8.28.010 Definitions.

   Unless the contrary is stated or clearly appears from the context, the following definitions shall govern the construction of the words and phrases used in this chapter:

   A.   “Bar” means any establishment open to and used by the general public which is devoted to the service of alcoholic beverages and in which the service of food is only incidental to the consumption of such beverages, and any portion of such establishment, including any portion of a restaurant, which is devoted to the service of alcoholic beverages, in which the service of food is only incidental to the consumption of such beverages and which is within an enclosed area which separates the bar from the other areas of the establishment.

   B.   “Employee” means any person who regularly performs services for an employer either for compensation or as a noncompensated volunteer.

   C.   “Employer” means any person, partnership, corporation, unincorporated association and/or any nonprofit organization which employs or otherwise uses the services of one or more employees.

   D.   “Enclosed area”' means all space between a floor and ceiling which is enclosed on all sides by solid walls, windows or other impermeable surfaces which extend from the floor to the ceiling except for doors or similar openings used for ingress or egress.

   E.   “Health officer” means the city health officer; provided, that where the city council has consented by ordinance or resolution to the enforcement of public health laws in the city by the Butte County health officer, the term "health officer" shall mean the Butte County health officer.

   F.   “Place of employment” means any enclosed area under the control of an employer which employees normally frequent during the course of employment, including but not limited to, work areas, individual and group offices, employee lounges, restrooms, conference rooms, classrooms and employee cafeterias and hallways.

   G.   “Public place” means any establishment or facility area to which the public is invited or in which the public is permitted, including but not limited to banks, educational facilities, health facilities, professional offices, public transportation facilities, recreation and sports facilities, restaurants, retail food production and marketing establishments, retail service establishments, retail stores and theaters.

   H.   “Restaurant” means any establishment or portion of an establishment, other than a bar or portion of a restaurant used as a bar, which is open to and used by the general public and which is devoted to the service of food and/or beverages.

   I.   “Smoke” means the gases, particles, or vapors released into the air as a result of combustion, electrical ignition or vaporization, including from an electronic smoking device, when the apparent or usual purpose of the combustion, electrical ignition or vaporization is human inhalation of the byproducts, except when the combusting material contains no tobacco or nicotine and the purpose of inhalation is solely olfactory. Smoke includes, but is not limited to, tobacco smoke, electronic smoking device vapors, and marijuana smoke.

   J.   “Smoking” means engaging in an act that generates smoke, such as possessing a lighted pipe, a lighted hookah pipe, a lighted cigar, a lighted cigarette of any kind, or an operating electronic smoking device.

   K.   “Electronic Smoking Device” means any electronic or battery-operated device that delivers vapors for inhalation. This term includes every variation and type of such devices whether they are manufactured, distributed, marketed or sold as an electronic cigarette, an electronic cigar, an electronic cigarillo, an electronic pipe, an electronic hookah, or any other product name or descriptor. Electronic Smoking Device does not include any product specifically approved by the United States Food and Drug Administration for use in the mitigation, treatment or prevention of disease.

(Adopted by initiative, dated 11/3/92 (part), Ord. 2465 §2)

8.28.020 Smoking prohibited in city buildings and facilities.

   Smoking shall be prohibited in all enclosed areas of any building or facility owned or operated by the city, except that smoking shall be permitted in city buildings or facilities leased to other persons when not otherwise prohibited by the provisions of this chapter.

(Adopted by initiative, dated 11/3/92 (part))

8.28.030 Prohibition of smoking in enclosed areas.

   A.   Except as otherwise hereinafter provided by this chapter, smoking shall be prohibited in the enclosed areas of all public places located within the city, including but not limited to the enclosed areas of the following public places:

      1.   The hallways, waiting rooms, examination rooms, rooms used for treatment, wards and semi-private rooms of health facilities, including but not limited to, hospitals, clinics, physical therapy facilities, doctors' offices and dentists' offices;

      2.   Any portion of a grocery store, supermarket or other retail food marketing establishment which is open to and used by the general public;

      3.   Any portion of a museum, gallery or library which is open to and used by the general public;

      4.   Any portion of a theater, auditorium, or hall which is open to the general public, and used for exhibiting a motion picture, live theatrical performance, lecture, musical recital or similar performance;

      5.   Any portion of a building owned and/or operated by a public agency or entity which is open to and used by the general public and is subject to the jurisdiction of the city;

      6.   Any elevator or restroom open to and used by the general public;

      7.   Any bus, taxicab or other means of public transportation which is subject to the jurisdiction of the city, and any ticket, boarding or waiting area of a public transit depot;

      8.   Any common area in an apartment building, condominium, congregate care facility, nursing home or day care facility;

      9.   Any recreation or sports facility, including but not limited to gymnasiums, enclosed swimming pools, roller skating and ice skating rinks, bowling alleys, pool halls, health spas and other similar places where members of the general public assemble either to engage in physical exercise, participate in athletic activities or witness sports events;

      10.   Any service line where one or more persons are waiting for or receiving service of any kind, whether or not such service involves the exchange of money;

      11.   Any restaurant or bar; and

      12.   Any other business or establishment or portion of a business or establishment which is open to and used by the general public, including but not limited to retail stores, hotels and motels.

   B.   Notwithstanding the provisions of this section, the owner, operator, manager or other person who controls the enclosed area of any establishment described in this section may declare the entire establishment as a nonsmoking area.

(Adopted by initiative, dated 11/3/92 (part); amended by initiative, dated 11/5/96)

8.28.050 Prohibition and regulation of smoking in places of employment.

   It shall be the responsibility of employers to provide a smoke free work place for all employees. To carry out this responsibility each employer operating a place of employment within the city shall, on or before February 1, 1993, adopt, make known, implement and maintain a smoking policy prohibiting smoking within all enclosed places located at a place of employment without exception. This includes common work areas, individual and group offices, employee lounges, employee restrooms, conference rooms, classrooms, employee cafeterias, hallways and all other enclosed facilities. The smoking policy required by this section shall be communicated to all employees within three weeks of its adoption and employers shall supply a written copy of such smoking policy upon request of any existing or prospective employee.

(Adopted by initiative, dated 11/3/92 (part))

8.28.053 Prohibition of smoking in certain unenclosed areas.

   Smoking shall be prohibited in all unenclosed areas located within 20 feet of the doorway or operable window, or other opening, into any enclosed area, place of employment or outdoor café in which smoking is prohibited by this chapter, except while actively passing by on the way to another destination and provided that smoke does not enter any of those areas where smoking is prohibited.

(Ord. 2437)

8.28.055 Prohibition of smoking in outdoor cafés.

   Smoking shall be prohibited in all outdoor cafés authorized to serve alcoholic beverages pursuant to a licence granted under Chapter 14.70.

(Ord. 2409 §1)