For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
DWELLING. Any place used as a primary residence.
ELECTRONIC SMOKING DEVICE. Any product containing or delivering nicotine or any other substance intended for human consumption that can be used by a person in any manner for the purpose of inhaling vapor or aerosol from the product. The term includes any such product, whether manufactured, distributed, marketed or sold as an e-cigarette, e-cigar, e-pipe, e-hookah, vape pen, Juul or under any other similar product name or descriptor.
ENCLOSED PUBLIC PLACE. An area that:
(1) Is closed overhead by a roof or other covering of any material, whether permanent or temporary; and
(2) Has 40% or more of its perimeter closed in by walls or other coverings of any material, whether permanent or temporary; and
(3) Is open to the public.
PRIVATE ORGANIZATION. An establishment which maintains selective members, is operated by the membership, does not provide food or lodging for pay to anyone who is not a member or a member's guest, and has been granted an exemption from the payment of federal income tax as a non-profit organization under 26 U.S.C. § 501.
RETAIL TOBACCO STORE. A retail store devoted primarily to the sale of tobacco, tobacco products, electronic smoking devices, and accessories utilized for the consumption of tobacco, and in which the sale of other products is merely incidental, and that is not operated as part of or in conjunction with any business subject to the prohibition of § 98.03. The sale of such other products shall be considered incidental if such sales generate less than 25% of the total annual gross sales. Revenue generated from cigarette vending machine sales shall not be used to determine whether a business satisfies the definition of a RETAIL TOBACCO STORE.
SMOKING. Inhaling, exhaling, burning, or carrying any lighted or heated cigar, cigarette, pipe, or any other lighted or heated tobacco product or plant product intended for inhalation, including hookahs and marijuana, in any manner or form, whether or not legally possessed. SMOKING also includes the use of an electronic smoking device which creates an aerosol or vapor, in any manner or form, or the use of any oral smoking device for the purpose of circumventing the prohibition of SMOKING in this chapter.
(Ord. 09-01, passed 6-1-2009; Am. Ord. 19-01, passed 6-3-2019)