The following words and phrases, whenever used in this chapter, shall be construed as defined in this section:
"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.
"Common area"means every enclosed area or unenclosed area of a multifamily residence that residents of more than one unit of that multifamily residence are entitled to enter or use, including, but not limited to, halls, paths, lobbies, courtyards, elevators, stairwells, community rooms, playgrounds, gym facilities, swimming pools, parking garages, parking lots, shared restrooms, shared laundry rooms, common cooking areas and shared eating areas.
"Designated smoking area"means a designated portion of an unenclosed area where smoking may be allowed. The smoking area must meet all of the following criteria:
(1) Must be located at least 25 feet in any direction from any operable doorway, window, vent or other opening into an enclosed area;
(2) Must be located at least 25 feet from unenclosed recreational areas that are primarily used by children;
(3) Must be located at least 25 feet from unenclosed areas that have improvements that facilitate physical activity including playgrounds, tennis courts, swimming pools, walking paths and sports fields;
(4) Must be clearly identified by conspicuous signs, and have ash receptacles, such as ash trays or ash cans, within the area for proper disposal of smoking waste.
"Dining area"means any area available to or customarily used by the general public, which is designed, established, or regularly used for consuming food or drink.
"Electronic smoking device"means an electronic and/or battery-operated device, the use of which may resemble smoking, which can be used to deliver an inhaled dose of nicotine or other substances. "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. "Electronic smoking device" does not include any product specifically approved by the United States Food and Drug Administration for the use in the mitigation, treatment, or prevention of disease.
"Employee"means any person who is employed by any employer or hired as an independent contractor in consideration for direct or indirect monetary wages or profit, and any person who volunteers his or her services for a nonprofit entity.
"Employer"means any person, partnership, corporation or nonprofit entity, including a municipal corporation, who employs the services of one or more persons.
"Enclosed area"means all space between a floor and ceiling where the space is closed in on all sides by solid walls or windows that extend from the floor to the ceiling. An enclosed area may have openings for ingress and egress, such as doorways or passageways.
"Landlord"means any person who owns property rented for residential use, any person who lets residential property, and any person who manages such property, except that "Landlord" does not include a master tenant who sublets a unit as long as the master tenant sublets only a single unit of a multifamily residence.
"Multifamily residence"for purposes of this chapter means residential property containing two or more units with one or more shared walls, floors or ceilings, including, but not limited to, apartments, residential cooperatives, residential condominiums, duplexes, and other attached housing. "Multifamily residence" does not include:
(4) A single-family detached residence;
(5) A single-family home with an attached or detached accessory dwelling unit as defined by Government Code Section
65852.2 when permitted pursuant to local ordinance and/or applicable State law;
(6) Residential care facilities for seniors licensed by the State of California.
"New unit"means a multifamily residence that is issued a certificate of occupancy or final inspection on or after October 6, 2015, and also a unit that is leased or rented for the first time on or after October 6, 2015.
"Nonprofit entity"means any corporation, unincorporated association or other entity created for charitable, educational, political, social or other similar purposes, the net proceeds from the operations of which are committed to the promotion of the objects or purposes of the organization and not to private financial gain. A public agency is not a "nonprofit entity" within the meaning of this section.
"Parks and recreational areas"means properties and areas owned or operated by the City and open to the general public for recreational purposes, including parks, gardens, playgrounds, picnic and barbeque areas, sporting facilities, including, but not limited to, bleachers, dugouts, ball fields, sport courts, golf courses, swimming pools, and nature trails for walking, running, and biking. The entire property, including parking areas, is included in this definition.
"Place of employment"means any area under the control of an employer that an employee or the public may have cause to enter in the normal course of operations, regardless of the hours of operation. Places of employment include, but are not limited to, indoor work areas, bars, restaurants, at least 75 percent of the guest rooms in any hotel and motel, vehicles used for business purposes, taxis, employee lounges and break rooms, conference and banquet rooms, bingo and gaming facilities, long-term health care facilities, warehouses, retail or wholesale tobacco shops, and private residences used as licensed child care or health care facilities when employees, children or patients are present during business hours. The places specified in subdivisions (d)(1)-(8), (12)-(14) of the Labor Code Section
6404.5 are places of employment for purposes of this division and are regulated as specified in this chapter. The places specified in subdivision (d)(9)-(11) of the Labor Code are not places of employment for purposes of this chapter.
"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 property, or on City property.
"Public place"means any area in which the public is invited or in which the public is permitted, including, but not limited to: places of employment, banks, educational facilities, health facilities, public transportation facilities, reception areas, restaurants, retail food production and marketing establishments, retail stores, theaters and waiting rooms.
"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 25 feet.
"Residential care facility"means housing for seniors licensed by the State Health and Welfare Agency, Department of Social Services, typically for residents who are frail and need supervision. Services normally include three meals daily, housekeeping, security and emergency response, a full activities program, supervision in the dispensing of medicine, personal services such as assistance in grooming and bathing, but no nursing care.
"Restaurant"means any coffee shop, cafeteria, tavern, sandwich stand, soda fountain, private or public school cafeteria, and any other eating establishment, organization, club, boardinghouse or guest house, which gives or offers food for sale to the public, guests, patrons, members or employees.
"Retail tobacco store"means a retail store utilized primarily for the sale of tobacco products and accessories.
"Self-service display"means the open display of tobacco products or tobacco paraphernalia in a manner that is accessible to the general public without the assistance of the retailer or employee of the retailer.
"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 wait for or receive a service or make a transaction, whether or not such service or transaction involves the exchange of money, such as, but not limited to, ATM lines, outdoor food vending, movie theater lines, and taxi cab stands. The term "service area" includes all bus stops and other transit facilities.
"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 consumption of the byproducts. The term "smoke" includes, but is not limited to, tobacco smoke and vapors from electronic smoking device paraphernalia. "Smoke" does not include the byproducts of any device or product that has been approved for therapeutic purposes by the U.S. Food and Drug Administration (FDA).
"Smoking"means igniting, inhaling, exhaling, burning, vaping, operating, or carrying any lighted cigar, cigarette, pipe, hookah, electronic smoking device, tobacco product, or any other combustible substance including marijuana.
"Sports arena"means sports pavilions, gymnasiums, health spas, boxing arenas, swimming pools, roller and ice rinks, bowling alleys and other similar places where members of the public assemble to engage in physical exercise, participate in athletic competition, or witness sports events.
"Tobacco paraphernalia"means cigarette papers or wrappers, pipes, holders of smoking materials of all types, cigarette rolling machines, and any other item designed for the smoking or ingestion of tobacco products.
"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. Also includes any product or formulation of matter containing biologically active amounts of nicotine or synthetic nicotine that is manufactured, sold, offered for sale, or otherwise distributed with the expectation that the product or matter will be introduced into the human body, including, but not limited to, electronic smoking devices.
"Tobacco retailer"means any person who sells, offers for sale, or does or offers to exchange for any form of consideration, tobacco, tobacco products, or tobacco paraphernalia. "Tobacco retailing" shall mean the doing of any of these things. This definition is without regard to the quantity of tobacco, tobacco products, or tobacco paraphernalia sold, offered for sale, exchanged, or offered for exchange.
"Unit"for the purpose of this chapter means a residential personal dwelling space, even where lacking cooking facilities or private plumbing facilities, and includes any associated exclusive use enclosed area or unenclosed area, such as, for example, a private balcony, porch, deck, or patio.
"Vending machine"means any electronic or mechanical device or appliance, the operation of which depends upon insertion of money, whether in coin or in paper bill, or other thing representative of value, which dispenses or releases tobacco products and/or tobacco accessories.
(Ord. 4044 § 1, 2015; Ord. 2017-024 § 10)