For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ELECTRONIC SMOKING DEVICE. Any device that may be used to deliver aerosolized or vaporized nicotine to the person inhaling from the device, including. but not limited to. an e-cigarette. e-cigar, e-pipe, vape pen, or e-hookah. This definition includes any component, pan, or accessory of such a device, whether or not sold separately, and includes any substance intended to be aerosolized or vaporized during the use of the device. This definition does not include drugs, devices, or combination products authorized for sale by the U.S. Food and Drug Administration, as those terms are defined in the Federal Food, Drug, and Cosmetic Act.
EMPLOYEE. Any person who is employed by a business, and shall include the owner or operator of a sole proprietorship or other similar business entity.
EMPLOYER. Any business that employs one or more employees.
ENCLOSED AREA. All space in any structure or building that is enclosed on all sides by any combination of walls, windows or doorways, extending from floor to the ceiling.
OUTDOOR DINING AREA. Any part of a restaurant that is not in an enclosed area where employees are required or permitted to work.
PLACE OF EMPLOYMENT. Any enclosed area of a business within the city where one or more employees are required or permitted by an employer to work in the course of their employment, and includes, without limitation, common work areas, private offices, auditoriums, classrooms, conference and meeting rooms, cafeterias, elevators, employee lounges, stairs, hallways, restrooms, medical facilities, private clubs, restaurants and the interior of a vehicle of public conveyance. A PLACE OF EMPLOYMENT does not include a private dwelling unit, unless the dwelling is also used as a day care facility for children or adults; provided that rooms in nursing homes or long-term care facilities occupied by one or more persons who have requested in writing a room where smoking is permitted shall be considered private dwelling units.
PUBLIC PLACE.
(1) Any area that is open to and used by the general public, or any area to which the public is invited or in which the public is permitted, including without limitation:
(a) Vehicles of public conveyance, including their loading areas and platforms;
(b) Common or public areas (including without limitation lobbies, hallways, reception areas, public restrooms and elevators) of apartment buildings, condominiums, dormitory buildings, nursing home care facilities and other multiple family residential structures;
(c) Common or public areas (including without limitation lobbies, hallways, reception areas, public restrooms and elevators) of any building or structure that is accessible to the public, including without limitation office, commercial and industrial buildings, banks and financial institutions, educational institutions, health care facilities such as hospitals, clinics and doctor’s offices, museums, libraries, restaurants, polling places, government and city-owned buildings, food stores, cafeterias, theaters, auditoriums, train and bus stations, hotels, motels, and retail and service establishments;
(d) Rooms, chambers, halls or other enclosed areas within which meetings, hearings, or gatherings are held, to which the public is invited or in which the public is permitted, including specifically, but without limitation, any enclosed area under the control of the city; and
(e) Any outdoor public area, including parks, beaches, Market Square.
(2) PUBLIC PLACE shall not include a private dwelling unit, unless said dwelling is also used as a day care facility for children or adults; provided that rooms in nursing homes or long-term care facilities occupied by one or more persons who have requested in writing a room where smoking is permitted shall be considered private dwelling units; or
RESTAURANT. Any coffee shop, cafeteria, luncheonette, sandwich stand, soda fountain, private and public school cafeteria or eating establishment, and any other eating establishment, organization, club, including veterans’ club, boardinghouse or guesthouse, which gives or offers for sale food to the public, guests, patrons or employees, as well as kitchens in which food is prepared on the premises for serving elsewhere, including catering facilities.
SMOKE or SMOKING. Inhaling, exhaling, burning or carrying a lighted cigar, cigarette, pipe or other combustible substance in any manner or in any form. This definition shall also include the inhaling or exhaling of the byproduct of the burning of any smoking materials or other release of gaseous vapors from electronic smoking devices (as defined in this section). This definition does not include the burning or carrying of incense in a religious ceremony or the use of matches or lighters for nonsmoking purposes.
(Ord. 2006-43, passed 8-7-2006; Ord. 2017-74, passed 12-18-2017)