(A) Except where the context otherwise requires, the definitions given in this section govern the construction of this chapter. If any of the definitions in this section conflict with definitions in other chapters of the Municipal Code, these definitions shall prevail for the purpose of interpreting and enforcing this chapter. If a term is not defined in this section, or other sections of the Municipal Code, the most common dictionary definition is assumed to be correct.
(B) The following definitions are listed in alphabetical order.
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 such beverages. When a bar is operated within a building in conjunction with another use, such as a restaurant, only the area utilized primarily for the consumption of alcoholic beverages shall constitute the bar. The dining area of a restaurant utilized primarily for the serving and consumption of food shall not constitute a bar, even though alcoholic beverages may be served therein.
BUSINESS. Any sole proprietorship, partnership, joint venture, corporation, or other business entity formed for profit-making purposes, including retail establishments where goods or services are sold as well as professional corporations and other entities where legal, medical, dental, engineering, architectural, or other professional services are delivered.
DINING AREA. Any enclosed area containing a counter or tables upon which meals are served.
ELECTRONIC SMOKING DEVICE. Means an electronic device that can be used to deliver an inhaled dose of nicotine or plant product intended for inhalation. An ELECTRONIC SMOKING DEVICE includes a device that is manufactured, distributed, marketed, or sold as an electronic cigarette, an electronic cigar, an electronic cigarillo, an electronic pipe, an electronic hookah, a vape pen, or a vapor pen.
EMPLOYEE. Any person who is employed by any employer in the consideration for direct or indirect monetary wages or profit.
ENCLOSED. A building or structure shall be deemed enclosed unless the interior of the building or structure or portion thereof is, temporarily or permanently, directly exposed to the outside air by reason of either temporary removal of a substantial portion of an exterior wall (for example, roll-up doors on shops and garages) or by reason of nonexistence of a substantial portion of at least one of the exterior walls of the building or structure (for example, three-sided buildings). This definition shall be applicable to buildings and structures only.
ENCLOSED AREA. All space between a floor and ceiling which is enclosed on all sides by solid walls or windows (exclusive of door or passage ways) which extend from the floor to the ceiling, including all space therein screened by partitions which do not extend to the ceiling or are not solid, "office landscaping," or similar structures.
MEMBERS OF THE GENERAL PUBLIC. Shoppers, customers, patrons, patients, students, clients and other similar invitees of a commercial enterprise, nonprofit entity, or public agency, and excluding employees thereof, sales representatives, service repair persons, and persons delivering goods, merchandise, or services to a commercial enterprise, nonprofit entity, or county.
NONPROFIT ENTITY. Any corporation, unincorporated association, or other entity created for charitable, educational, political, social, or other similar purposes, the net proceeds from the operations of which are committed to the promotion of the objects or purposes of the organization and not to private financial gain. A public agency is not a NONPROFIT ENTITY within the meaning of this section.
PLACE OF EMPLOYMENT. Any enclosed area under the control of a public or private employer which employees normally frequent during the course of employment, including, but not limited to:
(a) Work areas;
(b) Conference and classrooms;
(c) Employee cafeterias;
(d) Employee lounges and restrooms; and
(e) Hallways.
PRIVATE FUNCTION. Any function to which the general public is not invited.
PUBLIC PLACE. Any enclosed area, not a private residence, to which the public is invited or in which the public is permitted, including, but not limited to:
(a) Banks;
(b) Child care facilities;
(c) Educational facilities;
(d) Health care facilities;
(e) Public transportation facilities;
(f) Recreation areas;
(g) Restaurants;
(h) Retail stores;
(i) Retail service establishments;
(j) Retail food production, and marketing establishments;
(k) Waiting rooms.
RECREATIONAL AREA. Any areas that are public or privately owned, controlled or used by the City of Madera 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, walking paths, gardens, bike paths, riding trails, swimming pools, and skateboard parks. The term RECREATIONAL AREA does not include any streets and/or sidewalks located within or upon any abutting right-of-way.
RECREATIONAL FACILITIES. Sports pavilions, gymnasiums, health spas, boxing areas, swimming pools, roller and ice rinks, bowling alleys, and other similar places where members of the public assemble to engage in physical exercise, participate in athletic competition, or witness sports events.
RESTAURANT. Any coffee shop, cafeteria, sandwich stand, private and public school cafeteria, and any other eating establishment which gives or offers for sale food to the public, guests, or employees, as well as kitchens in which food is prepared on the premises for serving elsewhere, including catering facilities, except that the term RESTAURANT shall not include a cocktail lounge or tavern if the cocktail lounge or tavern is a BAR as defined in this chapter.
SERVICE LINE. Any indoor line at which one or more persons are waiting for, or receiving service of, any kind whether or not such service involves the exchange of money.
SMOKING. Lighting, inhaling, exhaling, burning, or carrying any lighted or heated cigar, cigarette, or pipe, or any other lighted or heated tobacco or plant product (e.g., cannabis) intended for inhalation, whether natural or synthetic, in any manner or in any form. SMOKING includes the use of an electronic smoking device that creates an aerosol or vapor, in any manner or in any form, or the use of any oral smoking device for the purpose of circumventing the prohibition of smoking.
TOBACCO PRODUCTS.
(a) A product containing, made from, 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, little cigars, chewing tobacco, pipe tobacco, or snuff.
(b) An electronic device that delivers nicotine or other vaporized liquid to the person inhaling from the device, including, but not limited to, an electronic cigarette, cigar, pipe, or hookah.
(c) Any component, part, or accessory of a tobacco product, whether or not sold separately.
TOBACCO STORE. Establishments engaged primarily in the retail sale of tobacco products, wherein the sale of other products is merely incidental. This definition includes humidors, smoking rooms, head shops, vape lounges and hookah bars.
UNENCLOSED AREA. Any area that is not an ENCLOSED AREA.
WORK AREA or WORK PLACE. Any area of a place of employment enclosed by floor to ceiling walls in which two or more employees are assigned to perform work for an employer.
('61 Code, § 5-7.02) (Ord. 590 C.S., passed 6-16-93; Am. Ord. 962 C.S., passed 5-15-19)