For the purposes of this Chapter, the following definitions shall govern unless the context clearly requires otherwise:
BUSINESS. An employer, trust, firm, joint stock company, corporation, partnership, or association and also includes a business organized for profit and a nonprofit business, but does not include a sole proprietor.
COUNTY BUILDING. A building owned and occupied (in whole or in part) by the County, but only that portion of a building leased and occupied by the County, whether located in the unincorporated area of the County or an incorporated city.
EMPLOYEE. Any person who is hired by an employer in consideration for direct or indirect monetary wages or profit; or any person who volunteers his or her services for an employer.
EMPLOYER. Any person, partnership, corporation, association, nonprofit, volunteer or similar entity, including a municipal corporation or public entity, that employs or retains the service of one or more persons, or supervises volunteers.
ENCLOSED. Closed in by a full or partial roof and full or partial walls where a wall is any structure that impedes the free flow of outside air and may include a number of windows and doors.
HEALTH CARE FACILITY. An office or institution providing care or treatment of diseases, whether physical, mental, or emotional, or other medical, physiological, or psychological conditions, including but not limited to hospitals, medical research and treatment sites, long-term health care facilities as defined in Health and Safety Code § 1418, clinics, including weight control clinics, nursing homes, homes for the aging or chronically ill, laboratories, and offices of surgeons, chiropractors, physical therapists, physicians, dentists and all specialists within these professions.
PLACE OF EMPLOYMENT. Any enclosed place, and the premises appurtenant thereto, where employment is carried on, including health care facilities.
SELF SERVICE DISPLAY. 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. Inhaling into the mouth or lungs the smoke or vapor from, or the possession of, a lighted pipe, lighted cigar, lighted cigarette, an activated electronic cigarette or other similar electronic device, whether or not such electronic device delivers nicotine, or any other lighted smoking equipment. Smoking includes, but is not limited to, smoking tobacco, marijuana, any other plant or plant derivative, and synthetic substances.
SPORTS COMPLEX. Any sport pavilion, arena, stadium, gymnasium, health spa, boxing arena, swimming pool, roller or ice rink, bowling alley, or similar place specifically designed to be used for physical exercise or athletic competition.
SPORTS COMPLEX SEATING AREA. Any spectator seating area, including outdoor athletic recreation bleachers or similar area used for the viewing of sports and athletic competition.
TOBACCO PARAPHERNALIA. 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. Any substance containing tobacco leaf, including but not limited to cigarettes, cigars, pipe tobacco, snuff, chewing tobacco, dipping tobacco, or any other preparation of tobacco.
VENDING MACHINE. A machine, appliance, or other mechanical device operated by currency, token, debit card, or credit card that is designed or used for vending purposes, including, but not limited to, machines or devices that use remote control locking mechanisms.
VENDOR ASSISTED SALES. Sales in which only a store or tobacco retailer employee has access to the tobacco product and supplies the customer the tobacco product in such way that the customer does not take possession of the tobacco product until it is purchased.
(Ord. 4212, passed - -2013)