The following words and phrases, whenever used in this chapter, shall be construed as defined in this section:
"Bar" means an area that is devoted to the serving of alcoholic beverages for consumption by guests on the premises and in which the service of food is incidental to the consumption of beverages and in which persons younger than 21 years of age are at all times excluded.
"Business" means 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" means any area containing a counter or table upon which meals are served or any area designed, established, or regularly used for consuming meals.
“Electronic smoking device” means any product containing or delivering nicotine or any other 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 other product name or descriptor.
"Employee" means any person who is employed by any employer or hired as an independent contractor in consideration for direct or indirect monetary wages or profit, and any person who volunteers his or her services for a nonprofit entity.
"Employer" means any person, partnership, corporation or nonprofit entity, including a municipal corporation, who employs the services of one or more persons.
"Enclosed" means closed in by roof and four walls with appropriate openings for ingress and egress.
"Nonprofit entity" means 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.
"Parks and recreation areas" means any outdoor area, owned and operated by the city of Murrieta, open to the general public for park or open space use, including, but not limited to, public parks, picnic areas, playgrounds, sports or playing fields, open turf areas, athletic courts, swimming pools, public skate park facilities, dog parks, walking paths, gardens, hiking trails, bike paths, wilderness areas, parking areas within a park, and any other areas designated a park by the director of community services.
"Place of employment" means any area under the control of a public or private employer that employees may have cause to enter during the normal course of employment, including, but not limited to, work areas, vehicles, employee lounges and restrooms, conference rooms and classrooms, cafeterias and hallways, except that a private residence is not a place of employment unless it is used as a child care or a health care facility.
"Public place" means any area in which the public is invited or in which the public is permitted, including, but not limited to: banks, educational facilities, health facilities, public transportation facilities, reception areas, restaurants, retail food production and marketing establishments, retail stores, theaters and waiting rooms.
"Reasonable distance" means a distance that insures that occupants of an area in which smoking is prohibited are not exposed to secondhand smoke created by smokers outside the area. Except as provided below, this distance shall be a minimum of 15 feet unless the application of the 15 foot minimum would place the smoker in a potentially unsafe location, in which case a "reasonable distance" shall be a location closer than 15 feet which does not place the smoker in a potentially unsafe location.
"Restaurant" means any coffee shop, cafeteria, tavern, sandwich stand, soda fountain, private or public school cafeteria, and any other eating establishment, organization, club, boardinghouse or guest house, which gives or offers food for sale to the public, guests, patrons, members or employees.
"Retail tobacco store" means a retail store utilized primarily for the sale of tobacco products and accessories.
"Self-service display" means 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.
“Smoking” means 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 which 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 in this chapter.
"Sports arena" means sports parks, pavilions, sporting fields and courts, gymnasiums, health spas, boxing arenas, 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. Adjacent seating areas are included as part of the sports arena.
"Tobacco paraphernalia" means cigarette papers or wrappers, pipes, holders of smoking materials of all types, cigarette rolling machines, and any other item designed for the smoking or ingestion of tobacco products.
"Tobacco product" means:
A. Any substance containing tobacco leaf including, but not limited to, cigarettes, cigars, pipe tobacco, hookah tobacco, snuff, chewing tobacco, dipping tobacco, bidis, or any other preparation of tobacco; and
B. Any product or formulation of matter containing biologically active amounts of nicotine that is manufactured, sold, offered for sale, or otherwise distributed with the expectation that the product or matter will be introduced into the human body, but does not include any product specifically approved by the United States Food and Drug Administration for use in treating nicotine or tobacco product dependence.
"Tobacco retailer" means any person who sells, offers for sale, or does or offers to exchange for any form of consideration, tobacco, tobacco products, or tobacco paraphernalia, or who distributes free or low-cost samples of tobacco products or tobacco paraphernalia. "Tobacco retailing" shall mean the doing of any of these things. This definition is without regard to the quantity of tobacco, tobacco products, or tobacco paraphernalia sold, offered for sale, exchanged, or offered for exchange.
“Vapor” means aerosol produced from use of an electronic smoking device.
“Vending machine” means a machine, appliance, or other mechanical or electrical device operated by currency, token, debit card, credit card, or any other form of payment, or any other thing representative of value that is designed or used for vending purposes including, but not limited to, machines or devices that use remote control locking mechanisms, which dispenses or releases tobacco products and/or tobacco accessories.
(Ord. 515 § 2, 2016; Ord. 459 § 1, 2011: Ord. 373 § 4, 2006)