§ 32.41 DEFINITIONS.
   For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   BAR. An area devoted primarily to alcoholic beverage service to which food service is only incidental.
   CONTROL DEVICE. Electronic or mechanical control which causes the contents of a vending machine to be distributed.
   DESIGNATED SMOKING AREA. Any area outdoors which is outside of any enclosed public place and removed from building entrances and exits. Any DESIGNATED SMOKING AREAS must be so situated as to allow non-smoking individuals to conduct normal activity in a smoke-free environment.
   DISTRIBUTION. To give, sell, deliver, dispense, issue, offer to give, sell, deliver, dispense, or issue, or cause or hire any person to give, sell, deliver, dispense, issue, or offer to give, sell, deliver, dispense, or issue.
   ELECTRONIC SMOKING DEVICE or ELECTRONIC CIGARETTE. Any product containing or delivering nicotine or any other similar substance intended for human consumption that can be used by a person to simulate smoking through inhalation of vapor or aerosol from the product. The term includes any such device, whether manufactured, distributed, marketed, or sold as an e-cigarette, e-cigar, e-pipe, e-hookah, or vape pen, or under any product name or description.
   EMPLOYEE. Any person who is employed by any employer for direct or indirect monetary wages or profit.
   EMPLOYEE WORK AREA. Any areas within a place of employment, which share a common ventilation heating or air conditioning system.
   EMPLOYER. Any person or entity employing the services of an employee.
   ENCLOSED PUBLIC PLACES. Any area closed in by a roof and walls with openings for ingress and egress which are available to and customarily used by the public. ENCLOSED PUBLIC PLACES governed by this subchapter shall include, but not be limited to, public areas of grocery stores, waiting rooms, public and private schools, doctors’ office buildings, community centers, child care centers, public restrooms, all indoor facilities and any public places already regulated by A.R.S. § 36-601.01 and restaurants/cafeterias, bars, sports bars, bowling alleys, and billiard halls. A private residence is not a “public place”.
   MINOR. Any person under the age of 18 years.
   PERSON. Any natural person, corporation, partnership, firm, organization, or other legal entity.
   PLACE OF EMPLOYMENT. Any enclosed area under the control of a private or public employer. A private residence is not a PLACE OF EMPLOYMENT.
   PUBLIC PLACE. Any area to which the public is invited or permitted.
   SMOKE OR SMOKING. Includes the:
      (1)   Carrying or placing of a lighted cigarette or lighted pipe or any other lighted smoking equipment in one’s mouth for the purpose of inhaling and exhaling smoke or blowing smoke rings;
      (2)   Placing of a lighted cigarette or lighted cigar or lighted pipe or any other lighted smoking equipment in an ashtray or other receptacle, and allowing smoke to diffuse in the air;
      (3)   Carrying or placing of a lighted cigarette or lighted pipe or any other lighted smoking equipment in one’s hands or any appendage or devices and allowing smoke to diffuse in the air; or
      (4)   Using an electronic smoking device designed for the purpose of inhaling and exhaling aerosol or vapor.
   TOBACCO PRODUCTS. Any tobacco cigarette, cigar, pipe tobacco, smokeless tobacco, snuff, or any other form of tobacco which may be utilized for smoking, chewing, inhalation, or other manner of ingestion, including electronic smoking devices.
   VENDING MACHINE. Any mechanical, electronic, or other similar device which dispenses tobacco products.
(Ord. 2002-08, passed 5-9-2002; Ord. 2014-03, passed 8-14-2014)