For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ELECTRONIC SMOKING DEVICE. An electric or battery operated device, the use of which resembles conventional smoking, which can be used to deliver substances, including, without limitation, nicotine, tobacco or marijuana, to the person using such device. ELECTRONIC SMOKING DEVICE includes, without limitation, an electronic cigarette, cigar, cigarillo, pipe or hookah, but does not include any product approved by the U.S. Food and Drug Administration as a drug or medical device that is used in accordance with its purpose.
EMPLOYEE. Any person who is employed by any employer.
EMPLOYER. Any person, partnership or corporation, including a municipal corporation, who employs the services of any person.
ENCLOSED AREA. All space between a floor and ceiling which is enclosed on all sides by solid walls or windows (exclusive of doors or passageways) which extend from floor to ceiling, including all space therein screened by partitions which do not extend to the ceiling or are not solid or similar structures.
ENTRYWAY. The front or main doorway leading into a building.
MINOR. A person under 21 years of age.
NICOTINE PRODUCT. An electronic device or any component thereof that can be used to deliver nicotine to the person inhaling from the device, including, without limitation, an electronic cigarette, cigar, cigarillo, hookah, pipe or nicotine vaporizer; and nicotine or other chemical liquids, extracts, and oils intended to be used therein.
PLACE OF EMPLOYMENT. Any enclosed area under the control of a public or private employer which employees normally frequent during the course of employment.
PUBLIC PLACE. Any enclosed area in which the general public is permitted, including, without limitation: convention halls, covered parking structures, public or private educational facilities, childcare facilities, adult daycare or medical or healthcare facilities, hospitals, gymnasiums, post offices, guestrooms in commercial lodging establishments, laundromats, performance halls, polling places, professional offices, public transportation facilities, taxis, reception areas, restaurants, bars, retail food production and marketing/grocery establishments, retail service establishments, retail stores, indoor sports arenas, bowling alleys, billiard or pool halls, and theaters; every room, chamber or place of meeting or public assembly; all areas of an establishment that are open to, or customarily used by, the general public, including, without limitation, elevators, restrooms, lobbies, reception areas, hallways, waiting rooms and other common areas in apartment buildings, condominiums, trailer parks, retirement facilities, nursing homes and other multiple-unit residential or commercial lodging establishments; and any private residence when in use as a childcare, adult daycare or healthcare facility.
RETAIL TOBACCO STORE. A retail store utilized primarily for the sale of tobacco products and accessories and in which the sale of other products is merely incidental.
SMOKING. The lighting of any cigarette, cigar, pipe, or the activation of an electronic smoking device, or the possession of any lighted cigarette, cigar, pipe or activated electronic smoking device, regardless of its composition.
TOBACCO PRODUCT. A product that contains tobacco or is derived from tobacco and is intended to be ingested, inhaled, smoked, placed in oral or nasal cavities, or applied to the skin of an individual, including, without limitation, cigarettes, cigars, cigarillos, kreteks, bidis, hookah and pipes; granulated, plug cut, crimp cut, ready rubbed and other smoking tobacco; snuff and snuff flour, snus, plug and twist, fine cut and other chewing or dipping tobacco; shorts, refuse scraps, clippings, cuttings and seepings of tobacco; and any other kinds and forms of tobacco, prepared in such manner as to be suitable for both chewing or for smoking in a cigarette, pipe or otherwise, or both for chewing and smoking.
WORK AREA. An area in a place of employment where one or more employees are routinely assigned and perform services for or on behalf of their employer.
(Ord. 22(2016) § 1; Ord. 20(2020) § 1)