For the purpose of §§ 9-5-5-1 et seq., the following definitions shall apply unless the context clearly indicates or requires a different meaning.
BAR. An establishment that is devoted to the selling or serving of alcoholic beverages for consumption by patrons on the premises and in which the serving of food is only incidental to the consumption of those beverages, including taverns, nightclubs, cocktail lounges and cabarets.
CANNABIS CONSUMPTION AREA. An area of a cannabis establishment licensed under the Cannabis Regulation Act, Chapter 26, Article 2C NMSA 1978 designated for smoking or other use of cannabis.
CIGAR BAR. An establishment that:
(1) Is a bar as defined in this section; and
(2) Is engaged in the business of selling cigars for consumption by patrons on the premises and generates 10% or more of its total annual gross revenue or at least $10,000 in annual sales from the sale of cigars, not including any sales from vending machines. A cigar bar that fails to generate at least 10% of its total annual sales from the sale of cigars in the calendar year after December 31, 2006, not including sales from vending machines, shall not be defined as a CIGAR BAR and shall not thereafter be known as such regardless of sales figures. A cigar bar shall agree to provide adequate information to demonstrate to the city's satisfaction compliance with this definition. Determination by the State of New Mexico that a business is a CIGAR BAR shall be conclusive evidence that such establishment is a CIGAR BAR under §§ 9-5-5-1 et seq.
DESIGNATED OUTDOOR SMOKING AREA. An area where smoking may be permitted, designated by an employer or manager, outside an indoor workplace or indoor public place; provided that the following conditions are maintained:
(1) Smoking shall not be permitted near any building entrance, including a door, window or ventilation system of any facility where smoking is prohibited under the provisions of the Albuquerque Clean Indoor Air Ordinance, so as to prevent secondhand smoke from entering the indoor workplace or indoor public place; and
(2) Employees or members of the general public are not required to walk through the smoking area to gain entrance to the indoor workplace or indoor public place.
EMPLOYER. An individual, a partnership, a corporation, the City of Albuquerque or any governmental body over which the city has jurisdiction that employs the services of one or more individuals.
ENCLOSED. Any interior space predominantly or totally bounded on all sides and above by physical barriers, regardless of whether such barriers consist of or include uncovered openings, screened or otherwise partially covered openings or open or closed windows.
INDOOR PUBLIC PLACE. The enclosed area within any governmental or nongovernmental place to which the public is invited or in which the public is permitted regardless of whether work or public business, meetings or hearings occur at any given time.
INDOOR WORKPLACE. Any enclosed place where one or more persons engage in work, including lobbies, reception areas, offices, conference and meeting rooms, employee cafeterias and lunchrooms, break rooms and employee lounges, classrooms, auditoriums, hallways, stairways, waiting areas, elevators and restrooms and includes all indoor workplaces and enclosed parts regardless of whether work occurs at any given time.
PRIVATE CLUB. An organization, whether incorporated or not, that is the owner, lessee or occupant of a building or portion thereof used exclusively for the organization's purposes at all times, that is operated solely for recreational, fraternal, social, patriotic, political, benevolent or athletic purposes, but not for pecuniary gain, and that only sells alcoholic beverages incidental to its operation. The organization shall have bylaws or a constitution to govern its activities and shall have been granted an exemption as a club under the provisions of Section 501 of the Internal Revenue Code of 1986, as amended.
PUBLIC PLACE. A place to which the general public has access and includes hallways, lobbies, and other parts of apartment buildings and hotels that do not constitute rooms or apartments designated for actual residence; highways; streets; sidewalks; schools; places of amusement; parks; playgrounds; and places used in connection with public passenger transportation.
RESTAURANT. A coffee shop, cafeteria, private or public school cafeteria or eating establishment and any other eating establishment that gives or offers for sale food to the public, patrons or employees, including kitchens and catering facilities in which food is prepared on the premises for serving elsewhere or a bar area within or attached to the premises.
RETAIL TOBACCO STORE. A retail store used primarily for the sale of tobacco products and accessories and in which the sale of other products is merely incidental, including smoke shops, cigar shops
or hookah lounges, and does not include establishments that offer for sale alcoholic beverages for consumption by patrons on the premises.
SECONDHAND SMOKE. Smoke emitted from lighted, smoldering or burning tobacco when the smoker is not inhaling, smoke emitted at the mouthpiece during puff drawing and smoke exhaled by the smoker.
SMOKEFREE AREA. Any building or other enclosed space where smoking is prohibited.
SMOKING. Inhaling, exhaling, burning, carrying or holding any lighted, heated, or otherwise volatilized tobacco or cannabis product, including all types of cigarettes, cigars, pipes , e-cigarettes, vaporizers, and any other lighted tobacco or cannabis product.
SMOKING PERMITTED AREA. Any building or other enclosed space where smoking may be permitted; provided that secondhand smoke does not infiltrate any area where smoking is prohibited pursuant to the Albuquerque Clean Indoor Air Ordinance.
(Ord. 21-2008; Am. Ord. 2022-16)