For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ELECTRONIC SMOKING DEVICE. An electronic and/or battery-operated device, the use of which may resemble smoking that can be used to deliver an inhaled dose of nicotine or other substances. ELECTRONIC SMOKING DEVICE includes any such device, whether 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.
INDOOR WORKPLACE. Any indoor place of employment or employment-type service for or at the request of another individual or individuals, or any public or private entity, whether part-time or full-time and whether for compensation or not. Such services shall include, without limitation, any service performed by an owner, employee, independent
contractor, agent, partner, proprietor, manager, officer, director, apprentice, trainee, associate, servant, or volunteer. An
INDOOR WORKPLACE includes work areas, employee lounges, restrooms, conference rooms, classrooms, employee cafeterias, hallways, any other spaces used or visited by employees, and all space between a floor and ceiling that is predominantly or totally enclosed by walls or windows, regardless of doors, doorways, open or closed windows, stairways, or the like. The provisions of this section shall apply to such indoor workplace at any given time, whether or not work is being performed.
OUTDOOR AREA. Any covered area, partially covered area or area open to the sky that is on a property owned by the city.
PUBLIC PLACE. Any enclosed indoor area where individuals other than employees are invited or permitted; the term is synonymous with the phrase ANY INDOOR PLACE USED BY OR OPEN TO THE PUBLIC.
RECREATIONAL AREA. Any area that is owned, controlled, or used by the city 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, riding trails, swimming pools, roller- and ice-skating rinks, beaches surrounding lakes, and skateboard parks.
RESTAURANT. Any eating establishment regardless of seating capacity.
SMOKING. The carrying by a person of a lighted cigar, cigarette, pipe, or other lighted smoking device.
STAND-ALONE BAR, STAND-ALONE TAVERN, AND CIGAR BAR. An establishment that derives more than 60% of its gross receipts, subject to verification by competent authority, from the sale of alcoholic beverages and low-point beer, and no person under 21 years of age is admitted, except for members of a musical band employed or hired as provided in 37A O.S. §§ 5-101 et seq.
and that is not located within, and does not share any common entryway or common indoor area with, any other enclosed indoor workplace, including a restaurant.
TOBACCO PRODUCT. Any substance containing tobacco leaf; including but not limited to cigarettes, cigars, pipe tobacco, hookah tobacco, snuff, chewing tobacco, dipping tobacco, snus, bidis, or any other preparation of tobacco; and any product or formulation of matter containing biologically active amounts of nicotine that is manufactured, sold, offered for sale, or otherwise distributed with the expectation that the product or matter will be introduced into the human body. TOBACCO PRODUCT does not include any cessation product specifically approved by the United States Food and Drug Administration for use in treating nicotine or tobacco dependence.
(Prior Code, § 111.130) (Ord. 1716, passed 3-11-2014)