§ 38.01  DEFINITIONS.
   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   CITY. The City of Sunset Valley, Texas.
   CITY FACILITY. Any building or facility, or portions thereof, owned, occupied and under the management and control of the city, and outdoor areas owned or leased by the city and used by the general public, including but not limited to parks, greenspaces, conservation areas, and playgrounds. The part of an open-air parking lot that is more than 15 feet from the nearest door of an enclosed space will not be included in this definition.
   E-CIGARETTE. Any electronic oral device, such as one composed of a heating element, battery, and/or electronic circuit, which provides a vapor of nicotine or any other substances, and the use or inhalation of which simulates smoking. The term shall include any such device, whether manufactured, distributed, marketed, or sold as an e-cigarette, e-cigar, e-pipe, or under any other product name or descriptor.
   EMPLOYEE. Any person who is employed by an employer in consideration for monetary compensation or profit.
   EMPLOYER. Any person, organization or other entity that employs one or more persons.
   MOTEL/HOTEL. A building or group of buildings developed as an integral unit in which there are guest rooms, each of which has its own bath and toilet facilities, in which living and sleeping areas are combined into one room, and which may be rented on a daily basis and a desk or lobby service and telephone, maid, linen, room and similar services. Guest rooms may have individual entrances.
   PLACE OF EMPLOYMENT. Any enclosed indoor area under the control of an employer to which employees have access during the course of employment, including, but not limited to, work areas, employee lounges, employee restrooms, conference rooms and employee cafeterias; provided, however, that a private residence is not a place of employment for purposes of this chapter.
   PUBLIC PLACE. Any enclosed indoor area that is used by the general public or that is a place of employment, and includes, but is not limited to, stores, offices and other commercial establishments, restaurants, public and private primary and secondary schools and institutions of higher education, hospitals and health care facilities, nursing and convalescent homes, government subsidized senior citizen residential facilities, elevators, theaters or movie houses, libraries, museums, city facilities, service lines and public conveyances such as transit system buses, intrastate buses, planes or trains, and any outdoor areas used by the general public, including but not limited to parks, greenspaces, conservation areas, and playgrounds.  Notwithstanding the foregoing that part of the following areas that are not less than 15 feet from the nearest door of an enclosed space and from any city facility are excepted from the definition of PUBLIC PLACE: open-air parking lot and an area of a patio or outdoor area for eating and drinking that is under the control of an adjacent commercial use and which is clearly indicated by signage to be a smoking area.
   RESTAURANT. A commercial establishment primarily engaged in the sale of prepared foods for on-premises consumption.
   SERVICE LINE. Any indoor line at which one or more persons are waiting for or receiving service of any kind, whether or not the service involves the exchange of money.
   SMOKE or SMOKING. Includes the carrying or holding of a lighted pipe, cigar or cigarette of any kind or any other lighted smoking equipment or device, and the lighting of, burning, emitting or exhaling the smoke of any tobacco product, weed, filler or plant of any kind in a cigarette, cigar, pipe or any other device. Smoking also includes the use of an e-cigarette which creates a vapor, in any manner or in any form, or the use of any electronic smoking device.
   USER. Includes, but is not limited to, user, patron, customer, employee and licensee.
(Ord. 910108A, passed 1-22-1991; Ord. 980407, passed 4-7-1998; Ord. 140617-B, passed 6-17-2014)