As used in this chapter:
"Bar"shall mean an establishment: (A) that sells or offers for sale alcoholic beverages pursuant to a license from the Department of Alcoholic Beverage Control; (B) that limits entry to persons of a certain age during some or all operating hours; and (C) where food service, if any, is subordinate to the sale of alcoholic beverages. This does not include a bar area that is an integrated part of a restaurant.
"Employee"shall mean any person who is employed by any employer in consideration for direct or indirect monetary wages or profit.
"Employer"shall mean any person who employs the services of an individual person.
"Enclosed"shall mean closed in by a roof and walls with appropriate openings for ingress and egress.
"Hookah café"shall mean any facility or location whose business operation, whether as its primary use or as an accessory use, is denoted by the smoking of tobacco or other substances through one or more pipes (commonly known as a hookah, waterpipe, shisha or narghile) designed with a tube passing through an urn of water that cools the smoke as it is drawn through it, including but not limited to establishments known variously as hookah bars, hookah lounges or hookah cafés.
"Minor"means a person who is under eighteen years of age.
"Nightclub"means a bar or similar establishment that provides live entertainment (music and/or dancing, comedy, etc.) in conjunction with alcoholic beverage sales.
"Open air dining area"means any unenclosed area located on private or public property made available to or customarily used by the general public that is designed, established or regularly used for consuming food and/or beverages, or where food or beverages are served whether or not for compensation. This includes, without limitation, restaurants, restaurants at hotels and private clubs, cafés, and coffee shops.
"Outdoor service area"means any unenclosed area where one or more persons wait for, receive or exchange goods or services of any kind; including without limitation lines or waiting areas for: (A) ATM machines; (B) information kiosks; (C) banks; (D) restaurants and other food service; (E) tickets and admission to a theater or other venue event; (F) car washes and vehicle service establishments; and (G) valet parking pick-up areas.
"Private membership club"shall mean a facility where: (A) entry into and use of the facility is restricted to members and guests of members; (B) membership is subject to approval by club members or club management; (C) the members are required to pay dues for use and/or maintenance of the facilities.
"Public place"shall mean any enclosed public place within an establishment where smoking is prohibited by law, in which the public is permitted, including, without limitation, public restrooms, elevators, stairwells and parking facilities, to the extent not otherwise governed by or exempted from California Labor Code Section
6404.5 and California Health and Safety Code Section
118875,
et seq. A private residence is not a "public place"; however, an elevator in a residential building shall constitute a public place.
"Restaurant"means an establishment that: (A) sells, or offers for sale, food and beverages during all hours it is open for business; (B) prepares food on-site in a kitchen capable of preparing food from its component ingredients and otherwise meets the definition of a "bona fide public eating place" contained in California Business and Professions Code Section
23038; and (C) where service of alcoholic beverages is secondary to service of food except that the term "restaurant" shall not include a "bar" or "nightclub" as defined above.
"Smoke" or "smoking"shall mean and include the carrying of a lighted pipe, or lighted cigar, or lighted cigarette of any kind, or the lighting, burning, inhaling or exhaling of the smoke of a pipe, cigar, or cigarette of any kind.
"Unenclosed"means a predominantly outdoor area that does not meet the definition of "enclosed."
(Ord. 11-863 § 2, 2011)