(a) "Electronic Cigarette or e-cigarette" means any electronic product or device that simulates smoking by producing a vapor that delivers nicotine or any other substance to the person inhaling from the device and that is or is likely to be offered to or purchased by consumers as an electronic cigarette, electronic cigar, electronic cigarillo, or electronic pipe.
(1) Electronic Cigarette or "e-cigarette" does not include the following:
A. Any product that is a "drug" as that term is defined in 21 U.S.C. 321(g)(1);
B. Any product that is a "device" as that term as defined in 21 U.S.C. 321(h);
C. Any product that is a "combination product" as described in 21 U.S.C. 353(g).
(b) "Employee" means a person who is employed by an employer, or who contracts with an employer or third person to perform services for an employer, or who otherwise performs services for an employer for compensation or for no compensation.
(c) "Employer" means the state or any individual, business, association, political subdivision, or other public or private entity, including a nonprofit entity, that employs or contracts for or accepts the provision of services from one or more employees.
(d) "Enclosed area" means an area with a roof or other overhead covering of any kind and walls or side coverings of any kind, regardless of the presence of openings for ingress and egress, on all sides or on all sides but one.
(e) "Outdoor patio" means an area that is either: enclosed by a roof or other overhead covering and walls or side coverings on not more than two sides; or has no roof or other overhead covering regardless of the number of walls or other side coverings.
(f) "Proprietor" means an employer, owner, manager, operator, liquor permit holder, or person in charge or control of a public place or place of employment.
(g) "Person" means any individual, firm, partnership, association, corporation, company or organization of any kind.
(h) "Place of employment" means an enclosed area under the direct or indirect control of an employer that the employer's employees use for work or any other purpose, including but not limited to, offices, meeting rooms, sales, production and storage areas, restrooms, stairways, hallways, warehouses, garages, and vehicles. An enclosed area as described herein is a place of employment without regard to the time of day or the presence of employees.
(i) "Public place" means an enclosed area to which the public is invited or in which the public is permitted and that is not a private residence.
(j) "Smoke or Smoking" means inhaling, exhaling, burning, or carrying any lighted cigar, cigarette, pipe, or other lighted smoking device for burning tobacco or any other plant, or the lighting, activating, emitting or exhaling the smoke or vapor of a pipe, cigar, or electronic cigarette.
(Ord. 14-20 AC CMS. Passed 6-2-14.)