The following words and phrases, whenever used in this chapter, shall have the meanings defined in this chapter unless the context clearly requires otherwise:
A. “Business” means any sole proprietorship, partnership, joint venture, corporation, association, landlord, or other entity formed for profit-making purposes. A Business also includes owner-operated entities with no Employees in which the owner is the only worker.
B. “Common Area” means every area of a Multi-unit Residence that residents of more than one unit are entitled to enter or use, including, but not limited to, halls, pathways, lobbies, courtyards, elevators, stairs, community rooms, playgrounds, gym facilities, swimming pools, parking garages, parking lots, grassy or landscaped areas, restrooms, laundry rooms, cooking areas, and eating areas.
C. “Dining Area” means any privately owned or publicly owned area, street, or sidewalk, which is available or customarily used by the general public or an employee and which is designed, established, or regularly used for consuming food or drink.
D. “Electronic smoking device” means any device that may be used to deliver any aerosolized or vaporized substance to the person inhaling from the device, including, but not limited to, an e-cigarette, e-cigar, e-pipe, vape pen, or e-hookah.
E. “Employee” means any Person who is employed or retained as an independent contractor by any Employer in consideration for direct or indirect monetary wages or profit, or any Person who volunteers his or her services for an Employer.
F. “Employer” means any Business or Nonprofit Entity that retains the service of one or more Employees.
G. “Enclosed area” means all space between a floor and a ceiling that is bounded by walls, doorways, or windows, whether open or closed, covering more than 50 percent of the combined surface area of the vertical planes constituting the perimeter of the area. A wall includes any retractable divider, garage door, or other physical barrier, whether temporary or permanent.
H. “Landlord” means any person or agent of a person who owns, manages, or is otherwise legally responsible for a unit in a Multi-unit Residence that is leased to a residential tenant. For purposes of this ordinance, a tenant who sublets their unit (e.g., a sublessor) is not a landlord.
I. “Multi-unit Residence” means property containing two or more attached units, including, but not limited to, apartment buildings, condominiums, duplexes and triplexes, attached single-family homes, senior and assisted living facilities, and long-term health care facilities. “Multi-unit Residences” do not include the following:
1. a hotel or motel that meets the requirements of California Civil Code section 1940(b)(2);
2. a mobile home park;
3. a campground;
4. a marina or port; and
5. a detached single-family home with or without an attached or detached accessory dwelling unit, junior accessory dwelling unit, or second unit.
J. “Nonprofit Entity” means any entity that meets the requirements of California Corporations Code section 5003 as well as any corporation, unincorporated association, or other entity created for charitable, religious, philanthropic, educational, political, social, or similar purposes, the net proceeds of which are committed to the promotion of the objectives or purposes of the entity and not to private gain. A government agency is not a Nonprofit Entity within the meaning of this chapter.
K. “Nonsmoking Area” means any area in which smoking is prohibited by
1. this chapter or other law;
2. binding agreement relating to the ownership, occupancy, or use of real property; or
3. a person with legal control over the area.
L. “Person” means any natural person, partnership, cooperative association, corporation, personal representative, receiver, trustee, assignee, or any other legal entity, including government agencies.
M. “Place of Employment” means any area under the legal or de facto control of an Employer that an Employee or the general public may have cause to enter in the normal course of the operations, regardless of the hours of operation.
N. “Public Place” means any place, publicly or privately owned, which is open to the general public regardless of any fee or age requirement.
O. “Reasonable distance” means a distance of 30 feet in any direction from an area in which smoking is prohibited.
P. “Recreational Area” means any outdoor area, including streets and sidewalks adjacent to Recreational Areas, owned or operated by the City of Cupertino and open to the general public for recreational purposes, regardless of any fee or age requirement. The term “Recreational Area” includes, but is not limited to parks, picnic areas, playgrounds, sports fields, golf courses, walking paths, gardens, hiking trails, bike paths, horseback riding trails, swimming pools, roller-skating rinks, and skateboard parks, and parking lot or other area designated or primarily used for parking vehicles of persons accessing a Recreational Area.
Q. “Service Area” means 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 adjacent to information kiosks, automatic teller machines (ATMs), ticket lines, bus stops or shelters, mobile vendor lines, or cab stands.
R. “Smoke” means the gases, particles, or vapors released into the air as a result of combustion, electrical ignition, or vaporization, when the apparent or usual purpose of the combustion, electrical ignition, or vaporization is human inhalation of the byproducts, except when the combusting or vaporizing material contains no tobacco or nicotine and the purpose of inhalation is solely olfactory, such as, for example, smoke from incense. The term "Smoke" includes, but is not limited to, tobacco smoke, vapors from an electronic smoking device, and marijuana smoke.
S. “Smoking” means:
1. inhaling, exhaling, or burning, any tobacco, nicotine, cannabis, or plant product, whether natural or synthetic;
2. carrying any lighted, heated, or activated tobacco, nicotine, marijuana, or plant product, whether natural or synthetic, intended for inhalation; or
3. using an “electronic smoking device.”
T. “Unenclosed Area” means any area that is not an enclosed area.
U. “Unit” means a personal dwelling space, even one lacking cooking facilities or private plumbing facilities, and includes any associated exclusive-use area, such as a private balcony, porch, deck, or patio. “Unit” includes, without limitation, an apartment; a condominium; a townhouse; a room in a senior facility; a room in a long-term health care facility, assisted living facility, community care facility, or hospital; a room in a hotel or motel; a dormitory room; a room in a single-room occupancy facility; a room in a homeless shelter; a mobile home; a camper vehicle or tent; a single-family home; and an accessory dwelling unit, junior accessory dwelling unit, or second unit. (Ord. 21-2227 (part), 2021; Ord. 14-2121, § 2, 2014; Ord. 11-2077 (part), 2011)