lines, bus stops or shelters, mobile vendor lines, or cab stands.

Smoke means gases, particles, or vapors released into the air because of combustion, electrical ignition, or vaporization, when the apparent or usual purpose of the combustion, electrical ignition, or vaporization is human inhalation of byproducts, except when the combusting or vaporizing material contains no tobacco or nicotine and the purpose of inhalation is solely olfactory, such as, for example, smoke from incense. The term "Smoke" includes but is not limited to, tobacco smoke, Electronic Smoking Device vapors, marijuana smoke, and crack cocaine smoke.

Smoking means inhaling, exhaling, burning, or carrying any lighted, heated, or ignited cigar, cigarette, cigarillo, pipe, hookah, Electronic Smoking Device, or any plant product intended for human inhalation.

Tobacco Product means:

(1)

Any product containing, made, or derived from tobacco or nicotine that is intended for human consumption, whether Smoked, heated, chewed, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means, including, but not limited to cigarettes, cigars, little cigars, chewing tobacco, pipe tobacco, snuff; and

(2)

Any Electronic Smoking Device.

Notwithstanding any provisions of subsections (1) and (2) to the contrary, "Tobacco Product" includes any component, part, or accessory of a Tobacco Product, whether or not sold separately. "Tobacco Product" does not include any product that has been approved by the United States Food and Drug Administration for sale as a tobacco cessation product or for other therapeutic purposes where such product is marketed and sold solely for such and approved purpose.

Tobacco Shop means any tobacco retailer that derives more than 75% of gross sales receipts from the sale or exchange of Tobacco Products and tobacco paraphernalia.

Unenclosed Area means any area that is not an Enclosed Area.

(Ord. No. 1646, § 1, 5-8-2018)