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The following words and phrases, whenever used in this chapter, shall be construed as hereafter set out, unless it is apparent that they have a different meaning:
A. BUSINESS. Any sole proprietorship, partnership, joint venture, corporation, association, or other entity formed for profit-making or non-profit making purposes.
B. DINING AREA. Any Unenclosed Area, including streets and sidewalks, which is available to or customarily used by the general public or an employee, and which is designed, established, or regularly used for consuming food or beverages.
C. DISTRIBUTE. To give, sell, deliver, dispense, issue, or cause or hire any person to give, sell, deliver, dispense, issue or offer to give, sell, deliver, dispense or issue.
D. EMPLOYEE. Any person who is employed or retained as an independent contractor by any Employer in consideration for direct or indirect monetary wages or profit or any person who volunteers his or her services for an Employer.
E. EMPLOYER. Any person, partnership, corporation, nonprofit entity, including municipal corporation or public entities, who employs the services of two or more persons or two (2) or more people conduct business within the establishment.
F. ENCLOSED. An area in which outside air cannot circulate freely to all parts of the area, an area that is closed in by a roof and walls with appropriate openings for ingress and egress.
G. GENERAL PUBLIC. Shoppers, customers, patrons, patients, students, clients and other similar invitees of a commercial enterprise or nonprofit entity.
H. MULTI-UNIT RESIDENCE. A property containing two (2) or more Units, including but not limited to apartments, condominiums, senior citizen housing, nursing homes, and single room occupancy hotels. The following types of housing are specifically excluded:
1. Hotel or motel that meets requirements of California Civil Code Section 1940(b)(2);
2. Mobile home park;
4. Marina or port;
5. Single-family home; and
6. Single-family home with a detached or attached in-law or second Unit when permitted pursuant to California Government Code Sections 65852.1, 65852.150, 65852.1 or an ordinance adopted by the City pursuant to those sections.
I. MULTI-UNIT RESIDENCE COMMON AREA. Areas of a Multi-Unit Residence that residents of more than one Unit of that Multi-Unit Residence are entitled to enter or use, including, for example, halls and paths, lobbies and courtyards, elevators and stairs, community rooms and playgrounds, gym facilities and swimming pools, parking garages and parking lots, shared restrooms, shared laundry rooms, shared cooking areas, and shared eating areas.
J. PLACE OF EMPLOYMENT. Any Enclosed area under the control of a Employer which Employees normally frequent during the course of employment, including but not limited to, work areas, employee lounges, conference rooms, and employee cafeterias. A private residence is not a Place of Employment unless it is used as a child care or health care facility.
K. PUBLIC AREA. Any place, publicly or privately owned, which is open to the general public regardless of any fee or age requirement.
L. SERVICE AREA. Any publicly or privately owned area, including streets and sidewalks, that is designed to be used or is regularly used by one or more persons to receive a service, wait to receive a service or to make a transaction, whether or not such service or transaction includes the exchange of money. The term "Service Area" includes but is not limited to information kiosks, automatic teller machines (ATMs), ticket lines, bus stops or shelters, mobile vendor lines or cab stands.
M. SMOKE. The gases and particulates or vapors released into the air as a result of combustion, electrical ignition or vaporization, when the apparent or usual purpose of the combustion, electrical ignition or vaporization is human inhalation of Tobacco Products. The term “smoke” includes, but is not limited to, tobacco smoke and electronic cigarette vapors. The term “smoke” also includes vapor generated through the use of an electronic cigarette in any manner or in any form.
N. SMOKING. The engaging in an act that generates Smoke, such as, for example: carrying, possessing or holding of a lighted pipe, cigar, or cigarette of any kind, or any other lighted smoking equipment or the lighting or emitting or exhaling the smoke of a pipe, cigar, or cigarette of any kind.
O. TOBACCO PRODUCTS. Any substance containing tobacco leaf, in any product formulation of matter 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 cessation product specifically approved by the United States Food and Drug Administration for use in treating nicotine or tobacco dependence. This includes electronic cigarettes or e-cigarettes.
P. UNENCLOSED. Any area that is not an Enclosed area.
Q. UNIT. A personal dwelling space, even where lacking cooking facilities or private plumbing facilities, and includes any associated exclusive-use Enclosed area or Unenclosed area, such as, for example, a private balcony, porch, deck, or patio. "Unit" includes but is not limited to an apartment; a condominium; a townhouse; a room in a long-term health care facility, assisted living facility, or hospital; a hotel or motel room; a room in a single room occupancy ("SRO") facility; a room in a homeless shelter; a mobile home; a camper vehicle or tent; a single-family home; and an in-law or second unit.
(Ord. 2019-06 (part), 2019; Ord. 2017-04 § 2 (part), 2017; Ord. 2010-01 § 1(part), 2010; Ord. 562 § 2 (part), 1994).