§ 8.44.020  DEFINITIONS.
   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   ARM'S LENGTH TRANSACTION. A sale in good faith and for valuable consideration that reflects the fair market value in the open market between two informed and willing parties, neither of which is under any compulsion to participate in the transaction. A sale between relatives, related companies or partners, or a sale for which a significant purpose is avoiding the effect of the violations of this article is not an arm's length transaction.
   BAR. An area which is devoted to the serving of alcoholic beverages for consumption by patrons on the premises and in which the serving of food is only incidental to the consumption of the beverages.  Although a restaurant may contain a BAR, the term BAR shall not include the restaurant dining area.
   BUSINESS. Any sole proprietorship, joint venture, corporation or other business entity formed for profit-making purposes.
   CIGAR.
      (1)   Any roll of tobacco wrapped entirely or in part in tobacco or in any substance containing tobacco; or
      (2)   Any paper or wrapper that contains tobacco and is designed for smoking or ingestion of tobacco products.
      (3)   For the purposes of this subsection, CIGAR includes, but is not limited to, tobacco products known or labeled as "cigar," "cigarillo," "tiparillo," "little cigar," "blunt wrap," or "cigar wrap."
   CHARACTERIZING FLAVOR. A distinguishable taste or aroma or both, other than the taste or aroma of tobacco, imparted by a tobacco products or any byproduct produced by the tobacco product. CHARACTERIZING FLAVORS include, but are not limited to, tastes or aromas relating to any fruit, chocolate, vanilla, honey, candy, cocoa, dessert, alcoholic beverage, menthol, mint, wintergreen, herb or spice.
   CONSTITUENT. Any ingredient, substance, chemical, or compound, other than tobacco, water, or reconstituted tobacco sheet that is added by the manufacturer to a tobacco product during the processing, manufacture, or packing of the tobacco product.
   DEPARTMENT. The Town Manager, and any agency or person designated by the Town Manager to enforce or administer the provisions of this chapter.
   DISTINGUISHABLE. Perceivable by either the sense of smell or taste.
   ELECTRONIC SMOKING DEVICE.  An electronic or battery operated device that delivers vapors for inhalation. This term shall include 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 PARAPHERNALIA.  Any cartridges, cartomizers, e-liquid, smoke juice, tips, atomizers, electronic smoking device batteries, electronic smoking device chargers, and any other item specifically designed for the preparation, charging, or use of electronic smoking devices.
   ELECTRONIC SMOKING DEVICE VENDING MACHINE.  Any machine, appliance, or other mechanical device that carries Electronic Smoking Devices or Electronic Smoking Device Paraphernalia that is operated by currency, token, debit card, credit card, or any other form of payment that is designed or used for vending purposes, including, but not limited to, machines or devices that use remote control locking mechanisms.
   EMPLOYEE. Any person who is employed by any employer in consideration for direct or indirect monetary wages or profit, and any person who volunteers his or her services for a non-profit entity.
   EMPLOYER. Any person, partnership, corporation, including a municipal corporation or non-profit entity, which employs the services of one or more individual persons or utilizes volunteers.
   ENCLOSED.ENCLOSED means:
      (1)   Any covered or partially covered space having more than 75 percent of its perimeter area permanently walled from floor to ceiling or otherwise closed to the outside such as, for example, a covered porch with more than two walls; or
      (2)   Any space open to the sky having more than 75 percent of its perimeter area walled in or otherwise closed to the outside such as, for example, a courtyard; except that an area open to the sky of 3,000 square feet or more is not enclosed such as, for example, a field in an open-air arena.
      FLAVORED TOBACCO PRODUCT. Any tobacco product that contains a constituent that imparts a characterizing flavor.
   LABELING. Written, printed, pictorial, or graphic matter upon any tobacco product or any of its packaging.
   LANDLORD. Any person who owns real property leased as residential property, any person who lets residential property, or any person who manages such property, except that LANDLORD does not include sublessors.
   LEASE. A written or oral agreement between a landlord and tenant conveying possession of a unit. LEASE includes both agreements set for a fixed period of time as well as month-to-month or week-to-week rental agreements.
   MINOR.  Any individual who is less than 21 years old, except active duty military personnel who are 18 years of age or older. An identification card issued by the United States Armed Forces shall be used as proof of age for this purpose.
   MULTI-UNIT RESIDENCE. A building or portion thereof that contains four or more units except the following specifically excluded types of housing:
      (1)   A hotel or motel that meets the requirements set forth in Cal. Civil Code § 1940(b)(2);
      (2)   A dormitory building;
      (3)   A single-family home;
      (4)   A mobile home park;
      (5)   A campground;
      (6)   A marina or port;
      (7)   A single-family home with an attached in-law or second unit when permitted pursuant to Cal. Gov’t Code §§ 65852.1, 65852.150, 65852.2 or an ordinance of the town adopted pursuant to those sections.
   MULTI-UNIT COMMON AREA. Any indoor or outdoor area of a multi-unit residence, multi-unit commercial facilities, senior citizen residences and nursing homes accessible to and usable by residents of different small units and/or members of the public, including but not limited to halls and paths, lobbies, laundry rooms, common areas, outdoor eating areas, play areas and swimming pools.
   NON-PROFIT ENTITY. Any corporation, unincorporated association or other entity created for charitable, religious, philanthropic, educational, character-building, political, social or other similar purposes, the net proceeds from the operations of which are committed to the promotion of the objectives or purposes of the entity and not to private gain.  A public agency is not a NON-PROFIT ENTITY within the meaning of this chapter.
   NO SMOKING SIGN. A sign containing the words “No Smoking” or the international “No Smoking” symbol (consisting of a pictorial representation of a burning cigarette in a red circle or red heart with a red bar across it).
   OPENINGS. OPENINGS shall include main entrances, exits, operable windows and ventilation intake systems.
   PACKAGING. A pack, box, carton, or container of any kind, or, if no other container, any wrapping (including cellophane) in which a tobacco products is sold or offered for sale to a consumer.
   PERSON.  Any natural person, partnership, cooperative association, private corporation, personal representative, receiver, trustee, assignee or any other legal entity.
   PHARMACY. A retail establishment in which the profession of pharmacy by a pharmacist licensed by the State of California in accordance with the Business and Professions Code is practiced and where prescriptions are offered for sale. A pharmacy may also offer other retail goods in addition to prescription pharmaceuticals.
   PLACE OF EMPLOYMENT. Any area under the legal or actual control of an employer or sole proprietor that an employee, contractor or member of the public to enter during the normal course of operations, but regardless of hours of operation, including, but not limited to, indoor and outdoor work areas, construction sites, vehicles used in employment or for business purposes, taxis, employee lounges and restrooms, conference and banquet rooms, classrooms, bingo and gaming facilities, long-term health facilities, warehouses, and private residences used as child/elder care or health care facilities subject to licensing requirements.
   PROPRIETOR. A person with an ownership or managerial interest in a business. An ownership interest shall be deemed to exist when a person has a 10 percent or greater interest in the stock, assets, or income of a business other than the sole interest of security for debt. A managerial interest shall be deemed to exist when a person can or does have or shares ultimate control over the day-to-day operations of a business.
   PUBLIC PLACE.  Any place, public or private, open to members of the general public regardless of any fee or age requirement, including but not limited to, bars, restaurants, clubs, stores, stadiums, parks, playgrounds, taxis, buses, bus shelters, public transportation facilities, hotels and motels, fairs, farmers’ markets and theaters. PUBLIC PLACE does not include the area within private vehicles that are in or on public places.
   REASONABLE DISTANCE. A distance of at least 20 feet.
   RECREATION AREA. Any area, public or private, open to the general public for recreational purposes, regardless of any fee requirement, including, but not limited to public gardens, children’s play areas, sporting facilities, stadiums, and playgrounds.
   SELF-SERVICE MERCHANDISING. The open display of tobacco products or tobacco paraphernalia in a manner that is accessible to the general public without the assistance of the retailer or employee of the retailer. This includes point-of-sale tobacco promotional products (such as tobacco industry tee shirts, caps, key chains, give-always), to which the public has access without the assistance of an employee. A vending machine is a form of self- service display.
   SERVICE AREA. Area at which one or more persons are waiting for a transaction, entry or service of any kind, whether or not such service involves the exchange of money, including, but not limited to ATMs, bank teller windows, telephones, ticket lines, bus stops and cab stands.
   SMOKE.  The gases and particles released into the air by 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 resulting gases, particles or vapors combustion products, such as, for example, tobacco smoke, and marijuana smoke, except when the purpose of inhalation is solely olfactory, such as, for example, smoke from incense.
   SMOKING. Engaging in an act that generates Smoke, such as, for example, possessing a lighted cigar, a lighted cigarette of any kind, a lighted pipe, or a lighted hookah pipe; or lighting a pipe, a hookah pipe, a cigar, or a cigarette of any kind, or operating an electronic smoking device.
   SPORTS ARENA.  Enclosed or unenclosed sports pavilions, gymnasiums, health spas, swimming pools, roller and ice rinks, bowling alleys and other similar places where members of the general public assemble either to engage in physical exercise, participate in athletic competition or witness sports events.
   TOBACCO PARAPHERNALIA. Cigarette papers or wrappers, pipes, holders of smoking materials of all types, cigarette rolling machines, and any other item designed for the smoking, preparation, storing, or consumption of tobacco products.
   TOBACCO PRODUCT.
      (1)    Any product containing, made, or derived from tobacco or nicotine that is intended for human consumption, whether smoked, heated, chewed, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means, including, but not limited to cigarettes, cigars, pipe tobacco, hookah tobacco, snuff, chewing tobacco, dipping tobacco, or any other preparation of tobacco; or
      (2)   Any device or component, part, or accessory that delivers nicotine alone or combined with other substances to the person using the device including but not limited to cigarettes, electronic smoking devices or paraphernalia, cigars, or pipes, whether or not the device or component is sold separately. TOBACCO PRODUCT does not include any product that has been approved by the United States Food and Drug Administration for use as a tobacco cessation product where such product is marketed and sold solely for such an approved purpose.
   TOBACCO RETAILER or RETAILER. Any person who sells, offers for sale, or does or offers to exchange for any form of consideration, tobacco, tobacco products, tobacco paraphernalia, electronic smoking devices or electronic smoking device paraphernalia. TOBACCO RETAILING shall mean the doing of any of these things. This definition is without regard to the quantity of tobacco products, tobacco paraphernalia, electronic smoking devices or electronic smoking device paraphernalia sold, offered for sale, exchanged, or offered for exchange.
   TOBACCO VENDING MACHINE. Any machine, appliance, or other mechanical device that carries tobacco products or tobacco paraphernalia operated by currency, token, debit card, credit card, or any other form of payment that is designed or used for vending purposes, including, but not limited to, machines or devices that use remote control locking mechanisms.
   TOWN.  The Town of Fairfax.
   UNIT. A dwelling space consisting of essentially complete independent living facilities for one or more persons, including, for example, permanent provisions for living and sleeping, and any private outdoor spaces like balconies and patios. UNIT includes an apartment; a room in a long-term health care facility, senior citizen housing, assisted living facility, or hospital; a room in a single room occupancy (“SRO”) facility; a room in a homeless shelter; a single-family home; an in-law or second unit; and single room occupancy hotel rooms, as defined in Cal. Health and Safety Code § 50519(b)(1), even where lacking private cooking facilities or private plumbing facilities. UNIT does not include lodging in a hotel or motel that meets the requirements set forth in Cal. Civil Code § 1940(b)(2).
   VENDOR-ASSISTED. Only a store employee has access to the tobacco product and assists the customer by supplying the product. The customer does not take possession of the product until it is purchased.
(Ord. 754, passed 6-1-2011; Am. Ord. 790, passed 6-3-2015; Am. Ord. 814, passed 12-6-2017; Am. Ord. 836, passed 9-4-2019)