§ 12.80  DEFINITIONS.
   The following words and terms, when used in this Division O, shall have the following meanings unless the context clearly indicates otherwise.
   BAR. A portion of an establishment where a person can purchase and consume .
   ELECTRONIC DELIVERY DEVICE. Any product containing or delivering nicotine, lobelia or any other substance intended for human consumption through the inhalation of aerosol or vapor from the product. ELECTRONIC DELIVERY DEVICE includes, but is not limited to, devices manufactured, marketed, or sold as e-cigarettes, e-cigars, e-pipes, vape pens, mods, tank systems, or under any other product name or descriptor. ELECTRONIC DELIVERY DEVICE also includes any component part of a product whether or not sold separately. ELECTRONIC DELIVERY DEVICE does not include any product that has been approved or certified by the United States Food and Drug Administration for sale as a -cessation product, as a -dependence product, or for other medical purposes, and is marketed and sold for such an approved purpose.
   NICOTINE DELIVERY PRODUCT. Any product containing or delivering nicotine or lobelia intended for human consumption, or any part of such a product, that is not or an electronic delivery device as defined by this section. NICOTINE DELIVERY PRODUCT excludes any product that has been approved by the United States Food and Drug Administration for sale as a use cessation product or for medical purposes, and is being marketed and sold solely for such an approved purpose.
   OFFICE. A building, structure or area used by the general public or serving as a at which principal activities consist of professional, clerical or administrative services. An OFFICE includes, but is not limited to, professional offices, offices in financial institutions, business offices, telemarketing offices and governmental offices.
   OTHER PERSON IN CHARGE. The agent of the authorized to perform administrative direction to and general supervision of the activities within a and at any given time.
   PLACE OF WORK. Any enclosed, indoor location at which two or more individuals perform any type of a service for consideration of payment under any type of employment relationship, including, but not limited to, an employment relationship with or for a private corporation, partnership, individual or government agency. This term includes any location where two or more individuals gratuitously perform services for which individuals are ordinarily paid. Examples of a PLACE OF WORK include enclosed, indoor areas of an , a public conveyance, a factory, a warehouse, a hotel or motel and other locations where services are performed under an employment relationship. Enclosed, indoor areas of private clubs, and rooms used for private meetings or social functions, are PLACES OF WORK if two or more persons acting under an employment relationship provide cleaning, catering, food or beverage service, maintenance or other support services in the location.
   PROPRIETOR. The party, regardless of whether the party is the owner or lessee of the or , who ultimately controls, governs or directs the activities within the or . The term PROPRIETOR may apply to a corporation as well as an individual.
   PUBLIC PLACE. Any enclosed, indoor area used by the general public or serving as a , including, but not limited to, , retail stores, and other commercial establishments, public conveyances, auditoriums, arenas, meeting rooms, common areas of rental apartment buildings, and educational facilities other than public schools.
   RESTAURANT. A food and beverage service establishment, whether the establishment serves alcoholic or nonalcoholic beverages.
   SMOKING. The inhaling, exhaling or combustion of any cigarette, cigar, pipe or any other lighted smoking equipment, including inhaling or exhaling vapor from any . SMOKING includes carrying a lighted cigarette, cigar, pipe or any other lighted smoking equipment.
   TOBACCO. Any product containing, made or derived from tobacco that is intended for human consumption, whether chewed, smoked, absorbed, dissolved, inhaled, snorted, sniffed or ingested by any other means, or any component, part or accessory of a tobacco product, including, but not limited to, cigarettes, cigars, cheroots, stogies, perique, granulated, plug cut, crimp cut, ready rubbed and other smoking tobacco; snuff, snuff flower, cavendish, plug and twist tobacco, fine cut and other chewing tobaccos; shorts, refuse scripts, clippings, cuttings, and sweepings of tobacco; and other kinds and forms of tobacco.
   TOBACCO-RELATED DEVICE. Cigarette papers or pipes for smoking, or any other device intentionally designed or intended to be used with . TOBACCO-RELATED DEVICE includes components of tobacco-related devices which may be marketed or sold separately.
   TOBACCO-RELATED PRODUCT. Any , , electronic delivery device, or , as those terms are defined in this section.
(Ord. 84-26, passed 6-4-1984; recodified by Ord. 98-53, passed 11-16-1998; added by Ord. 2004-34, passed 7-19-2004; Ord. 2014-17, passed 11-17-2014; Ord. 2017-37, passed 11-6-2017)