The following words and phrases, as used in this chapter or in any other applicable municipal regulation, shall have the following meanings:
(a) “Common area at a shopping center” means any outdoor common area of a shopping center accessible to and usable by the occupants or customers of more than one (1) retail establishment used as a lobby, outdoor eating area, play area, gathering area with either seats or benches provided, or gathering areas having a water feature such as a fountain.
(b) “Dining area” means a non-residential location where food or beverages are served by a business or routinely consumed by customers. This includes, but is not limited to, restaurant or bar seating areas, outdoor customer dining areas and patios.
(c) “Electronic cigarette” means any device or delivery system which can be used to deliver to a person nicotine, cannabis or other liquid product, in aerosolized or vaporized form, including, but not limited to, an e-cigarette, e-cigar, e-pipe, vape pen or e-hookah, including any component, part, or accessory of such device, that is used during the operation of the device.
(d) “Playground” means any park or recreational area designed in whole or in part to be used by children that has play or sports equipment installed or has been designated or landscaped for play or sports activities, or any similar area or facility located on public or private school grounds, or on City property. “Playground” does not include the teeing areas, fairways, putting greens, and other playing and practice areas of a municipal golf course.
(e) “Outdoor gathering and event area” means any non-enclosed area accessible to the general public where people are gathered to witness or participate in an event. For the purposes of this section, such gathering and event areas include, but are not limited to, permanent or temporary grandstands, bleachers, other seating areas, standing areas, viewing areas, playing courts and fields, circulation areas, and ancillary areas such as lobbies, foyers, restrooms, and concession areas. For the purposes of this section, events include, but are not limited to, shows, movies, plays, lectures, exhibitions, demonstrations, concerts, competitions, sporting events, arts and crafts shows, fairs, pageants, and parades, whether or not an admission fee is required or other compensation is provided.
(f) “Service area” means a place where people use or wait for services provided by a private or government entity. This includes, but is not limited to, bus stops, ATM lines, information kiosks and theater lines.
(g) “Shopping Center” means any parcel of land used for retail sales by more than one (1) retailer that is jointly operated or which includes shared parking facilities.
(h) “Smoke or smoking” means the carrying or holding of a lighted pipe, cigar, cigarette, e-cigarette or any other lighted smoking product or equipment used to burn, aerosolize or vaporize any tobacco product, weed, plant, liquid product or any other combustible substance. Smoking includes emitting or exhaling the fumes or vapor of any pipe, cigar, cigarette, e-cigarette or any other smoking equipment used for burning, aerosolizing or vaporizing any tobacco product, weed, plant, or any other combustible substance.
(i) “Designated smoking area” means any area designated for smoking pursuant to this chapter. A designated smoking area shall be as small as practicable to accommodate the number of smokers that are expected to use the area, but in no event may the designated smoking area exceed more than twenty (20%) percent of the total event area. Designated smoking areas shall be posted with one (1) or more conspicuously displayed signs that identify the area as a designated smoking area.
(j) “Tobacco product” means a product containing, made, or derived from tobacco or nicotine that is intended for human consumption, whether smoked, heated, chewed, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means, including an electronic device that delivers nicotine or other vaporized liquids to the person inhaling from the device.
(k) “Tobacco shops” means any retail or wholesale business establishment the main purpose of which is the sale of tobacco products, including but not limited to, cigars, pipe tobacco and smoking accessories.
(§ 2, Ord. 1502-NS, eff. August 7, 2008, as amended by § 2, Ord. 1505-NS, eff. October 9, 2008, as amended by part 1, Ord. 1659-NS, eff. January 1, 2019)