Appendix 5402. Definitions.

For the purposes of this chapter, unless otherwise apparent from the context, certain words and phrases used in this chapter are defined as follows:

(a)

Bar means an area which is devoted to the serving of alcoholic beverages for consumption by guests on the premises and the serving of food is only incidental to the consumption of such beverages. Although a restaurant may contain a bar, the term "bar" shall not include the restaurant dining area.

(b)

Bingo establishments means privately owned facilities used by organizations operating bingo games pursuant to section 326.5 of the California Penal Code.

(c)

Business means any sole proprietorship, partnership, joint venture, corporation or other business entity formed for profit-making purposes, including but not limited to retail establishments where goods or services are sold as well as professional corporations and other entities where legal, medical, dental, engineering, architectural or other professional services are offered or delivered.

(d)

Customer service area means any enclosed area of any business establishment or public place to which customers or members of the public have access, including but not limited to hallways, queue areas, lobbies or portions of a dining area not occupied by a counter or tables.

(e)

Designated smoking area means any enclosed area subject to the provisions of this chapter which is authorized hereunder to be designated for smoking.

(f)

Dining area means any enclosed area containing a counter and/or tables upon which meals are served.

(g)

Employee means any person who is employed by any employer in consideration for direct or indirect monetary wages or profit, and any person who volunteers his or her services for a profit, nonprofit, or governmental entity.

(h)

Employer means any person, partnership, corporation, or governmental entity who employs the services of two (2) or more individual persons exclusive of owners, partners, corporate officers or persons working fewer than twenty (20) hours per week.

(i)

Enclosed area means 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 the floor to the ceiling, including all space therein screened by partitions which do not extend to the ceiling or non-solid "office landscaping" or similar structures.

(j)

Nonprofit entity means any corporation, unincorporated association or other entity created for charitable, philanthropic, educational, political, social or other similar purposes, the net proceeds from the operations of which are committed to the promotion of the objects or purposes of the organization and not to private financial gain. A public agency is not a "nonprofit entity" within the meaning of this section.

(k)

Place of Employment means any enclosed area under the control of a public or private employer as defined in subsection (h) above, which employees normally frequent during the course of employment, including but not limited to work areas, employee lounges, restrooms, conference and classrooms, employee cafeterias, hallways and employer-furnished high-occupancy motor vehicles. Place of employment does not include:

(1)

A private residence unless it is used as a licensed child care or health facility.

(2)

The dining area of a restaurant.

(l)

Public place means any enclosed area to which the public is invited or in which the public is permitted, including but not limited to banks, educational facilities, governmental facilities, shopping malls, health facilities, public transportation facilities, reception areas, restaurants, retail food production and marketing establishments, retail service establishments, retail stores, theatres and waiting rooms. A private residence is not a "public place."

(m)

Restaurant means any enclosed coffee shop, cafeteria, luncheonette, tavern, cocktail lounge, sandwich stand, soda fountain, private or public school cafeteria or eating establishment, and any other eating establishment, organization, club, guesthouse, guest ranch or hotel, which gives or offers for sale food to the public, guests, patrons or employees as well as kitchens in which food is prepared on the premises for serving elsewhere, including catering facilities. The term "restaurant" shall not include a cocktail lounge or tavern if said cocktail lounge or tavern is a "bar" as defined in subsection (a) above.

(n)

Retail tobacco store means a retail store utilized primarily for the sale of tobacco products and accessories and in which the sale of other products is merely incidental.

(o)

Smoking means burning, carrying, exhaling or inhaling any lighted cigar, cigarette, pipe, weed, plant or other smoking material in any manner or in any form, or operating any electronic cigarette.

(p)

Sports arena means enclosed sports pavilions, gymnasiums, health spas, boxing arenas, swimming pools, tanning salons, roller and ice-skating rinks, bowling alleys, arcades and other similar places where members of the general public assemble to engage in physical exercise, participate in athletic events or witness such activities.

(q)

Theatre means any building not open to the sky which is primarily used for, or designed for the primary purpose of exhibiting any motion picture, stage presentation, drama, lecture, musical recital or similar performance.

(r)

Common area at a shopping center means any outdoor common area of a shopping center accessible to and useable by the occupants or customers of more than one (1) retail establishment used as a lobby, outdoor eating area, play area, or gathering area with either seats, benches or a water feature such as a fountain.

(s)

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.

(t)

Electronic cigarette or e-cigarette means any electronic or battery operated device that delivers vapors for inhalation. This term shall include every variation and type of such devices whether they are manufactured, distributed, marketed or sold as an electronic cigarette, an e-cigarette, an electronic cigar, an electronic cigarillo, an electronic pipe, and an electronic hookah, or sold by or distributed by any other product name or descriptor.

(u)

Outdoor service area means a place where people use or wait for services provided by a private or public entity. This includes, but is not limited to, bus stops, bank ATM lines, information kiosks and theater lines.

(v)

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.

(Ord. No. 204, § 1, 12-11-91; Ord. No. 238, § 1, 8-25-93; Ord. No. 15-414, §§ 2, 3, 1-28-2015)