§ 90.02  DEFINITIONS.
   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   BUILDING.  Any structure enclosed from the weather, whether or not windows or doors are open, which is closed in overhead by a roof or other covering of any material, whether permanent or temporary, and has 80% or more of its perimeter closed in by walls or other non-porous coverings of any material, whether permanent or temporary.  If an establishment leases or possesses only a portion of a building, the term “building” applies to the leasehold or possessory interest. 
   ELECTRONIC SMOKING DEVICE. Any product containing or delivering nicotine or any other substance intended for human consumption that can be used by a person in any manner or in any form for the purpose of inhaling 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 other product name or descriptor. ELECTRONIC SMOKING DEVICE also includes any fitment, add-on, auxiliary or attachment type device that is designed to be utilized in conjunction with or during the usage of an electronic smoking device.
   ELECTRONIC SMOKING RETAIL STORE. A business operation with at least 85% of sales dedicated to the sale of electronic smoking devices, accessories, and/or products. To meet the definition, the ELECTRONIC SMOKING RETAIL STORE shall not allow any minors in the building, sell alcoholic beverages (under LMCO Chapter 113), be licensed as a Food Service Establishment (under LMCO Chapter 118), or have an entrance that opens to a common area with other retail establishments.
   ESTABLISHMENT.  An entity, endeavor or organization, including its owners, operators, directors, shareholders, partners, members, employees and possessions.
   EXTENDED STAY LODGING. Accommodations for persons away from their permanent place of residence, which are available on at least a 30 day basis and may include kitchen facilities. This term does not include hotel, motels, inns, bed and breakfasts, short term rentals, boarding and lodging houses, nursing homes or assisted living residences, wherein a unit could be rented or leased for less than a 30 day period.
   HERBAL SHISHA.  A non-tobacco product, which its primary intended use by the producer, manufacturer or seller of such product, is to be smoked in a waterpipe, which may be commonly referred to or known as a hookah, narghile or shisha.
   HOOKAH. Any water pipe and any associated products and devices which are used to produce fumes, smoke, and/or vapor from the burning of material including, but not limited to, tobacco, herbal shisha, or other plant matter.
   HOOKAH LOUNGES.  A business operation primarily dedicated to the allowance of on-site smoking through one or more hookah pipes (also commonly referred to as a hookah, waterpipe, shisha or narghile), including but not limited to establishments known as hookah bars. To meet the definition, the lounge must have been in operation as of May 1, 2017 and shall not allow any minors in the building, sell alcoholic beverages (under LMCO Chapter 113), or be licensed as a Food Service Establishment (under LMCO Chapter 118).
   MINOR.  A natural person who is under 18 years of age.
   RETAILER.  Any person, firm, partnership or corporation engaged in the business of buying, selling or merchandising products and/or services for profit. Retailer does not mean the non- management employees of any retail establishment.
   SMOKE or SMOKING.  The act of inhaling, exhaling, burning, or carrying any lighted or heated cigar, cigarette, or pipe, or any other lighted or heated tobacco or plant product intended for inhalation, including hookahs and marijuana, whether natural or synthetic, in any manner or form. Smoking also includes the use of an electronic smoking device or the use of any oral smoking device for the purpose of circumventing the prohibition of smoking in the chapter.
   TOBACCO BUSINESS.  Facilities that are owned or leased by tobacco manufacturers or wholesalers for the promotion, testing, research and/or development of tobacco products.  For purposes of this chapter, a tobacco manufacturer or wholesaler shall be an establishment that generates 75% or more of its total annual gross revenues from the sale of tobacco products.
   TOBACCO OR TOBACCO PRODUCTS.  Any cigarette, cigar, snuff, smokeless tobacco product, smoking tobacco, chewing tobacco, and any kind or form of tobacco prepared in a manner suitable for chewing or smoking, or both, or any kind or form of tobacco that is suitable to be placed in a person's mouth. The definition of Tobacco Products also includes Tobacco Paraphernalia. Tobacco or tobacco products excludes any tobacco product that has been approved by the United States Food and Drug Administration for sale as a tobacco cessation product, as a tobacco dependence product, or for other medical purposes, and is being marketed and sold solely for such an approved purpose.
   TOBACCO PARAPHERNALIA. Cigarette papers or wrappers, blunt wraps, pipes, holders of smoking materials of all types, cigarette rolling machines, or other instruments or things designed for the smoking or ingestion of tobacco products, or any product containing or delivering nicotine or any other substance intended for human consumption. Tobacco Paraphernalia also includes any fitment, add-on, auxiliary or attachment type device that is designed to be utilized in conjunction with or during the usage of tobacco paraphernalia.
(Lou. Metro Ord. No. 123-2005, approved 8-17-2005, effective 11-15-2005; Lou. Metro Am. Ord. No. 189-2006, approved 10-17-2006, effective 7-1-2007; Lou. Metro Am. Ord. No. 1-2008, approved 1-11-2008; Lou. Metro Am. Ord. No. 58-2014, approved 4-14-2014; Lou. Metro Am. Ord. No. 83-2017, approved 5-22-2017; Lou. Metro Am. Ord. 129-2020, approved 11-3-2020)