For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
BAR. An area which is devoted to serving of alcoholic beverages and in which the service of food is only incidental to the consumption of such beverages.
EMPLOYEE. Any person who is employed by any employer in consideration for monetary compensation or profit.
EMPLOYER. Any person, partnership, corpora-tion, including municipal corporation, who employs the services of more than five persons.
ENCLOSED. Closed in by a roof and walls with appropriate openings for ingress and egress and is not intended to mean areas commonly described as public lobbies.
OUTDOOR DINING AREA. Any publicly or privately owned outdoor 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.
PARK or PUBLIC GROUNDS. As defined in § 14.04.010 of this code, as well as public and privately owned recreational facilities, parks, playgrounds, athletic fields restrooms, picnic areas, spectator and concession areas, walking paths, gardens, hiking trails, roller and ice-skating rinks, skateboard parks, amusement parks, zoos, and aquatic areas.
PLACE OF EMPLOYMENT or WORKPLACE. Any enclosed area of a structure or portion thereof under the control of a public or private employer which employees normally frequent during the course of employment, including, but not limited to, work areas, employee lounges, conference rooms, and employee cafeterias. A private residence is not a place of employment.
PUBLIC EVENT AREA. Any publicly or privately owned place used for an event open to the general public, regardless of any fee or age requirement, including a farmer's market, parade, fair, or festival.
PUBLIC PLACE. Any enclosed area to which the public is invited or in which the public is permitted, including but not limited to, banks, educational facilities, health facilities, public transportation facilities, reception areas, lobbies, restaurants, retail food production and marketing establishments, retail stores, theaters, waiting rooms, offices, auditoriums, classrooms, conference and meeting rooms. A private residence is not a public place.
SERVICE AREA. 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 within 25 feet of information kiosks, automatic teller machines, service lines, bus stops or shelters, or cab stands.
SMOKE or SMOKING. Includes inhaling, exhaling, burning, or carrying any lighted or heated cigar, cigarette, or pipe, or any other lighted or heated tobacco or plant product intended for inhalation, whether natural or synthetic, in any manner or in any form. SMOKING includes the use of an electronic smoking device that creates an aerosol or vapor, in any manner or in any form, or the use of any oral smoking device for the purpose of circumventing the prohibition of smoking. SMOKE and SMOKING and tobacco product includes those definitions set forth in Cal. Health and Safety Code § 104495, as that section may be amended from time to time. Plant product includes cannabis, as defined in Cal. Business and Professions Code § 26001, as that section may be amended from time to time.
(‘86 Code, § 9.18.020) (Ord. 4089, passed - - ; Am. Ord. 4526, passed 7-28-08; Am. Ord. 4625, passed 10-28-13; Am. Ord. 4785, passed 5-10-21)