4-12-105 DEFINITIONS.

    For the purposes of this Chapter the following definitions shall govern unless the context clearly requires otherwise:

    (a)   “Business” means any sole proprietorship, partnership, joint venture, corporation, association, or other entity formed for profit-making purposes or that has an employee, as defined in this section.

    (b)  “Dining area” means any area available to or customarily used by the general public, that is designed, established, or regularly used for consuming food or drink.

    (c)   “Employee” means any person who is employed; retained as an independent contractor by any employer, as defined in this section; or any person who volunteers his or her services for an employer, association, nonprofit, or volunteer entity.

    (d)  “Employer” means any person, partnership, corporation, association, nonprofit or other entity who employs or retains the service of one or more persons, or supervises volunteers.

    (e)   “Enclosed” means:

    (1)  Any covered or partially covered space having more than fifty percent (50%) of its perimeter area walled in or otherwise closed to the outside such as, for example, a covered porch with more than two (2) walls; or

    (2)  Any space open to the sky (hereinafter “uncovered”) having more than seventy-five percent (75%) of its perimeter area walled in or otherwise closed to the outside such as, for example, a courtyard;

    (3)  Except that an uncovered space of three thousand (3000) square feet or more is not enclosed, such as, for example, a field in an open-air arena.

    (f)   “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 public agency is not a nonprofit entity within the meaning of this section.

    (g)   “Place of employment” means any area under the legal or de facto control of an employer, business or nonprofit entity that an employee or the general public may have cause to enter in the normal course of operations, but regardless of the hours of operation, including, for example, indoor and outdoor work areas, construction sites, vehicles used in employment or for business purposes, taxis, employee lounges, conference and banquet rooms, bingo and gaming facilities, long-term health facilities, warehouses, enclosed common areas of multi-family housing buildings, and private residences that are used as child care or health care facilities subject to licensing requirements regardless of their hours of operation.

    (h)  “Playground” means any park or recreational area designed in part to be used by children that has play or sports equipment installed or has been designated or landscaped for play or sports activities, or any similar facility located on public or private school grounds, or on City grounds.

    (i)   “Public place” means any place, public or private, open to the general public regardless of any fee or age requirement, including, for example, bars, restaurants, clubs, stores, shopping malls, stadiums, parks, playgrounds, taxis, and buses.

    (j)   “Reasonable distance” means a distance that ensures that occupants of an area in which smoking is prohibited are not exposed to secondhand smoke created by smokers outside the area. This distance shall be a minimum of twenty (20) feet.

    (k)  “Recreational area” means any area, public or private, open to the public for recreational purposes regardless of any fee requirement, including, for example, parks, gardens, sporting facilities, stadiums, and playgrounds.

    (l)   “Service area” means any area designed to be or regularly used by one or more persons to receive or wait to receive a service, enter a public place, or make a transaction whether or not such service includes the exchange of money including, for example, automated teller machines (ATMs), bank teller windows, telephones, ticket lines, bus stops, and cab stands.

    (m) “Significant tobacco retailer” means any tobacco retailer that derives seventy-five percent (75%) or more of gross sales receipts from the sale or exchange of tobacco products and tobacco paraphernalia.

    (n)  “Smoke” means the gases, particles, or vapors released into the air as a result of combustion, electrical ignition or vaporization, when the apparent or usual purpose of the combustion, electrical ignition or vaporization is human inhalation of the 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 and electronic cigarette vapors. The term “smoke” also includes vapor generated through the use of an electronic cigarette in any manner or in any form.

    (o)  “Smoking” means engaging in an act that generates smoke, such as for example: possessing a lighted pipe, lighted hookah pipe or shisha pipe, an operating electronic cigarette, a lighted cigar, or a lighted cigarette of any kind; or lighting or igniting of a pipe, cigar, hookah pipe, cigarette of any kind, or any other weed or plant.

    (p)  “Tobacco product” means any substance containing tobacco leaf, including but not limited to cigarettes, cigars, pipe tobacco, snuff, chewing tobacco, dipping tobacco, bidis, or any other preparation of tobacco.

(Legislative History: Ordinance No. 88-022, 9/6/88; Ordinance No. 2009-011, 12/7/09 (Sections 4-12-100, 4-12-105); Ordinance No. 2014-017, 10/20/14 (Section 4-12-105))